How do I collect back child support? - Part 1

Child support is due on the first day of each month and is late after the last day of the month. If child support goes unpaid the payor is in arrears. Each month of child support that goes unpaid begins to accrue interest. However, it does you no good if you can't collect it.

One option is to go to the Arizona Attorney General's Office Child Support Enforcement Division and open a IV-D (that's roman numeral 4 - D, a reference to a particular section in the Social Security Act) case. This route has its advantages because it's free, the attorneys handle everything for you and they have means and methods of collecting money available to them that private attorneys and/or you as an individual do not. However, you have to be willing to go down to your local Child Support Enforcement office, wait in a line, which can often be long, fill out a lot of paperwork and join the bureaucracy train.

Despite my previous comments, I actually do advocate for this option and have sent several of my former clients to the office in certain situations. I recommend opening a IV-D case when you have a spouse who changes jobs frequently, whose employment may be unknown or if you don't have money to hire an attorney and do not want to embark on this process alone. If you have a IV-D case, those working on your behalf have the ability to do things outside of court to collect money, such as intercept tax refunds and garnish bank accounts. These collection options happen automatically without the need for a court appearance and hearing.

Another advantage to a IV-D case is that the attorney requests and handles the child support arrears calculation. A complicated calculation has to be done to determine just how much is owed in back child support to reduce it to a judgment. If you handle collection on your own you have to request and interpret the arrears calculation and having read many, I assure you they are not easy to understand.

If you have received Temporary Aid to Needy Families (TANF) or other cash assistance from the state during the same time period that you were owed child support and not paid, the state will automatically open a IV-D case. The reason for this is to recoup from the delinquent payor the money it essentially paid on his/her behalf. If and/or once arrears money begins to be collected, it will go to the state to repay the cash assistance it paid you until paid in full. Any funds over and above that owed to the state that are collected will then go to you.

And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Temporary Orders

As you have probably guessed by now, a divorce isn't a quick matter. It will take a minimum of 60 days and could take many months more. In the meantime, bills need to be paid, food needs to purchased and your car needs gas. If the primary source of income left with your soon to be ex you may need temporary support. If the kids left with your soon to be ex you may need a temporary custody order. There may be other issues that need a band-aid resolution until you can get it settled completely as part of the final divorce.

To start the process of getting temporary orders you need to file a motion for temporary orders, following Arizona Rules of Family Law Procedure Rule 47. Rule 47 tells you specifically what needs to be in the motion depending on what relief you need.

If you are seeking monetary support from your spouse you will need to prepare an Affidavit of Financial Information. See my earlier post on this form for tips and guidance on preparing this document.

If you know that when you file and start divorce proceedings you are going to need some type of temporary orders it is advisable to prepare your motion for temporary orders along with your petition for dissolution of marriage. When you file and serve your petition for dissolution of marriage your motion for temporary orders will be served. You will also already have a hearing date. This is the most efficient way to go because it guarantees you a fast hearing date.


And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Waiting Period

Once that Petition is filed many people are very anxious to get things done and get the divorce done. That's all well and good however, you will have to exercise a bit of patience. Arizona has implemented a 60 day waiting period. This means that you cannot get divorced until 60 days after the date that your spouse is served with the petition. Use this time to get things in order (see my first several posts for specifically what I mean by that), make sure you have a good solid decree drafted and ensure a divorce is what you really want.


And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

What if you get served?

If you find yourself served with a Petition for Dissolution of Marriage, do not fret that you weren't the one to file. It makes no difference for the most part. You will be known as the Respondent in the case. The person who files is known as the Petitioner. You have obligations even as the Respondent.

You need to file a Response to Petition for Dissolution of Marriage within 20 days of being served. A form for a response can be found on your county's superior court website or you can prepare your own. If you prepare your own, you need to read each allegation in each hopefully numbered paragraph in the petition and decide whether you admit it, deny it or don't have enough information to do either. You don't need to restate what the paragraph says but merely need to say whether you admit or deny the allegations in the specific paragraph.

Once you have prepared your response, sign it before a notary public, make 3 copies and take it to the courthouse. There will be a filing fee. The clerk will keep the original, stamp the two copies and return the copies to you. Keep one copy for your records and mail the other copy to your spouse.

And remember...


While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Serving Your Petition

Once you have filed your Petition for Dissolution of Marriage and paid your filing fees you need serve your petition on your soon to be ex-spouse. This can be done in one of a few different ways.
The first and cheapest (free) option is to hand your spouse the paperwork and have him/her sign an acknowledgement of service in front of a notary public. The form can be found on your county's website where the other self help forms are found. The date of service will be the date which the acknowledgement is signed and notarized.
You can place your paperwork with the sheriff for service. There will be a fee for the service and there is no way to know how long it will take to have the service done. The clerk will be able to tell you where to go at the courthouse to turn over your paperwork to the sheriff.
The third option is to hire a private process server. Here in Arizona, Hawkins and EZ Messenger is a popular company that many law firms use, particularly in the bigger counties like Pima, Maricopa, Yavapai and Coconino. There are other companies that do private process serving. The internet or the yellow pages will give you your options. This will be the most expensive option but it may get done faster than using the sheriff's office.

And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Filing Your Petition

Once you have prepared your petition you need to sign it before a notary public then make three copies of it. There are other forms that most courts require to be filed at the same time as your Petition including a summons, a notices about health insurance, a notice about third party creditors, a confidential sensitive data sheet and maybe some others. Refer to the website for the county you are filing in to see what you need in addition to the petition. The website should also tell you how many copies of each document you need to make.
Divorce doesn't come free. There will be a filing fee. The website will tell you how much it will cost to file for divorce. It will be somewhere over $200. This will be just the first of many filing fees in your divorce. If you feel you cannot afford this fee and others you can request a fee waiver. The form may be on line but will definitely be available at the clerks office. It requires the submission of supporting financial documentation. The request is reviewed by a judge very quickly.
When you have all of your documents prepared, copied and organized go to the clerks office at your local courthouse. Give everything to the clerk and pay your fee. The clerk will put various stamps on the originals and copies and keep what the court needs. The rest will be returned to you for our own records and to be used to serve on your spouse.

And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Petition for Dissolution of Marriage

A divorce starts by filing a Petition for Dissolution of Marriage. A.R.S. 25-314 sets out the information that should be included in a Petition for Dissolution of Marriage. The court for the county where you are filing will likely have a fill in the blank form available on its website if you do not want to write one from scratch.

Regarding custody, parenting time and support, you either need to lay out what agreements have been reached or include a request for what you would want ordered if you were the only involved. Include whether you want sole or joint legal custody and/or primary physical custody. You also need to request child support.

If you feel you are entitled to spousal maintenance you must request it in the petition or you will not be able to be awarded support during the divorce.

You also need to address what you want to happen with your property and debts. If you have property you believe to be your separate property you need to make a claim for it in your petition. If you believe there are debts that are your spouse's sole debt you need to set those out in your petition. You don't have to set out all of your property and debts specifically. You can just say you want the community property and debts divided equally, your separate property awarded to you and separate debts assigned properly and the full nature and extent of them will be determined during the case.

And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Inventory of Property and Debts

The Inventory of Property and Debts is a crucial form to complete fully and accurately. This form can be accessed by clicking on the following link or from a link on my home page:
http://www.azcourts.gov/selfservicecenter/SelfServiceForms/ArizonaFamilyLawProcedure.aspx

This is the form you rely on from beginning to end to keep track of what needs to be divided when you are getting divorced. It should always be as current as possible.

You will see that the form is broken into categories such as bank accounts, real property, debts, retirement, life insurance etc. The way to complete this form is first to make a list of the assets and debts that you know or believe to exist in each category. It doesn't matter if you have any documents about the asset or debt, put it down if you think it exists. Once you have a list you need to start collecting documents on each asset and debt. Rule 49 of the Arizona Rules of Family Law Procedure will tell you specifically what and how much you need to collect in perfect circumstances. See the following link or find it at the my homepage:
http://www.supreme.state.az.us/rules/ramd_pdf/r-05-0008.pdf

At a minimum you need to have a piece of paper or papers containing the identifying information for the asset or debt. The Inventory of Property and Debts form will ask you to fill in the information that you need to know to complete your final decree. Do your best to find titles for vehicles and deeds for houses. Print or request bank statements and credit card statements for every account you have. Gather statements showing the most current balance possible on retirement accounts. Find summary statements for whole life insurance policies showing the cash value and death benefit. In sum, if there is a blank on the Inventory find a keep the piece of paper you look at to fill in the blank.


And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Affidavit of Financial Information

The Affidavit of Financial Information is a very important form if you are seeking spousal maintenance and/or child support. This form is particularly important if seeking spousal maintenance. Here is a link to the form:
http://www.azcourts.gov/selfservicecenter/SelfServiceForms/ArizonaFamilyLawProcedure.aspx

The amount you receive in spousal maintenance is based in large part on the standard of living you maintained during the marriage. The way to convey this standard of living to the court is to put it in the affidavit and be able to support every number. When you are completing sections 6 and 7 of this form it is imperative that you do not guess. You must go back through your financial records for the 6-12 months prior  to the end of your marriage and add up the numbers. Add up what you spent on groceries for the time period then take an average. Do the same for each of the categories. If you regularly spend money on certain things for which there are no categories, make a category.

If you have a hearing or trial on the issue of support you will be questioned by the other attorney about how you calculated the numbers in your affidavit. Your affidavit is stronger and less refutable if you can tell the court that you reviewed your bank and credit card statements, past receipts, Quicken and other financial records to complete the affidavit.

In section 6, you are asked to put in a number for the cost of health insurance. This number should just be the amount for your children. This means that you need to obtain a copy of the benefits cost form from the employer of whichever parent carries the insurance. In some instances, when children are added to insurance it is merely an additional fee. If you review the cost sheet and determine this to be the case, the additional fee is the amount that should be put in section 6. Other times, it is one sum for an employee and an entirely new lump sum amount for an employee + dependents. If this is the case, the difference between the cost for employee + dependents and the cost for the employee is the number that belongs in section 6.

And remember...

While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Spousal Maintenance

Unfortunately, there is no formula for calculating spousal maintenance. Spousal maintenance is determined on a case by case basis, taking into account a lot of factors that vary from marriage to marriage.

The relevant statute for spousal maintenance is A.R.S. 25-319. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00319.htm&Title=25&DocType=ARS You need to review this statute if you are considering seeking spousal maintenance.

Before you can start talking about how much spousal maintenance you should get, you have to figure out whether you are even entitled to it. A.R.S. 25-319(A) sets out four different ways in which you can become entitled to spousal maintenance. If you don't fall under one of the categories you don't even get to talk about amounts. If you do fall under one of the categories then you can move on to 25-319(B).

A.R.S. 25-319(B) is a long list of factors that are considered, discussed and analyzed in any spousal maintenance case. It is through discussing and analyzing these factors that an amount and time period for maintenance are reached. As I said, there is no formula. It's up to you to show what you need based on how you lived during the marriage.


And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Child Support - calculating parenting time days

One part of the child support calculation is the number of parenting time days the non-custodial parent has in a year. That parent receives a percentage deduction in his/her obligation based on that number. Therefore, it is important to know how to calculate the number of days correctly. There are many lawyers who do not do this properly and it leads to an incorrect child support figure.

Here is a link to the child support guidelines and calculator. If this is the first time you are establishing child support you need to use the 2011 child support guidelines. If you have an existing order but need or want to modify the amount you need to read the 2011 guidelines to determine if they or the 2005 guidelines apply instead. http://www.azcourts.gov/familylaw/Home.aspx

The first thing to do is to calculate how many hours of regular parenting time the non-custodial parent has in a two week period. I say two weeks because typically parents have a consistent mid-week schedule and alternate the weekends, making the schedule repeat every two weeks rather than every week. Yours may repeat more or less frequently. It will be important to know how frequently it repeats so figure that out also. The guidelines assign fractions of days or a full day to each scheduled block of parenting time based on the number of hours a visit lasts. Determine how much each block of parenting time in the week or multiple weeks amounts to based on the guidelines. You should have a round number of something ending in .25, .5 or .75.

Once you have this number you need to calculate how much time this amounts to over the course of a year, which has 52 weeks. You cannot just multiply by 52 weeks if your regular parenting time schedule repeats every two or more weeks or if you have a vacation schedule that gives each of you a week or two or three etc of uninterrupted parenting time.

To factor in vacation parenting time you first subtract the total number of vacation weeks from 52 weeks per year, (i.e. 2 weeks for the custodial parent + 2 weeks for the non-custodial parent = 4 total weeks of vacation, then 52 total weeks - 4 weeks vacation parenting time = 48 weeks of regular parenting time.) Once you know how many weeks of the year regular parenting time occurs, you need to divide it by the number of weeks that pass in your regular parenting time schedule before it repeats. As I said above, it is typically a two week repeating schedule. Thus, in this example with 48 weeks of regular parenting time, you would divide 48 by 2, giving you 24. Finally, multiply 24 times the number of hours the non-custodial parent has for parenting time. This is the number of regular parenting time hours.

Once you have the total number of regular parenting time numbers in a year, you need to add to it the number of days of vacation parenting time he/she has. If each parent has two weeks of vacation parenting time then you would add 14 parenting time days to your total.

As for holidays, if you are on a rotating schedule where in odd years the custodial parent has a certain set of holidays and the non-custodial another set and then in even years it flips exactly, you do not factor in holidays to your calculation. The reason is that over time the holiday parenting time equalizes itself.

And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Child Support

In Arizona there is an entire set of rules on how to calculate child support, called the Child Support Guidelines. They are available on line at the Arizona Supreme Court website if you want to read them and you should.

Child support in Arizona is a formula. A child support calculator is available at the Arizona Supreme Court website. You plug in certain numbers and it spits you out a number for child support.

To calculate child support you will need to know your gross monthly income, the other parent's gross monthly income, the cost of health insurance for the children, childcare costs, private school costs and the number of parenting time days the non-custodial parent has each year.


And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.

Custody mediation

Most counties in Arizona offer and even require you to attend mediation to resolve and discuss custody matters even if both parents agree on everything. The court will issue an order to the mediation program to schedule a date for mediation. It is mandatory that you attend this session. You will have a few hours to meet with the mediator to discuss the points you both agree and disagree on. The mediator will write down in a parenting plan the things you agree on. The mediator will work with both of you to try and bring about a compromise on the things you do not agree on. At the conclusion you either leave with a complete agreement, a partial agreement or no agreement.

Mediation should be a positive thing for you. It is a way to resolve custody issues at no cost to you. If you don't agree In mediation you will have to continue trying to negotiate through lawyers if you have them and ultimately have a trial if no agreement can be reached. Custody trials are the longest, most expensive and emotionally agonizing part of a divorce and should be avoided at all costs. You will be happier in the long run compromising on some things than having a trial. In negotiation and compromise you know and can control your priority level on the various disputed issues. You can give up things less important and hold tighter to the most important things. A judge isn't going to know the order that contested issues fall in your list of priorities.

Use mediation to avoid a huge headache and money pit.

Physical Custody - Vacation Parenting Time Schedule

Vacation parenting time is the third part of a parenting time schedule that has to be decided. Vacation parenting time also takes precedence over regular parenting time. This generally means longer, uninterrupted time with the kids during the summer months. Typically, each parent gets 2-3 weeks of vacation parenting time in a calendar year. However, in most instances vacation parenting time cannot be exercised in one large block. A parent is limited to one week at a time. Parents usually set a date by which summer vacation parenting time must be determined, such as April 1 or May 1 of each year. Parents alternate years in which his/her plans trump if there is a scheduling conflict. Keep in mind that vacation parenting time does not trump holiday parenting time. Thus, you cannot plan a vacation over July 4 weekend if the other parent has that holiday as holiday parenting time.


And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling             (928) 458-5026       to schedule an appointment.

Physical custody - holiday parenting time schedule

Holiday parenting time: This schedule takes precedent over the regular parenting time schedule. If a parent misses regular parenting time because of holiday parenting time he/she is not entitled to makeup. It works itself out overtime.

The following is a list by month of the possible holidays and school breaks:
January
Martin Luther King Day

February
Presidents Day

March/April
Easter
Spring Break

May
Mothers Day
Memorial Day

June
Fathers Day

July
July 4

September
Labor Day

October
Columbus Day
Fall Break
Halloween

November
Veterans Day
Thanksgiving

December
Christmas Eve/Christmas Day
Winter Break
New Years Eve/New Years Day


Typically, one parent gets certain holidays in odd years and the other parent in even years. If you have the January holiday then the other parent should have the next holiday in the schedule.

I recommend keeping the holiday schedule to a minimum, including only the most important holidays. It is really disruptive to have every single one of the school holidays and breaks included. The more holidays you include the more disruption there will be. Carefully consider the holidays that really matter to you and your children. Birthdays can easily be celebrated just before or just after the actual day. There is no need to include birthdays in the holiday schedule.

As to Christmas and Winter Break, I recommend that once your child is in school you divide Winter Break, rather than Christmas Eve and Christmas Day. One parent would have the beginning of the break through Christmas Day. The other parent would have from December 26 through the end of the break, including New Years. This allows each parent to have a full Christmas celebration with the children every other year and makes travel possible. If you divide Christmas Eve and Christmas Day it disrupts the holiday for both parents and the children every year and no one can travel to see extended family.

If I were making a schedule I would limit holidays to Memorial Day, Labor Day, Mothers Day, Fathers Day, Thanksgiving, Winter Break (including Christmas Eve and Christmas Day), Easter and Spring Break (which sometimes are concurrent).


And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.