Child Support in Maricopa County, AZ: What Happens if the Other Parent is Unemployed or Underemployed?

Child support is a crucial aspect of divorce proceedings, especially when children are involved. It is a legal obligation for both parents to financially support their children, regardless of their marital status. In Maricopa County, Arizona, child support is determined based on the Arizona Child Support Guidelines, which take into account the income of both parents and the needs of the child.

Understanding Child Support in Maricopa County, AZ

Child support is a court-ordered payment made by one parent to the other for the financial support of their child. It is intended to cover the child's basic needs, such as food, shelter, clothing, and medical care.

In Maricopa County, child support is calculated using a formula that takes into account the income of both parents and the number of children they have. The Arizona Child Support Guidelines use an income shares model, which means that both parents' incomes are considered when determining child support. This ensures that the child receives the same level of financial support they would have received if their parents were still together.

What Happens if One Parent is Unemployed or Underemployed?

In some cases, one parent may be unemployed or underemployed at the time of divorce or separation. This can significantly impact the amount of child support they are required to pay. In Maricopa County, if one parent is unemployed or underemployed, their potential income may be imputed for the purpose of calculating child support.Imputed income means that the court will assign an income to the unemployed or underemployed parent based on their earning capacity.

This is determined by factors such as their education, work experience, and job opportunities in their area. The court may also consider the parent's past earnings and their ability to earn a similar income in the future. It is important to note that imputed income is not used to punish a parent for being unemployed or underemployed. It is simply a way to ensure that the child receives the financial support they need and deserve.

Challenges in Calculating Child Support for Unemployed or Underemployed Parents

Calculating child support for unemployed or underemployed parents can be challenging. This is because their income may not be as straightforward as that of a parent who is employed full-time.

For example, if a parent is self-employed, their income may fluctuate, making it difficult to determine their earning capacity. In such cases, the court may require the parent to provide additional documentation, such as tax returns and bank statements, to accurately assess their income. The court may also consider any assets the parent has, such as property or investments, when determining their earning capacity.

Modifying Child Support for Unemployed or Underemployed Parents

If a parent's employment status changes after child support has been ordered, they can request a modification of the child support order. This means that the court will review the case and adjust the child support amount accordingly. In Maricopa County, a modification of child support can be requested if there has been a significant change in circumstances, such as a job loss or reduction in income. The court will consider the reason for the change in employment status and whether it was voluntary or involuntary. If the court determines that the change in employment status was voluntary, they may impute income to the parent based on their earning capacity.

However, if the change was involuntary, such as a layoff or illness, the court may adjust the child support amount to reflect the parent's current income.

Enforcing Child Support for Unemployed or Underemployed Parents

Unfortunately, some parents may try to avoid paying child support by remaining unemployed or underemployed. In such cases, the other parent can seek enforcement of the child support order through the Arizona Division of Child Support Services (DCSS).The DCSS has various tools at their disposal to enforce child support, such as wage garnishment, tax refund intercepts, and suspension of driver's licenses and professional licenses. They can also take legal action against the non-paying parent, which may result in fines or even jail time.

Conclusion

Child support is a crucial aspect of divorce proceedings, and it is essential for both parents to fulfill their financial obligations towards their children. In Maricopa County, if one parent is unemployed or underemployed, their potential income may be imputed for the purpose of calculating child support.

This ensures that the child receives the financial support they need and deserve. If you are facing challenges with child support in Maricopa County, it is best to seek the advice of a family law attorney who can guide you through the process and ensure that your child's best interests are protected.