Child support laws exist to protect children and parents. Single parents who are victims or abuse or violence benefit greatly from these laws, as are single parents who have amicably divorced. These payments ensure that a child or children do not become disadvantaged due to the break up of their parents. Courts have the power to issue these orders and every state has their own law.

Without financial support, single parent families would struggle to survive. A court will decide what level of support is fair and appropriate for each situation and this may differ depending on a number of factors. Judges have flexibility in most states in terms of stating how much must be paid by the non-custodial parent. A judge’s decision is final but an appeal can be placed.

The parent who earns more generally has to contribute more to the well being of the child. If the non-custodial parent earns less than the custodial parent then they will generally have to pay less child support than if they earned more. The idea is to balance the finances so that the child or children have the best opportunity for a normal life after the parents have separated. It is not only income that is taken into account when determining the support amount, but also the assets of each parent such as the family home. The ultimate aim of the law is to ensure a certain standard of living for the child that would be possible if the parents were still together.

If the non-custodial parent is unable to pay child support then the court is able to temporarily suspend the payments until the circumstances change. The parent will be encouraged to get a higher paying job and the custodial parent must then be reimbursed for the extra expenses that were incurred during the non-payment period.

In the event of split custody, a court will determine child support requirements on a case by case basis. If the child is with each parent half of the time equally then certain laws may be waived or suspended, however it is too complicated a subject to speculate generally.

Child support laws are vital if the welfare of children is to be considered once their parents are separated. Speak to your local Child Support agency to find out specific information about your state laws.

To get the 9 critical strategies for winning child custody when dealing with irrational, vindictive or abusive ex’s, click here: http://www.WinningChildCustodyStrategies.com

Joan Baker is an expert in child custody after going through her own custody ordeal, researching the laws and now helping other women going through the process.

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Child support or child maintenance is a process where a periodic payment is made by obligatory to oblige for the financial support of children of a marriage that has been terminated legally. Spousal support and child support are two different things. When there is a divorce preceding that includes children then there is requirement of representation of the Northern Arizona Lawyers. They get involved in the proceedings where a Court order for child support is not honored. They also take cases when a change is required in an original order.

When there is a case of child support both sides need representation. The Flagstaff Lawyers are well trained and experienced to handle both the aspects. Flagstaff takes into consideration the fact that the best interest of children is given priority. Most divorce cases with children want the best for the children. Though it is seen many times each party want to make other party suffers financially even thought it hampers logical thinking and negotiation. This is where flagstaff lawyers act smart and make their client understand the legal rights. This eventually makes their client to act and decide legally.

Child support does not mean only the physical sums of money they also include various medical and insurance expenses. Under the Arizona law no preset amount is there. This is where the Flagstaff Lawyers assists their clients in getting proper documents and proof to provide financial standings of both the parties. The courts have prior guidelines regarding the amounts and these lawyers are well acquainted with those guidelines. They feel responsible not only for their client but also for the fate of their children. In most cases it is seen that the individual responsible for paying the support to the child wants to settle on an amount so that they can get their financial matters in order. But the client of Flagstaff Lawyers if is the recipient wants to know what is going to be added to their income so as to plan their financial obligations. They consider this matter priority and work sincerely on resolving this issue.

Flagstaff Lawyers advise their client wisely for the fairness of the proposed negotiation. This sometimes makes it smoother to move matters to move along. They feel it their responsibility to save their clients incidental fees and legal ones. Flagstaff lawyers always keep their goal to satisfy the client.

For assistance on child support visit flagstaff lawyers.

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When an individual is seeking child support they are doing the right thing by making sure that their child will be cared for financially. While the cost of living has gone up, the economy has taken a downturn that has affected many individuals. The cost of raising a child can be expensive, especially if the responsibility falls on one person. Child support is an obligation that should not be seen as a punishment.

Usually, the parent who does not have primary custody of the child will be ordered to pay. The amount that they are ordered to pay will vary from state to state, but the amount to be paid is usually based on the parent’s income, the needs of the child, the parent’s ability to pay support and the amount of access the parent has to the child.

The court does however have the discretion to order additional support over and above the guideline child support if the child or children have special needs such as medical issues or special extracurricular activities. The court will also usually require that the parent ordered to pay to also provide medical insurance so that the health of the child will be maintained.

In some cases a trust or annuity can be set up in regards to the support obligation. This can happen if one parent has concerns about the other using the child support payment in the best interests of the child. The court can order that a portion of the payment be put in a trust or annuity if they feel that it is in the best interests of the child. In the instance of an annuity, the fund will be paid out on a fixed schedule over time and will guarantee a certain amount of income over that period of time. A trust is a fund that is also paid out over time, however, the court will appoint a trustee who will make payments at certain times or make payments as necessary for the health, education, maintenance and support of the child.

An order for support payments generally lasts until the child is 18 years of age and graduates from highs school. However, there are instances that can shorten or lengthen the period in which support must be paid. For instance if a child is disabled before their 18th birthday, the order to pay may extend into their adulthood. Additionally, if the child is of a certain age and self supporting or married the length of the child support order may be shortened.

Usually a wage withholding order is provided to the employer of the person ordered to pay support. Each pay period the ordered amount will be deducted from the parent’s salary amount and then disbursed by the respective states child support division.

Individuals who fail to pay the court ordered amount can be prosecuted and sent to jail. If an individual’s ability to pay for the needs of the child changes, they may request a modification to the original order. Filing for bankruptcy will not discharge an individual’s responsibility to pay child support.

The court proceedings involving a child support case can be complicated and stressful and the circumstances surrounding a support case aren’t always the most pleasant. An experienced family law attorney can help you make the best of the situation and find the solutions that work for everyone involved.

Keith Lea is a Houston child support attorney who has provided legal counsel for individuals seeking a child support order to provide for their child or children. Keith Lea strives to provide solutions that will protect the best interests of the involved children in a court ordered support matter. As a family law attorney he understands the difficulties that can arise when dealing with a case involving support for a child. For more information please visit our website: Houston child support attorney

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The following guest post is from Marc Brown:

Divorce and debt problems often go hand in hand and have adverse impacts on each other especially in terms of finance and possessions. Sometimes, fighting on financial issues drain the joy out of a marital life and compel the couple to split up. Under Arizona law, all the assets and the debts incurred during a marital life are regarded as community property and therefore after divorce needs to be divided equally between husband and wife. Division of debt is not an easy task because your better or worse half might have accumulated outstanding debt, but you also remain liable to pay it off. Both Debt division as well as asset division is contentious as both you and your spouse fight over each and every tiny issue in order to evade any sort of loss. Only a knowledgeable attorney is capable of helping you to divide your marital debt equitably.

Documents Required to Aid in Debt Division

Courts demand substantial proofs and documentation to determine marital assets and debts. It is not always possible for couples to provide all exact and accurate information to court and therefore verification of facts are required. Credit bureaus are able to shed light on this matter and can present exact figures and estimation of debt. Before planning a divorce you need to keep a record of following items like tax returns, mortgage papers, investment portfolios, bank account records, credit card statements, business records, titles or deeds of ownership. In case there is no financial documentation of the above mentioned items, you can request assistance from forensic accountants and certified public accountants. They can investigate your finances and get an exact account of debts and assets. It is essential to depict a clear picture of the community properties, separate properties and debts so that the court can make a perfect ruling on the property division.

Agreements of Debt Division

If you are in the planning stage of divorce you can better start paying off your debts, so you don’t have to handle them any more in the divorce settlement. However if you have overwhelming debts during divorce an Arizona family lawyer can help you to come to terms on some debt division agreements. In the agreement you need to follow the contracts given below:

• You need to give consent that you take responsibility for the debts in exchange for receiving more assets from the marital property division. For example suppose, you get the possession of the house, the cars and the lake house and agree to take care of all the credit card bills.

• You can also agree to let your spouse take responsibility for some of the debts and in turn he or she can receive more assets from the division of property. For example you can allow your spouse to take the boat, the house with the mortgage payment and all of the student loan debt as well.

• You can agree to share equal responsibility for the debts as well. Here both you and your partner will be legally responsible and if your ex-spouse does not pay off the debt, you will be left with the entire debt burden. You can appeal to court, but creditors will still hold you legally responsible and if you do not pay back the debt it will adversely affect your credit history in future. 

To make the best of a bad bargain and settle your marital debts you better keep all the above mentioned points in mind. There are some legal consequences that can affect you for a long time even after your divorce gets finalized. Settle your debt in dispute with the help of a proficient attorney. Make sure that your legal agreements put you in a fair position and you do not start your new life after divorce with a dent in your wallet.

About the Author: Marc Brown is a financial writer. He has been writing on financial topics over the years with special focus on the US economy. Marc also takes interest in debt related issues and contributes articles on debt settlement to acclaimed personal finance blogs.

The trial court agreed modifying spousal support, finding that, based on the language of the parties' settlement agreement entered into at the time of divorce, "review [was] mandated and no further showing of a change in circumstances beyond the sale of the residence [was] necessary for a modification".

Wife argued on appeal that althought the settlement agreement mandated review when the marital residence was sold, there had to be "a showing of changed circumstances" before the trial court could modify the award.  The Arizona Court of Appeals agreed with wife indicating that the while the sale of the marital residence is a factor that might justify a reduction, but only if, husband could show that the sale amounted to a substantial and continuing change of circumststances.

Needless to say, there are many instances where reductions of spousal maintenance may be permitted, given the downturn in the economy.

The trial court agreed modifying spousal support, finding that, based on the language of the parties' settlement agreement entered into at the time of divorce, "review [was] mandated and no further showing of a change in circumstances beyond the sale of the residence [was] necessary for a modification".

Wife argued on appeal that althought the settlement agreement mandated review when the marital residence was sold, there had to be "a showing of changed circumstances" before the trial court could modify the award.  The Arizona Court of Appeals agreed with wife indicating that the while the sale of the marital residence is a factor that might justify a reduction, but only if, husband could show that the sale amounted to a substantial and continuing change of circumststances.

Needless to say, there are many instances where reductions of spousal maintenance may be permitted, given the downturn in the economy.

One of the common series of questions I see is about child support expenses, what is included, what is not, where the money goes, what is fair what is not. All things child support. No one likes to pay it and most who do think they pay too much. Of course when the shoe is on the other foot it is never enough there are often times issues trying to collect. So let’s look under the hood.

In basic terms child support is designed to help level the living standard between the parents. There are a large number of items that get factored into child support, but the two major components are:

1. Income differential
2. Percentage of time with the child

The court attempts to reward parents for spending time with the child. The more time you spend with your child the more the equation swings your way regardless of income. This means that if you had 90% of the timeshare and made twice what the other parent does, you might still get support. Conversely, if you had 10% of the timeshare and earned double the money you would owe the other parent far more than in the first example. If you had a 50% split of time then the parent with the larger income would owe some money to the lesser earning parent.

Of course you want to know what this has to do with included expenses. Basically, the law states that child support does not address a specific expense but addresses the issue of lifestyle of the child. This means that inevitably every member of the receiving household may benefit from the improved lifestyle. The expenses that are generally included are normal living expenses. That is, normal expenses may not typically be asked to be added on.

The major exception to this rule would be daycare. Daycare is typically split 50/50 between the parties. The primary parent normally has the right to choose the daycare provider but if the expenses include non-daycare items like travel to activities, housework and more, the non-primary parent can ask that a reasonable fee be assessed in lieu of actual expenses.

Other expenses not included in child support would be medical, dental, special needs, counseling, and tutoring. Each of these can be added by the court as reasonable expenses that need to be split by the parents.

So it is normal that child support covers all normal household expenses, but does not cover extra’s like medical and dental, and finally that others in the household may benefit.

Ed Brooks knows firsthand how painful a High Conflict Child Custody battle can be. Ed has created a site where parents can get advice on how to handle all aspects of a high conflict Win Child Custody battle. If you want to read more about Child Support issues you can find it here.

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Arizona Court rules on multiple tort claims alleging wrongdoing by married parties. 

In Berk, Wife made claims against Husband for "Consipracy to Commit False Imprisonment", "Intentional Infliction of Emotional Stress", "Libel", "Slander", "Invasion of Privacy", and "Loss of Consortium".

Apparently the underlying situation involved Husband's attempt to conduct an intervention for Wife' benefit,which subsequentlyeding up in his having the Wife committed to a mental health facility for observation, and his alleged discussions with various individuals in the Phoenix Arizona "Jewish Community" about Wife.

The court, in ruling on competing summary judgment motions, found that Husband's attempts to lure Wife into an intervention was not actionable as a consipracy to commit false imprisonment because she was never physically restrained by contact, and that "words, actions and body language" alone was not enouph to make a claim.  Neither was the intervention and subsequent action by Husband to take Wife to a psychiatric facilitiy actionalbe as an intentional infliction of emotional distress because it was not "outrageous" or "intended to cause emotional distress".

Similarly, the Husband's filing of an Application for Involuntary Evaluation and Application for Emergency Admission was found not defamatory and libelous because, in part, documents containing reference to Wife were filed in litigation proceedings are entitled were thus entitled to "absolute privilege". And, eventhough it was alleged that Husband talked to "about 30 people about Munchausen's Proxy (MBP), without publication, no slander action could be brought.  And again, because of lack of proof of any publication, allegations that "falsely represented [Wife's] mental state to friends, colleagues and the Jewish community" was not actionable as an invasion of privacy.

Finally, no loss of consortium claim existed even though Wife was found to be separated from the parties' children during her stay at the psychiatric care facility.

There were more claims from Husband against Wife as well as claims against a third-party, which are set out in the full text of the opinion, Berk v. Berk.

Here is a topic that is often considered the absolute worst, orders of protection in Arizona family law cases where kids are involved.

First, a disclaimer: Some Orders of Protection have validity, and some actually work. There are people who seriously need to be protected from abusive or threatening individuals, and are at imminent risk of harm. Obtaining an Order of Protection does work if the person that you are attempting to restrain has some remnant of respect for the law, or fear of repercussion -- like arrest or imprisonment -- if he or she violates the order. And of course, an Order of Protection can assist responding police offcers in assessing and then directing what should be done temporarily while at the scene.

But improperly obtained Orders of Protection are a whole different story, and unfortunately are just as frequently the norm, and they hurt everyone.

In meritorious cases, family court judges can become so focused on the underlying motives for the requests for Orders of Protection that at-risk people may be denied the protection they need, sometimes with horrific consequences. It happens.

On the other hand, there are many instances when bogus Orders of Protections are obtained for use in manipulating other issues within a divorce or family law dispute.  For instance, a respondent is cut off from the kids, suddenly and indefinitely -- with little or no physical, telephone, written or even electronic contact -- while the case gets adjourned ad nauseum, based on allegations he or she never even had a chance to contest in court prior to the issuance of the Order of Protection.

As for the kids in these cases -- usually they are confused by the abrupt disappearance of one parent. If they are lucky, they won't get poisoned too much by the petitioner or his/her friends and relatives. However, there is a good chance they will.  To make matters worse, therapists often get involved and join the gang of total strangers (judges, law guardians, child protective services, forensic evaluators, etc. etc.) now intruding on the family without much investigation or information being obtained first.

Also, the petitioner, who thinks he or she has just scored big-time in the impending custody battle, may be completely oblivious to a bunch of problems that can result.  For instance, he or she may not have noticed the damage just caused his/her family - which no custody award in his/her favor will ever erase. And he or she runs the risk that a very patient respondent -- one who's prepared to ride the waves of mostly negative rulings for a while, and who's hired a good lawyer - will eventually expose the phony claims. If the respondent has a fair amount of facts in his/her favor, s/he may even prove it's the petitioner who's really harming the family. Boom. Custody unexpectedly awarded to the respondent.