Articles Posted in Child Support

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The collection of child support has become even more difficult during the last years of general economic hardship. But government, State and Federal, wants payment to be made and has provided a large amount of help. If a parent does not pay child support, he or she is subject to enforcement measures to collect regular and past-due payments.

Prior to 2006, there was a three year statute of limitations for collecting on a judgment for child support arrears. The statute of limitations for collection of child support was eliminated in 2006. The following are some of the enforcement measures for collecting past due child support. 

Passport Restrictions: Passport applications may be denied by the U.S. State Department. Presently, Federal law prohibits the issuance or renewal of a U.S. passport to anyone with child support arrears of $2,500.00 or more and allows the government to revoke or limit previously issued passports to such individuals.

Driver’s License Suspension: A valid, active Arizona license may be suspended if a parent willfully fails to pay child support for six months or more. This means the parent cannot be issued a new license or renew an existing license until the past due child support is paid in full or a satisfactory payment agreement has been reached.

Suspension of Professional or Occupational License: A parent can also have his or her professional license or occupational license revoked or suspended if the parent deliberately has not paid child support for over six months.

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A Court in Arizona has just granted you spousal maintenance and child support in your divorce case. How can you ensure that that your children will continue to be provided for in the event that your spouse dies before those obligations are fulfilled? One option is to require your spouse to obtain or maintain a term life insurance policy in an amount sufficient to fully cover the total financial obligation in the event of a death.

In Arizona, an ex-spouse is automatically removed as a beneficiary of a life insurance policy. As a result, if your spouse has a life insurance policy, your spouse must complete an official change of beneficiary designation form from his or her life insurance carrier and will need to designate you as beneficiary after the divorce becomes final. You should also be added to the policy as a party to be notified if the premiums are unpaid.

Finally, it is a good idea for you to become the owner of the policy in order to prevent your spouse from changing the beneficiary on his or her life insurance policy.

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Military members typically receive many benefits for their service to our country. These benefits may be counted as income when calculating child support in Arizona. For instance, a military member may receive money for a housing allowance or the military member may receive free housing rather than a housing allowance.

In the Arizona Court of Appeals case of Patterson v. Patterson, the Court ruled that the value of military-provided on-base housing might be included in a parent’s income for child support calculations, based on the court’s determination as to whether the value of that benefit is significant and reduces the parent’s living expenses.

The court’s opinion relied on the language in the Arizona Child Support Guidelines which states that “income from any source” is includable as gross income. These guidelines also require the cash value of “other non-cash benefits” be counted as gross income if they are significant and reduce personal living expenses.

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Published on:

Military members typically receive many benefits for their service to our country. These benefits may be counted as income when calculating child support in Arizona. For instance, a military member may receive money for a housing allowance or the military member may receive free housing rather than a housing allowance.

In the Arizona Court of Appeals case of Patterson v. Patterson, the Court ruled that the value of military-provided on-base housing might be included in a parent’s income for child support calculations, based on the court’s determination as to whether the value of that benefit is significant and reduces the parent’s living expenses.

The court’s opinion relied on the language in the Arizona Child Support Guidelines which states that “income from any source” is includable as gross income. These guidelines also require the cash value of “other non-cash benefits” be counted as gross income if they are significant and reduce personal living expenses.

Continue reading