US Legal Forms
Legal Resources
Questions & Answers
Divorce
Will I still have to pay child support with joint custody?

Will I still have to pay child support with joint custody?

Full question:

I received a letter from the court to have a modification. I will be paying a lot more than what I'm paying right now. I want to know if I get joint custody will I still have to pay any child support. Right now I have my kids only on weekends, but I heard that if I have them for half of the time I won't have to pay any child support.

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Arizona

Answer:

There are two types of custody: legal and physical. Joint custody means both parents share custody, which can be either legal or physical. Physical custody determines where the child lives, while legal custody involves decision-making for the child's welfare. Joint custody does not automatically eliminate child support obligations. Even if you have joint custody, you may still be required to pay child support, depending on your financial situation and the specifics of your custody arrangement.

In Arizona, courts determine custody based on the best interests of the child, considering factors such as the child's adjustment to home and school, the parents' mental and physical health, and the child's relationship with both parents (A.R.S. § 25-403). Joint custody may be awarded if both parents agree and submit a parenting plan that serves the child's best interests.

When calculating child support, Arizona courts follow established guidelines that take into account both parents' incomes, the number of children, and the needs of the child (A.R.S. § 25-320). Even with joint custody, both parents remain responsible for supporting the child financially. If circumstances change, either parent can petition the court for a modification of the custody or support order.

Remember, child support and visitation are separate obligations. If visitation is denied, the non-custodial parent must still pay child support. If you have further questions about your situation, consider consulting with a family law attorney.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to win modification of custody?

To win a modification of custody, you must demonstrate a substantial change in circumstances that affects the child's best interests. This could include changes in living conditions, employment, or the child's needs. You should gather evidence to support your case, such as witness statements or documentation. It's also important to show that the proposed changes will benefit the child. Consulting with a family law attorney can help you navigate the process effectively.

What does 'modify' mean in court?

'Modify' in court refers to changing an existing court order, such as custody or support arrangements. This can involve altering the terms of how custody is shared, adjusting child support payments, or changing visitation schedules. Modifications typically require a valid reason, such as a change in circumstances, and must be approved by the court.

What not to say in child support court?

In child support court, avoid making negative comments about the other parent or discussing personal grievances unrelated to child support. Do not exaggerate your financial situation or hide income, as this can harm your credibility. It's important to focus on factual information regarding your income, expenses, and the child's needs.

What happens if I pay extra child support?

If you pay extra child support, it may not automatically reduce your future obligations unless agreed upon by both parents and approved by the court. Any overpayment should be documented, as it could potentially be credited against future payments. However, it's essential to communicate with the other parent and seek legal advice to ensure proper handling of extra payments.

How to win a child support modification case?

To win a child support modification case, present clear evidence showing a significant change in circumstances, such as a job loss or increased expenses. You must also demonstrate how these changes affect your ability to pay. Prepare financial documents and be ready to explain your situation to the court. Consulting with a family law attorney can help strengthen your case.