How can I appeal a child support order decision? 2 years old and 9 years old AZ, I have missed an hearing and the court

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Customer: How can I appeal a child support order decision?
JA: How old is the child? What state do they live in?
Customer: 2 years old and 9 years old AZ
JA: Is there an agreement for payment of child support?
Customer: I have missed an hearing and the court went ahead and ordered me to pay 12 k in back payments and $800 monthly
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not at this point
Answered by AttorneyA in 5 mins 7 months ago
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AttorneyA
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AttorneyA, Expert

Hello, my name is***** for coming to JustAnswer. I am the licensed attorney that will be assisting you. I understand how important it is for you to get the help that you need. I hope to provide you assistance today. Please note that I am always helping a number of customers at the same time so I may not be able to respond right away but I will contact you shortly.

  • Please keep in mind that this communication does not create an attorney-client relationship. The information in this post is for general informational purposes only, is not intended to serve as legal advice, and should not be interpreted as full-service counsel from a qualified, licensed attorney in your jurisdiction. Additionally, JustAnswer Attorneys cannot represent you in any legal matter.

When was the ordered issued, typically you can file an appeal of any order within a certain amount of time. 

Customer
Just got the order in today by mail it was last week the mail just made it
Customer
The hearing was over the phone where do I go in order to process the appeal request?
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AttorneyA, Expert

I see that you are in Arizona. They have information online for you to request a modification of the child support if you think it is incorrect. Here is the website with the forms https://www.azcourts.gov/selfservicecenter/Child-Support-Family-Law/Family-Law-Forms/Child-Support-Modification-Forms
Customer
Ok is there anything you can suggest me regarding the request ? One element I can is that the petitioner did inform the court at the first hearing that I was already providing her with a substantial financial assistance monthly and the petitioner agreed not to pursue with the child support request how can we go about it given this situation?
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AttorneyA, Expert

Well a person can change their mind on that especially if you are making more money that allows for more child support. Even though a person says they will not pursue it, and then does will not change a Judges mind in that regard. If the amount is more than your income allows then you have argument there but if it is just because you do not want to pay that much then you may have a difficult time. Child support is based on calculations given whatever the state law allows.

Customer
Can I request a full custody of my child the petitioner as an criminal record for dv and I'm a victim of her
Customer
Also can I provide the judge with exhibit proving that I have always been supportive financially?
Customer
Hi
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AttorneyA, Expert

Why did you not attend the hearing? You will have to show why it would not be in the best interest of the child not to be with the mother. Many people have criminal records and still able to maintain custody of their child so just because a person has a record does not make them an unfit parent

I am not sure what you mean prove to the Judge. It is good that you were supporting your child but that does not take away from what the guidelines are in terms of what the amount of child support should be based on your income. The Judge is not going to remove an amount that is calculated correctly just because you had been paying child support before unofficially. It is the right thing to pay child support but it is always best to have child support by court order.

Customer
I missed the 2nd hearing cuz they changed the hours tje judge was busy at the first hearing and had to postponed it for the 2/15 at 10:00am come to find out they changed it to 9:00am I work night 12 hours 6:00am-6:00pm i go ton at ten. So there is just nothing for me to squeeze out of the judge the amount asked for me to pay monthly is not reasonable $12k in back payments knowing that I been supportive since the beginning for my 2 boys and $845 + $8 court fees + another $25 for the back pay the only reasons my Income got higher is because I been working longer hours during the pandemic I can't sustain these 60 hours weeks like that for years my job is very physical
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AttorneyA, Expert

If you plan to go back to normal hours then you can argue you will not be making the same amount of money. You will want to be specific on when that additional money will stop. If you continue to make that amount then I think it would be hard to convince a Judge that you cannot pay what was ordered but again if your hours change and you start making less then you can show what your amount has been reduced to for normal work hours. If you are still working those 60 hours when you ask for a modification again I do not know how a Judge will take that if you are still making the same money because there is no reduction in the amount. So to say you cant do the hours and continue doing them doesnt really help the argument to me.

Customer
Well im.going back to school and currently in the process of registering
Customer
I'm not cgonna be pulling up these numbers I'm an essential worker the pandemic got us to work more hours and we were getting paid more given the risks taken this is my arguments other then im.making $17 an hour I'm just 2 points above minimum wage
Customer
Look Attorney A . Seems that you don't have much for me to work with on this case I'm gonna say this and just leave it like that. I have always thought that the meaning and principalities of the child support was about irresponsible father not facing their financial responsibilities for their kids. This is not my case I have been present for my boys since they were born been paying for everything been providing for their mother paying for her utilities her car payments you name it! I can provide proof of it, I mean she is not currently working and I'm the one who has been providing for all this time ! My first Boi 9! And in spite of all that I still don't have nothing to work with ! This system is just not even considering hard working man and responsible father like me that's doing everything to do the right thing and blindly favor the mothers it's just egregious.
Thanks for your time though .
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AttorneyA, Expert

It is very admirable of you to pay for everything for her and your children as well. Child support is for the children and for their well being. There is no requirement that you do things for the mother but it is great that you do. If you are giving her extra in addition to the child support then you may want to think about that. You are obligated under the order to pay the child support amount that was ordered but not give her additional money for her bills so that is something you have to decide if you want to continue to do. The money for child support factors in their housing, clothes, food etc. If you stop giving her the extras in terms of paying all her bills and she cannot maintain a household etc then that gives you leverage because if she is not working and not doing her share then you have argument there that it is not in their best interest to stay in her custody if she is doing nothing to provide for them other than living off the child support and the extra money that you give her. Again you were ordered to pay child support not every thing else for her to maintain her lifestyle. I would think she would take some responsibility and work if she is an able bodied person.

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AttorneyA, Expert

I hope everything works out for you as you decide how you want to proceed. If you want to try and file for full custody, you can consult a local Attorney who knows the tendencies of the Judges in your area on what you need to show to do that.

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