Can My Spouse Fight for Custody If I Ask for Child Support in Phoenix, Arizona

CAN MY SPOUSE FIGHT FOR CUSTODY IF I ASK FOR CHILD SUPPORT

IN PHOENIX, ARIZONA?

“A Phoenix divorce lawyer can provide assistance to clients

in pursuing a claim for child support while also protecting

their right to custody of their children.”

http://www.singerpistiner.com/


Can My Spouse Fight for Custody If I Ask for Child Support in Arizona? www.singerpistiner.com 2

You should receive financial help from your ex if you are taking care of your

children alone. If the other parent is not paying to contribute to the care of shared

children, you can petition the court to request child support.

In some cases, a parent will try to convince you not to ask for the support you are

owed by threatening to ask for custody if you assert your legal rights. While this

can be a frightening threat to confront, you should not be frightened or deterred

from getting the financial assistance you need to care for your kids. A Phoenix

divorce lawyer can provide assistance to clients in pursuing a claim for child

support while also protecting their right to custody of their children.


CAN YOUR SPOUSE FIGHT FOR CUSTODY IF YOU REQUEST

CHILD SUPPORT

If you do not already have a child custody order in place, your spouse can

petition the court in order to ask for custody at any time. You and your spouse

could attend mediation to create a parenting plan and divide up visiting time. If

you cannot agree, the court will consider what is in the best interests of the child

when it divides custody.

If your spouse is solely or primarily motivated by a desire to avoid child support,

this is an important factor when a request for custody is made. The court will

consider who has cared for the child over the course of the child’s life and who

can provide a more stable and emotionally-supportive home.


If your spouse hasn’t been involved in caring for the kids and you have been the

primary caregiver, you can show the court that your spouse is only becoming

involved to avoid his or her financial obligations. The court should recognize the

your spouse is not acting

with the needs of the child

in mind and likely will not

award custody to the other

parent.

The court could potentially

require visitation, since it is

usually best to maintain a

relationship with both

parents. However, this

could happen any time regardless of what your spouse’s motivations are for

requesting time with the kids. You should not let the threat of this outcome

prevent you from asking for support. If you believe visiting with the other parent is

bad for your child, then your attorney can help you to make a compelling

argument about why this is not the appropriate outcome.

If there is a custody arrangement already in place, then your spouse’s threat to

ask for custody if ordered to pay child support is likely a threat your spouse is not

going to be able to fulfill. The court is not going to want to revisit a custody

arrangement that passed two years ago or less because this does not provide

sufficient stability for the kids. Even if a longer period of time has passed since

the initial custody order was put into effect, the court is not just going to move the

children into your spouse’s custody.


Your spouse who seeks a modification of a custody order would need to argue

that there has been a material change in circumstance such that the current

custodial arrangement needs to be modified. The desire to avoid an obligation to

support children is not going to be the type of material change in circumstances

that is going to convince a

family court judge to

change who a child lives

with.

The bottom line is, there

are very strict rules

requiring every parent to

pay child support to his or

her kids. Your child

deserves to receive

support from both parents

so that your kids can afford to take advantage of all of the opportunities that may

be available to them over the course of their lives. Support is determine based on

the income of each spouse, the time your kids spend with each parent, the

special needs of your child, and other factors specific to your situation. The

amount of support offered could make a big difference in the financial stability of

your household.

A Phoenix divorce attorney can help you to understand the laws related to

custody and support and can help you to make a compelling argument to the

court about why you deserve to have your kids living with you and also to receive

the support you are entitled to by law. Call today to get help from an attorney to

protect your children’s rights.


About Singer Pistiner, P.C. In the midst of a family crisis, you may feel like you have nowhere to turn. But there is a solution. At Singer Pistiner, P.C., we will help you to find it. As a small firm, we are able to respond quickly to your needs and concerns. The efficiencies of being a small firm also enable us to provide high-quality legal services at affordable rates.

At Singer Pistiner, P.C., in Phoenix, Arizona, we know that divorce is an emotionally and financially taxing experience. That’s why we provide you with a simple, quick and personalized approach to family law services where you will deal with one attorney who will handle your case from start to finish.

Your Personal Attorneys

Throughout the legal process, our lawyers will keep you informed of important developments. We will return your phone calls, answer your questions and address any additional issues that may arise in the course of your case.

We will devote all of the time and effort needed to achieve the best possible outcome. Our law firm can take your case to family court, which is a part of the Superior Court of Arizona, or handle it through another avenue of resolution, such as mediation. In addition to divorce, our lawyers handle paternity, prenuptial agreements,grandparents’ rights, orders of protection, child relocation, and modification and enforcement issues.

In any family law case, your best interests are our overriding concern. Our goal is to find the right solution for you — in an efficient, timely and affordable manner.

OUR FAMILY LAW ATTORNEYS PROUDLY SERVE PHOENIX, GLENDALE, SURPRISE, SCOTTSDALE, TEMPE, CHANDLER AND MESA

If you’d like to know more about how our Phoenix family law firm handles divorce and other family issues, please feel free to call 602-264-0110 or send us an e-mail to schedule a free initial consultation.

Singer Pistiner, P.C. 15849 N. 71st St., Suite 100 Scottsdale AZ 85254 Phone: 602-264-0110 Fax: 602-264-0440 Website: www.singerpistiner.com


Can My Spouse Fight for Custody If I Ask for Child Support in Phoenix, Arizona

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