questions & answers

Question: If my wife and I filed our divorce papers but we havent had our first court date, do I have to pay child support? We have our own agreements that were filed with our papers but nothing is court ordered yet. Our early resolution court date has beem pushed back to june.

Answer: Whether there is a court order currently in place or not, you have a duty to support your children under the law.  A.R.S. Section 25-501. Parents are still are obligated to provide support in this period of delay. A parent's safest option may be to abide by the informal agreements if court support has not been ordered. A parent who pays support outside the court system should pay by check or other verifiable means. Otherwise the spouse receiving payment may claim you agreed to temporary support but refused to pay. A parent who does not pay support may create a negative impact on the court.  Many court hearings are being delayed because of the COVID-19 crisis.  Judges are currently hearing only emergency measures in family court.  The courts will not look kindly on those who use delays caused by the pandemic to benefit themselves at the expense of their children.