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More FAQs About Arizona Family Law
What Are The Grounds for Divorce or Dissolution of Marriage in Arizona?
If you have a non-covenant marriage, you must show the court that your marriage is “irretrievably broken” and cannot be fixed -- also known as a “no-fault” divorce.
If you have a covenant marriage, both spouses must agree to dissolve the marriage. If the spouses do not agree, the court will decide the grounds for divorce -- the choices being that one spouse:
- Committed adultery
- Committed a felony with a serious sentence
- Abandoned the matrimonial domicile for 1 year and refused to return
- Physically or sexually abused the other, a child, or another relative or committed domestic violence
- Habitually abused alcohol or drugs
If You Give Up Your Parental Rights Do You Pay Child Support?
If your parental rights are terminated, then a parent may be relieved of the duty to pay child support. However, the court will not terminate a person’s parental right simply because they do not want to pay it. Learn more in our blog “Can You Give Up Custody to Avoid Paying Child Support?”.
What Happens if You Don’t Pay Child Support?
Not paying child support is considered a violation of the support order. Failing to pay means that may face civil or criminal penalties, such as paying fines and even jail time. If the owing parent is at least 30 days behind in payments, then the custodial parent, their family law attorney, or the Arizona Department of Child Support Services (DCSS) may ask a judge to find the owing parent in contempt.
When Does Child Support End in Arizona?
An obligation to pay for child support expires on the last day of the month when the child turns 18 unless the child is still in high school. If the child is still in high school when they turn 18, then the parent must pay until they graduate from high school or if they turn 19 years old.
How is Child Custody Determined in Arizona?
Also known as legal decision-making, child custody is determined by many factors. Several of them are:
- The past, present, and potential future between the child and each parent
- How the child will adjust to their new home environment, school, and community
- Which parent is most likely to encourage a relationship with the other parent
For more on child custody in Arizona, visit our Custody Page.
What is Parenting Time?
Parenting time is what is also known as “visitation” -- this is how much time the child will spend with each parent. Parenting time is typically outlined in a parenting plan and must be approved by the court, though it may also be modified at a later time if necessary.
How Do I Comply With Arizona Child Relocation Laws?
To comply, notify the other parent with a written notice of intent to relocate with your child at least 45 days before doing so. The notice must be served to the other parent via certified mail or through a private process server.
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