Modification of Court-Ordered Child Support

Divorce courts in the US generally has the final say in issues regarding the terms of the divorce decree, and are usually embodied in binding court orders. However, there are circumstances when there is a need for modification of court orders such as when major changes impact on a person’s ability to comply with those orders. One of these is when a supporting parent is no longer able to provide the amount of court-ordered child support. Child support is one of the more sensitive issues in divorce, and failure to pay child support is carries severe sanctions in the US.

Each county in Arizona has its own child support modification process, mainly differentiated by the type of forms used and the order in which they are given. A petitioner in Maricopa County, for instance, is required to file a Petition to Modify Child Support with the Superior Court. The court then issues an Order to Appear for a conference before a judicial officer at the Family Court Conference Center. If there are no challenges to the petition, the officer will then issue and sign a document recording of the stipulation regarding the modification. At this point, the concerned parties can then leave. However, if there is a dispute, an evidentiary hearing will be held at which time the officer will issue a decision regarding the petition based on the facts brought before him or her.

A lawyer, such as one of the divorce attorneys of Marshall & Taylor PLLC, would be an important person during the evidentiary hearing because it is then that any legal barriers to the modification can be brought up or broken down, depending on the desires of the client. Without experienced legal representation, it will be very hard to identify, provide and present evidence to present before the judicial officer which will bring about the desired outcome.

If you are involved in a petition for modification of court-ordered child support, it is important that you know what the legal ramifications will be. Consult with a lawyer in your appropriate county about your case to ensure that your rights are protected throughout the entire process.

How a DUII Conviction can affect Child Custody

The rule of thumb in child custody decisions in the U.S. is the best interest of the child. When both parents are equally capable of providing for the child, the judge’s ruling is often based on details that would make one parent just a little more desirable as the custodial parent over the other.

Historically, the custody of very young children is awarded to the primary caregiver, usually the mother, unless there are circumstances that bring into question the fitness of the parent to serve the best interests of the child. One such circumstance that could tip the balance in child custody cases is a conviction of Driving under the Influence or DUI.

In Texas, and indeed in most other states, a DUI is a criminal offense. It is a misdemeanor if there are less than three offenses on record, and a felony if there are three or more DUI incidents. A conviction carries stiff penalties, including jail time, suspension or revocation of the driver’s license, and heavy fines. If anyone you know has been charged with driving under the influence, speak to DUI lawyer Ian Inglis from Austin, TX about your case. More importantly, a DUI conviction implies a recklessness and habit of negligence that may weigh heavily against the parent when it comes to child custody and visitation rights.

A DUI conviction does not necessarily mean that the parent should no longer have an active role in his or her child’s life. According to the website of the BB Law Group PLLC, children generally benefit from the involvement of both parents in their lives after a divorce. However, a criminal record is definitely on the negative side of the slate in child custody decisions. A parent faced with the possibility of a DUII conviction should make every effort to avoid it by engaging the services of an experienced DUII defense lawyer. This can make all the difference when it comes to fighting for one’s rights of child custody and visitation.