FAMILY LAW

If you have an active family law case, it may be impacted by certain restrictions imposed by Arizona’s courts. In March 2020, the Arizona Supreme Court issued Administrative Orders 2020-48 and 2020-51 in response to COVID-19, allowing Arizona’s courts to change their operations to respond to COVID-19. Not all courts have implemented the same changes to operations.

If you had a family law hearing or evaluation scheduled, filing or document requirements due, or were required to complete parenting classes, it is important to contact the court where your case was filed to know what schedules or deadlines might have changed. To find contact information for every court in Arizona visit: https://azcourthelp.org/home/find-my-court

Currently, most courts are closed to in-person hearings. That means that these courts will likely conduct family law hearings by telephone or video conferencing. If given the option, it is strongly recommended to participate in video conferencing instead of phone calls for family law hearings unless you or the court do not have the technology available.

A continuance is a motion that you file that asks the court to move your hearing to a later date. With the current situation and high number of cases at the courts, you may wish to ask for a continuance. Requesting a continuance may have an impact on your case. You may want to consult an attorney about the pros and cons of asking for a continuance.

Yes. It is recommended that you contact your court to see how filings are being accepted at this time. Here are some current filing methods that may or may not be used by your court:

• Placing documents in an external drop box
• Emailing documents
• E-filing
• Filing with the Clerk

Payment needs to be given at the time of filing, unless you have a fee deferral or waiver in effect. Contact your court directly on how much the payment will be, how payment should be made, and to whom payment should be made

Yes. It is recommended that you contact your court to see how filings are being accepted at this time. Here are some current filing methods that may or may not be used by your court:

• Placing documents in an external drop box
• Emailing documents
• E-filing
• Filing with the Clerk

Payment needs to be given at the time of filing, unless you have a fee deferral or waiver in effect. Contact your court directly on how much the payment will be, how payment should be made, and to whom payment should be made

Parents must comply with any existing parenting time order unless they agree otherwise, or until the orders are modified.

Legally, your current parenting plan is still in effect and has not changed because of COVID-19.  Right now, many parents want to know if they need to continue to follow their parenting plan if they are worried the other parent is taking an irresponsible attitude toward the COVID-19 potential exposure threat.

Understand that a parent who refuses, without good cause, to comply with a parenting time order is subject to legal penalties, which may include being held in contempt of court, fines, and sanctions.

• A parent currently exercising parenting time/physical custody who is not entitled to it under the court-ordered parenting schedule must immediately return the children to the permitted parent.
• The Court reminds parents that “[a]n order for sole legal decision-making does not allow the parent designated as sole legal decision-maker to alter unilaterally a court-ordered parenting time plan.” A.R.S. §25-403.01(C).
  • The same applies to a parent who has final decision-making authority under a legal decision-making order.

Parents must comply with any existing parenting time orders unless they agree otherwise, or until the orders are modified. 

If both parents cannot agree on a modified parenting time plan and one of you believes an adjustment is necessary, you may consider filing a request for temporary modification with the Court under Rule 48, ARFLP.

For anyone exposed to COVID-19, the Centers for Disease Control and Prevention recommends a quarantine at home for 14 days and to follow all instructions of that person’s regular doctor or pediatrician. 

Parents should consider developing a modified parenting plan in case someone:

• Tests positive for COVID-19 or shares a household with someone who tests positive for COVID-19;
• Has been directed by government officials to self-quarantine; or
• Has traveled internationally within the last 14 days, consistent with the CDC’s Global COVID-19 Pandemic Notice.

If parenting time is temporarily suspended, the parent affected should be allowed liberal virtual contact with the children via videoconference or telephone.

It is possible to request from the court that suspended parenting time be made up.

The COVID-19 pandemic is not generally a reason to deny parenting time.

• Unless otherwise ordered by the Court, parents are considered fit to care for their children and make decisions regarding day-to-day aspects of parenting while children are in their care.
  • This day-to-day care includes following federal, state, and local directives regarding social distancing and safety-related measures (such as frequent handwashing).

Contempt is a finding by the court of non-compliance with a court order.  Whether a judge would hold you in contempt under COVID-19 related circumstances depends on your judge, the history of your case, and the facts surrounding your refusal to exchange your child.

While schools are closed, parenting time should continue as if the children are still attending school under the school calendar of the relevant district. The closure of the school for public health purposes will not be considered an extension of any break/holiday/vacation period or weekend.

Currently, there are restrictions in place on public places where people regularly touch common-contact surfaces, like playgrounds and parks. (Arizona Executive Order 2020-18).  Outings and activities where parents and children can maintain social distancing and avoid common-contact surfaces are encouraged.

If that is not possible, parenting time should be conducted virtually, via videoconferencing or telephone.

If supervised parenting time is ordered and the supervisor is unavailable for any reason, parents should work together to ensure parenting time continues.  One solution is to try to find an alternative supervisor.

If that is not possible, parenting time should be conducted virtually via videoconferencing or by telephone.  The primary residential parent may supervise virtual contact.

Yes. As of April 1, 2020, there are no executive orders that limit travel for parenting time exchanges. Parenting time exchanges are seen as an essential for the best interest and well-being of children, making it an activity where travel is permitted (Executive Order 2020-18).  No one is required to provide documentation to support their essential activities.

In the future, if a government order is issued that specifically restricts travel for parenting time and exchanges, parents must comply with that order. Parents should work together to encourage children’s contact with both parents and keep the arrangements as normal as possible.

If the parenting plan includes long distance or air travel, parents should review the CDC travel guidelines and discuss whether ground transportation for the exchange is preferable or possible. If the long-distance parenting time is to take place at a location that is heavily impacted by COVID-19, the parents are encouraged to discuss alternative locations or times. If the parents cannot agree, the parties shall seek direction from the court.

If parenting time is missed due to COVID-19 related issues or government orders, parents are encouraged to work together to schedule makeup parenting time. Makeup parenting time may not be logistically possible during the COVID-19 pandemic. If an agreement cannot be reached a parent may seek makeup parenting time with the Court.

Third-party visitation orders, including grandparent visitation, remain in effect unless modified by the court. All parties are encouraged to try to work out a visitation schedule or plan on their own before seeking court intervention.

• You may qualify for a modification of child support or spousal maintenance payments. A modification order does not go into effect until the filing takes place and the other parent is notified. So, it is important that you file a petition to reduce your support obligation as soon as possible. File a Request to Modify Child Support with the Superior Court that initially handled your order (If your county is not listed contact the Court Clerk)
  
  • Cochise County Superior Court
  • Coconino County Superior Court
  • Gila County Superior Court
  • Graham County Superior Court
  • Maricopa County Superior Court
  • Mohave County Superior Court
  • Pima County Superior Court
  • Pinal County Superior Court
  • Yavapai County Superior Court
• If you have lost your job, you can apply for unemployment insurance benefits at – http://www.azui.com
• Contact the Courts or Department of Child Support Services to notify them of changes that may impact child support cases – https://des.az.gov/dcss

For instance, if your normal unemployment amount is $400 and you also receive the $600 emergency unemployment benefit, DES would deduct up to $500 from your unemployment check.

Maybe.  There are several factors as to whether someone is entitled to a child support modification:

• The amount owed is determined by the income of BOTH parents. The Arizona Child Support Guidelines require you to include any unemployment benefits or any other source of income.  The parent who lost income because of unemployment should obtain a determination of benefits from DES, since the court will need this information.
• Childcare expenses also impact the amount of child support owed. If a parent no longer needs childcare due to unemployment, this will change the amount of support owed.
• Medical expenses also impact child support. If the parent who was holding the insurance policy for the child(ren) has lost medical insurance, let the other parent know immediately.  Visit Health-e-Arizona Plus for medical coverage assistance or call 855-432-7587

You will need to know what your current order is and access Arizona’s Child Support Calculator.

• Enter all the information you can and make sure it is correct
• Once you enter all the information, take the total you received and determine if it varies 15% from your current order.
• If the child has lost medical insurance coverage because of job loss, you may file a motion for a temporary modification.

If the amount you entered did not differ by more than 15% and you did not lose health insurance benefits for your child(ren), you are not eligible to apply for a modification.

You must file the temporary modification order with the courthouse that issued your child support order.  If your child support case is being enforced by the Department of Child Support Services, you also must inform the Arizona Attorney General Office.

Modifications can only be effective the first day of the month after you file the motion and give notice to the other parent.  You cannot ask the court for a modification for an earlier date; the filing and notice have to take place first.

The court sets the time period that the temporary modification of child support lasts.  It can be cancelled at any time by the court.  Once one or both parents return to normal earnings and the need for the order ends, the court must be notified.

If you need assistance, you may contact the Division of Child Support Services at:

www.des.az.gov/dcss

• You may qualify for a modification of child support or spousal maintenance payments. A modification order does not go into effect until the filing takes place and the other parent is notified. So, it is important that you file a petition to reduce your support obligation as soon as possible.File a Request to Modify Child Support with the Superior Court that initially handled your order (If your county is not listed contact the Court Clerk)
  • Cochise County Superior Court
  • Coconino County Superior Court
  • Gila County Superior Court
  • Graham County Superior Court
  • Maricopa County Superior Court
  • Mohave County Superior Court
  • Pima County Superior Court
  • Pinal County Superior Court
  • Yavapai County Superior Court
• If you have a IV-D child support order contact DCSS Customer Service
  • 1-800-882-4151 Monday to Friday 7:00am-5:30pm
• Visit Health-e-Arizona Plus for medical coverage assistance or call 855-432-7587

The income withholding order remains in place, and your employer is obligated to withhold child support per the order unless it is modified by the court.  Any shortage that was not able to be collected by your employer will be considered arrears.

• You may qualify for a modification of child support or spousal maintenance payments. A modification order does not go into effect until the filing takes place and the other parent is notified. So, it is important that you file a petition to reduce your support obligation as soon as possible. File a Request to Modify Child Support with the Superior Court that initially handled your order (If your county is not listed contact the Court Clerk)
  • Cochise County Superior Court
  • Coconino County Superior Court
  • Gila County Superior Court
  • Graham County Superior Court
  • Maricopa County Superior Court
  • Mohave County Superior Court
  • Pima County Superior Court
  • Pinal County Superior Court
  • Yavapai County Superior Court

• If you have a IV-D child support order contact DCSS Customer Service to inform them of your plan to modify your order 1-800-882-4151 Monday to Friday 7:00am-5:30pm

Yes. The Department of Child Support Services have procedures to collect past-due child support from federal tax returns and stimulus payments.  The CARES Act did not exempt stimulus payments to be free from paying child support arrears. 

If your tax refunds aren’t currently being applied towards your owed child support, your stimulus payment may or may not intercepted.

Yes.  If your payment is applied to your child support the federal government should send a notice letting you know that it was intercepted.  The notice will give you instuctions on contacting the Department of Child Support Services if you believe that this was done in error.

If you file taxes jointly the payment will likely be intercepted, but you may file an Injured Spouse Claim and Allocation with the IRS to possibly separate out the debt.

Maybe.  Federal law decides how the money received by the Department of Child Support Services is distributed.  The amount of money you would receive depends on:

• The amount of money that was intercepted
• The amount owed in your case
• The number of other child support cases that are owed money

For additional questions visit, www.des.az.gov/dcss

Yes.  The compensation is viewed as income to the employee, and the income withholding order requires the company to withhold the appropriate amount of income for child support.  Arizona law requires that a company may only withhold up to 50% of the employee’s net disposable earnings each month.

Yes.  Until modified based on the reduced hours, the income withholding order is still valid subject only to the requirement that the company may only withhold up to 50% of the employee’s net disposable earnings each month.

Yes.  All court-ordered withholding orders remain in effect.  Except when an IRS tax lien was served before the date the child support order was entered, federal and state laws require child support withholding to take priority over all other income attachments.  You must withhold the required amount if the amount does not exceed 50% of the employee’s net disposable earnings.  An Order/Notice for child support has priority against any attachment, execution, or other assignment.

Yes.  Temporary modification of child support may be necessary, and the employee can get information regarding how to modify child support from the superior court where the order was established.

If their county is not listed contact the Court Clerk:

• Cochise County Superior Court
• Coconino County Superior Court
• Gila County Superior Court
• Graham County Superior Court
• Maricopa County Superior Court
• Mohave County Superior Court
• Pima County Superior Court
• Pinal County Superior Court
• Yavapai County Superior Court