Legal Question in Family Law in Arizona

I have a question about a child support scenario.

Facts:

1. In custody hearing court grants Parent A Full Custody of two children.

2. Judge gives visitation to Parent B to be arranged by the two parents.

3. Judgment states NO CHILD SUPPORT ORDERED

4. Judge states if Parent A would like child support from Parent B: Parent A must file a separate action.

5. Parent B is in constant contact with the children and Parent A as well as his parents.

6. Parent A NEVER FILES FOR COURT ORDERED Child Support, or even requests it of Parent B. During this time Parent B is not denied visitation of the two children.

7. Parent A files for & collects on help from Arizona Social Services by way of Food Stamps, monetary assistance, etc. and states that Parent B cannot be found & refuses to pay child support even though it has not been requested or ordered as was ordered by the judge. �Dead Beat Parent�

8. 6 years go by and the State of AZ now sues Parent B for back child support & orders garnishment of � of a part-time paycheck.

Since Parent A was officially given the responsibility to seek out child support, did not & then lied to the state so he could collect on as much funding as he could; in addition to lying that he was living with his parents who paid for everything for them the majority of this time & he paid them no rent or subsidies while he was in and out of jail and rehab and sometimes working and not reporting his earnings to welfare� should Parent A truly be responsible for paying the state back? Did he file false claims & now Parent B is responsible for paying the state back what they paid Parent A?

Parent A was unable to find steady work if any during this time & could not have possibly paid on a regular basis, although she did send Parent A money when she did not need it to live on and has assisted by purchasing items the children have needed or desired. For the majority of this time Parent A was in effect homeless, with health issues & with no income.

Now State of AZ had ordered over 10k in back child support to be paid and has been ordered to pay a payment based on a 40 hour work week when she has only been able to find work that will giver 20 hours tops if that. She has been earnestly & actively seeking additional employment for over a year, but due to the lack of reliable transportation and virtually no work history has not been able to secure a full-time or even another part- time job.

Can the court legally order a person to live on $150 per month income?

Parent B is my sister, who is a recovered drug addict. Parent A is also a recovered drug addict. The reason he won & now my sister is put in this position is that his family could afford to pay for a good lawyer during the custody battle. At the time, my family afforded a lawyer who did & said almost nothing in court.

Her children need her to stay sober & in a home where they can visit her. $150.00 per month is not even going to pay for food. My sister is a GOOD PERSON & her children love & need her beyond words. Please help us if you can.

Best Regards & God Bless You For Caring

1 Answer from Attorneys

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