Terms you may want to know
- Child Support
Child support is paid by the non-custodial parent to help pay for items necessary to the child’s health and welfare. The Court generally orders the amount of child support based upon the Arizona Child Support Guidelines. The Arizona Child Support Guidelines can be found at http://www.azcourts.gov/Portals/31/Child%20Support/2015CSGuidelinesRED.pdf Some of the factors the Court uses in determining the amount of child support to be paid are: number and ages of children; how much each parent earns; the time each parent has with the children according to a parenting plan; and whether the parents support other children.
- Consent Decree / Stipulated Order Of Paternity
If both parties agree on all issues in their divorce case, parties can submit a Consent Decree. If it is a paternity case (proof of who has fathered a child), and both parties agree on all issues, the parties can submit a Stipulated Order of Paternity. Once the Court approves these documents, your case is basically over.
- Legal Decision Making
Refers to non-emergency decisions regarding a child’s education, healthcare, religion and personal care. Joint legal decision making is when both parents agree on decisions. In joint decision making, one parent may be designated as the “final decision maker.” Sole legal decision making is when only one parent makes all of the legal decisions for the child.
- Parenting Time
The time a parents spends with his or her child may be determined by a schedule that provides for specific days and times. Once a parenting time schedule is in place, each parent is expected to adhere to it and respect the other parent’s time with the child. During a parent’s scheduled parenting time, that parent is fully responsible for the child’s food, clothing, shelter, and routine decisions respecting the child’s welfare. If, during a divorce, parents cannot agree upon parenting time, the Court will enter an order after considering both parents’ proposed schedules.
A written answer to the paperwork that has been filed. If you are filing a response, you are called the “respondent.” There are Court-ordered timelines for various forms of responses. If a respondent misses a deadline, the Court may place that respondent into “default,” and enter an order in favor of the other party.
Giving legally required notice to the other party that you have filed documents with the Court. Service must be given in accordance with Arizona law and proof of delivery must be provided to the Court.
- Temporary Orders
You may wish to obtain a temporary order from the Court, allowing you some form of relief for a short period of time (instead of permanent relief). You may seek this type of relief by filing a motion, which must prove to the Court that there is good reason for the temporary order. For example, if a child is in some type of danger, a temporary order to protect that child may be filed, and the Court generally will consider this type of relief right away, and enter a permanent order later, after a hearing.