Child Support, Unemployment Benefits, and the COVID-19 $600 Emergency Unemployment Insurance Benefit

Many people have suffered severe financial distress as a result of the ongoing COVID-19 pandemic. If you are one of those individuals, it is critically important for you to know what financial resources you may have available to you. You may be aware that Arizona has implemented an additional $600 emergency unemployment insurance benefit in an attempt to limit the financial impact of COVID-19 on individual families and the economy as a whole. However, it is also important for you to understand that this benefit is not without limitations.

In general, if you are ordered to pay child support and are a recipient of unemployment benefits, Arizona law provides that the Department of Economic Security (“DES”) shall deduct your child support obligation from the unemployment benefits. Specifically, DES shall withhold up to 50% of your unemployment benefits (A.R.S. § 23-789). The additional $600 benefit is also subject to the same 50% withholding standard. Below are some examples of how the withholding operates.[1]

  • COVID-19 Child Support Issues re Unemployment and Stimulus Money

    If your child support obligation is $250 and your unemployment benefit is $500, DES will withhold the $250 child support obligation because that is 50% of your unemployment benefit. You will receive the remaining $250.

  • If your child support obligation is $200 and your unemployment benefit is $500, DES will withhold the $200 child support obligation because it is less than 50% of your unemployment benefit. You will receive the remaining $300.
  • If your child support obligation is $500 and your unemployment benefit is $500, DES will only withhold $250 for the child support obligation because it may only deduct 50% of the unemployment benefit. You will receive the remaining $250. However, it is important to note that the remaining $250 of the child support obligation is still due and owing – your child support obligation is not satisfied in full simply because DES withheld funds for a partial payment of the child support obligation. In that case, you must manually make the payment of the remaining balance to the Arizona Child Support Clearinghouse (or other method if so ordered).

At Dodge & Vega, PLC, we are monitoring the COVID-19 pandemic and its effects in the field of family law, and we are committed to keeping our clients informed and up-to-date with the most recent guidance available.

If you have any questions about new changes in Arizona Family Law, then contact our office to schedule a free consultation with our firm and know your rights. 480-656-8333.

Written By:

Kevin Whitacre, Dodge & Vega PLC

 

[1] Please note that these numbers have been selected for ease of use to demonstrate the general principle how the withholding is applied. Please also note that child support obligations are generally monthly in nature and that unemployment benefits are generally weekly in nature.

Dodge & Vega PLC founded by Ben Dodge, attorney at law. Ben owns and manages a law firm of Affordable Arizona Bankruptcy, Family Law, and Personal Injury Lawyers. He is a nationally certified trial attorney, entrepreneur, endurance Athlete, and extreme Ultra Cyclist.

Ben Dodge, Esq.

 

 

 

A consultation with experienced Arizona Divorce Attorney Ben Dodge is free

Understanding your rights and what you are entitled too, Ben Dodge is known as a serious litigator. There are two types of attorneys, those that sit behind a desk and push paper and those who actually hit the court room in the real world and get things done. Ben is a litigator who thrives in the court room. He once said: “It is one thing to tell your clients you are a good lawyer, it is an entirely different thing to be willing to prove it to them while they watch you do your work in front of them, in front of a jury watching your every move, in front of a judge, and your peers who are lawyers on the other side if your case. I love the opportunity to go to court and put my money where my mouth is.

Ben Dodge, Trial Lawyer and NITA Advocate

In my experience most lawyers are either afraid of the court room or not good at it and belong behind a desk or both.” -Ben Dodge Ben is one a very few lawyers trained in advance litigation skills through the National Institute of Trial Attorneys (NITA) and has earned the designation as a NITA Advocate.

The negotiation tactics and strategies of winning a case are extremely important, but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your case. It is wise to be represented by someone well versed in the law, civil procedures, local and state ordinances, rules, regulations, policies, and even the court room politics that always play out.

Ben Dodge always offers a complimentary in person consultation to all clients. For those who live out of state or are otherwise busy with work, etc. Ben will do a complimentary phone consultation as well. Typically the consultations are scheduled from 30-60 minutes depending on the severity of the case. You can expect to get answers to questions, clarity, information, and reassurance of your personal, family, or business issues. In your free consultation you can generally expect to discuss such topics as:

  • What your legal issue is really about.
  • Whether or not you have any chance of winning and how to make that possible.
  • Our unique and incredible fee structure making Dodge & Vega lawyers affordable for almost any budget.
  • Your specific case details, any pictures, police reports, or any other evidence you provide for his review.
  • The applicable local, state, and federal laws underlying your case.
  • Your rights, obligations, and any potential liability.
  • The process, procedure (in and out of court), and the time frame required to conclude your case.

You can call Arizona Lawyer Ben Dodge of Dodge & Vega, PLC at 1.480.656.8333. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Someone from our office will personally return your call within 24 hours to schedule an appointment with Mr. Dodge or one o his associate attorneys. There is never an obligation past a complimentary consultation with Mr. Dodge. His passion is in relentless representation and his entire office stands ready to serve with kindness, compassion, and patience. We strive to make a legal experience with our firm one of the most outstanding customer service experiences you will ever have and to do so without you having to go broke! Lawyers can be incredible and affordable. Let us show you how.

Dodge & Vega, PLC

Call Ben Dodge, your incredible Arizona Lawyer today at 1.480.656.8333.

Mr. Dodge can also be reached by email at [email protected]

His main Arizona offices are located at:

Mesa Arizona (home base office)
7227 E. Baseline Rd. STE 109,
Mesa, Arizona 85209

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

Mr. Dodge relentlessly represents clients in the entire state of Arizona including but not limited to Mesa, Phoenix, Tucson, Yuma, Gilbert, Peoria, Glendale, Scottsdale, Ahwatukee, Tempe, Chandler, Prescott, Sedona, Flagstaff, Surprise, Kingman, Page, Lake Havasu City, Payson, Goodyear, Buckeye, Queen Creek, Paradise Valley, Show Low, Winslow, Maricopa, Nogales, Globe, Avondale, Cave Creek, Fountain Hills, Apache Junction, Carefree, Wickenburg, Pinetop-Lakeside, Strawberry, Anthem, Safford, and more. Ben Dodge is an experienced Arizona Personal Injury lawyer, Arizona Family Law lawyer, Arizona Divorce lawyer, Arizona Bankruptcy lawyer, Arizona Child Custody lawyer, Arizona Estate Planning lawyer, and an Arizona Bicycle Accident lawyer. He can cover all areas of family law, personal injury, bankruptcy and estate planning for you.

Bill Pending Before Arizona Legislature Regarding Burden of Proof in Legal Decision-Making and Parenting Time Matters

The current Arizona legislative session began on January 13, 2020. Prior to that date, there were at least 284 bills introduced for the legislators’ consideration, and one of which, House Bill 2153, pertains to the standard of evidence that is applied in family law matters.

The current statute, Arizona Revised Statute § 25-103, provides as follows:

  1. It is declared that the public policy of this state and the general purposes of this title are:
    1. To promote strong families;
    2. To promote strong family values.
  2. It is also the declared public policy of this state and the general purpose of this title that absent evidence to the contrary, it is in a child’s best interest:
    1. To have substantial, frequent, meaningful and continuing parenting time with both parents.
    2. To have both parents participate in decision-making about the child.
  3. A court shall apply the provisions of this title in a manner that is consistent with this section.

House Bill 2153 addresses what standard of evidence or burden of proof should be necessary to support of finding that it is not in a child’s best interest to have substantial, frequent, meaningful, and continuing parenting time with both parents and for both parents participate in decision-making about the child.

Arizona Family Laws of Legal Decision Making

The burden of proof currently applied in family law matters is that of a preponderance of the evidence; plainly put, a preponderance of the evidence generally means proving that something is simply more likely than not (or a 50.1% probability). However, House Bill 2153 will amend the statute to read that clear and convincing evidence is required. Clear and convincing evidence is a higher standard than a preponderance of the evidence. To meet the burden of clear and convincing evidence, it generally must be proven that something must be highly more probable to be true than not (akin to something closer to 75% probability).

The attorneys and staff at Dodge & Vega, PLC are devoted to staying informed of the most up-to-date information that affect family law litigation. As such, we will be monitoring the status of this bill and any other pertinent bills that will introduced later in the legislative session.

If you have any questions about new changes in Arizona Family Law, then contact our office to schedule a free consultation with our firm and know your rights. 480-656-8333.

Written By:

Kevin Whitacre, Dodge & Vega PLC

 

Dodge & Vega PLC founded by Ben Dodge, attorney at law. Ben owns and manages a law firm of Affordable Arizona Bankruptcy, Family Law, and Personal Injury Lawyers. He is a nationally certified trial attorney, entrepreneur, endurance Athlete, and extreme Ultra Cyclist.

Ben Dodge, Esq.

 

 

 

A consultation with experienced Arizona Divorce Attorney Ben Dodge is free

Understanding your rights and what you are entitled too, Ben Dodge is known as a serious litigator. There are two types of attorneys, those that sit behind a desk and push paper and those who actually hit the court room in the real world and get things done. Ben is a litigator who thrives in the court room. He once said: “It is one thing to tell your clients you are a good lawyer, it is an entirely different thing to be willing to prove it to them while they watch you do your work in front of them, in front of a jury watching your every move, in front of a judge, and your peers who are lawyers on the other side if your case. I love the opportunity to go to court and put my money where my mouth is.

Ben Dodge, Trial Lawyer and NITA Advocate

In my experience most lawyers are either afraid of the court room or not good at it and belong behind a desk or both.” -Ben Dodge Ben is one a very few lawyers trained in advance litigation skills through the National Institute of Trial Attorneys (NITA) and has earned the designation as a NITA Advocate.

The negotiation tactics and strategies of winning a case are extremely important, but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your case. It is wise to be represented by someone well versed in the law, civil procedures, local and state ordinances, rules, regulations, policies, and even the court room politics that always play out.

Ben Dodge always offers a complimentary in person consultation to all clients. For those who live out of state or are otherwise busy with work, etc. Ben will do a complimentary phone consultation as well. Typically the consultations are scheduled from 30-60 minutes depending on the severity of the case. You can expect to get answers to questions, clarity, information, and reassurance of your personal, family, or business issues. In your free consultation you can generally expect to discuss such topics as:

  • What your legal issue is really about.
  • Whether or not you have any chance of winning and how to make that possible.
  • Our unique and incredible fee structure making Dodge & Vega lawyers affordable for almost any budget.
  • Your specific case details, any pictures, police reports, or any other evidence you provide for his review.
  • The applicable local, state, and federal laws underlying your case.
  • Your rights, obligations, and any potential liability.
  • The process, procedure (in and out of court), and the time frame required to conclude your case.

You can call Arizona Lawyer Ben Dodge of Dodge & Vega, PLC at 1.480.656.8333. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Someone from our office will personally return your call within 24 hours to schedule an appointment with Mr. Dodge or one o his associate attorneys. There is never an obligation past a complimentary consultation with Mr. Dodge. His passion is in relentless representation and his entire office stands ready to serve with kindness, compassion, and patience. We strive to make a legal experience with our firm one of the most outstanding customer service experiences you will ever have and to do so without you having to go broke! Lawyers can be incredible and affordable. Let us show you how.

Dodge & Vega, PLC

Call Ben Dodge, your incredible Arizona Lawyer today at 1.480.656.8333.

Mr. Dodge can also be reached by email at [email protected]

His main Arizona offices are located at:

Mesa Arizona (home base office)
7227 E. Baseline Rd. STE 109,
Mesa, Arizona 85209

Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016

Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701

Mr. Dodge relentlessly represents clients in the entire state of Arizona including but not limited to Mesa, Phoenix, Tucson, Yuma, Gilbert, Peoria, Glendale, Scottsdale, Ahwatukee, Tempe, Chandler, Prescott, Sedona, Flagstaff, Surprise, Kingman, Page, Lake Havasu City, Payson, Goodyear, Buckeye, Queen Creek, Paradise Valley, Show Low, Winslow, Maricopa, Nogales, Globe, Avondale, Cave Creek, Fountain Hills, Apache Junction, Carefree, Wickenburg, Pinetop-Lakeside, Strawberry, Anthem, Safford, and more. Ben Dodge is an experienced Arizona Personal Injury lawyer, Arizona Family Law lawyer, Arizona Divorce lawyer, Arizona Bankruptcy lawyer, Arizona Child Custody lawyer, Arizona Estate Planning lawyer, and an Arizona Bicycle Accident lawyer. He can cover all areas of family law, personal injury, bankruptcy and estate planning for you.