Child support payments are calculated to meet a child’s needs, including education, health, and maintenance. Child support issues often arise when parents divorce or separate. Arizona has adopted guidelines that set child support rates based on family income and the number of children you have. Divorce and separation can be a rough process, and this makes child support issues complicated. Sometimes the court allows you to make settlement negotiations with your ex-spouse. 

If you fail to reach an agreement, the court imposes an amount that needs to be paid based on the circumstances. Family law matters, especially those involving children, are stressful. Therefore, hiring a competent family law attorney will go a long way. At Arizona Family Law Attorney, we will help you navigate the processes involved in child support and offer legal representation when you are facing child support battles. We serve clients seeking legal help in Phoenix, AZ.

Overview of Child Support in Arizona

Child support is the amount of money paid by a parent to contribute to the overall care of their child. Often, child custody cases arise after parents’ separation or divorce. Arizona law required both custodial and noncustodial parents to provide proper support for their children. Amid divorce proceedings, the issue of child support could be overlooked. However, the obligations to pay child support cannot be ignored. Arizona family laws work to ensure the best interests of the children involved in the divorce. Therefore, failing to pay child support can land you in serious trouble with the law.

Arizona family laws on child support help determine the amounts to be paid as child support. The guidelines estimate the amount of money that the parents would use on the child’s needs if they were still living together. The purpose of the child support guidelines is to ensure consistent standards of support and a reasonable financial plan that is consistent.

Even though there are guidelines that govern child support amounts, the court could deviate depending on each situation’s circumstances. Often child support is paid by the noncustodial parent. Since each parent is responsible for supporting their biological children, some circumstances could prompt the custodial parent to pay child support. 

There is no point where child support is not paid in Arizona. Even when parents have joint custody, one of them is required to pay child support. This is because it is not likely that parents have the same income and spend a similar amount of time with the child.

Factors Considered in Child Support Calculations

Child support is a critical element in ensuring that a child’s basic needs are met. Essentially, the court determines the amount to be paid in child support using a formula in the state guidelines. The following are some factors considered when calculating child support:

  • Monthly income of both parents. When determining the amount to be paid in child support, the court considers all parents’ income sources. Income may be from a monthly salary, commissions, and bonuses, disability income, self-employment income, among others.
  • Spousal support. During the calculation of child support, parent’s incomes are adjusted based on alimony payments. The spouse’s income paying alimony is reduced by the amount they pay monthly as spousal support while the receiving spouse will have their income increased. However, most courts prioritize child support over alimony. Therefore, after a divorce, they would calculate child support first and evaluate the balance to set maintenance.
  • Support of other children. If a parent involved in child custody battles has other children, whether biological or adopted, their income can be adjusted to cater to other children’s needs. If a parent remarries and has other children after the support order is finalized, they can petition the court to modify the child support order.
  • Cost of medical insurance. If you provide medical insurance for the child, you will receive a credit for the monthly insurance costs. The credit is often derived after calculating the gross incomes.
  • Child care expenses. The amount used to cater for childcare for each parent is included when determining child support. If there are older children involved, a 20% adjustment could be added to cater to the additional cost associated with teenagers’ support.
  • Parenting time. The amount of time each parent spends with the child is significant when calculating child support. Mostly, the parent who spends more time with the child receives child support. This is because it is assumed they spend more time offering child care services. If the division of parental time changes over time, you can return to court to modify the child support order.

In Arizona, the court has the discretion to deviate from the set guidelines and award less or more than what the policies provide. Some of the situations that could prompt a deviation:

  1. The amount provided in the guidelines is more than needed. If the noncustodial parent makes so much money, the amount calculated as per guidelines may be more than is required to cover the child’s regular expenses. Therefore, the court might award less.
  2. The payment is less than the amount due. If the paying parent earns very little or has lost their job, it may be impossible to meet the guideline amount. The judge may lower the amount. However, after the circumstances have changed, the court can modify the order.
  3. A child has special needs. A child with special medical or educational needs may require more support. Therefore, the judge could deviate from the guidelines and order a higher amount of support.
  4. The noncustodial parent can afford more. If the paying parents earn a lot of money or have significant assets, the court could order more than the guideline payments.

Duration of Child Support in Arizona

As a parent, you need to know when child support payments will stop. The court is responsible for setting the termination date of the child support order. Often, child support payments end when a child attains eighteen years. If you are paying or receiving child support6 for more than one child, the child support order is tied to the youngest child’s eighteenth birthday. As the older children age out of the child support order, you can modify the terms.

If your child is unlikely to have finished high school at eighteen years, child support payments continue until they graduate high school or turn eighteen. If you are a paying parent, you need to know that child support payments do not stop because they turn eighteen. You are required to petition the court to terminate the order so you can end the legal obligation. Failure to file a petition means that you will continue to make the required payments.

If you have a disabled child, support payments could continue to adulthood. The court orders parents to continue making child support payments even after the child turns eighteen. This will be the case if your child has a condition that makes them dependent even in adulthood.

Even if the petition was filed when the child reached maturity age, the court could order that you continue paying support. However, the child must have a severe mental or physical disability that makes it difficult for them to live independently, or disability is exhibited in childhood. The judge orders the child support for adult, disabled children to be paid directly to them or the person offering primary care. Matters concerning child support for adult children need serious consideration. Therefore, legal guidance is essential in such a situation.

Modification of Child Support Orders in Arizona

Under Arizona law, child support orders can be modified with changing circumstances. When the court makes and imposes child support orders, they cannot predict a change in circumstances. If your circumstances or those of the other parent change, you can petition the court to modify the order. Some of the factors that could prompt the court to modify your child support order include:

  1. One of the children attains eighteen years. If you are paying child support for several children, child support payments end when your youngest child emancipates. However, as each child reaches eighteen years or completes high school, you can seek to modify the order and reduce the amount you need to pay.
  2. The current order does not indicate a directive for medical support. If in the child support order, the other parent of your child was not obligated to offer medical care coverage, you can petition for a modification if they have access to reasonable care provided to the child.
  3. One parent has a significant increase or decrease in income. If you lose your job or your income is significantly reduced, you can petition the court to reduce the amount you need to pay in child support. However, it is crucial to understand that you cannot use a voluntary income reduction as a basis to seek child support modification.
  4. Changes in Childcare costs. As children grow older, the amount required to cater to their needs may increase. Therefore, a custodial parent offering primary care for the child can seek an increase in child support payments.
  5. Change division of parental time changes. In Arizona, child support is often paid to the parent who spends the most time with the child offering childcare services. Child support issues are the aftermath of child custody. Most parents who receive full physical child custody are awarded child support. If the custody arrangement changes and the other parent spends a substantial amount of time with the children, the child support orders may be subject to modification.
  6. Either parent becomes disabled. If you are the custodial parent and suffer a disability, you can petition the court to increase the amount of child support you receive from your child’s other parent. On the other hand, the parent paying for child support can petition to reduce the payments if they suffer a condition that leaves them unable to work.

The review and modification of a child support order take up to six months, depending on how fast the needed information is provided. Modification of child support orders is common since everyone can be a victim of changing circumstances. If there is a change in circumstances, it is crucial to petition the court for a modification. Failure to pay child support without notifying the court may be disastrous.

Child Support Enforcement in Arizona

Under Arizona family law, every parent must support their children even when they are divorced or separated. Often the court imposes a child support order indicating the amount and duration through which a parent must pay. Once the court order is issued, the noncustodial parent must pay the amount ordered following the order. You are considered to violate a court order if you fail to pay child support in the right amount and on time.

If your child is not receiving support from their other parent, you can seek help from the Arizona Department of Child Support Services (DCSS)to recover the financial support your child needs. The DCSS can use any of the following methods to force or encourage to pay child support:

  • Withholding income. DCSS can issue an income withholding order, and money is taken directly from the parent’s income, who defaults on the child support order. Additionally, federal law employers must report new employees’ names to help track down parents who attempt to default in child support orders.
  • Credit Bureau reporting. If you have not paid your child support obligations for six months, the balance will appear on credit reports. The DCSS reports child support cases to credit bureaus every month. Therefore, having child support arrears could make it difficult for you to obtain a mortgage or loan.
  • Liens on property. DCSS can place a lien on your property if you fail to pay child support. Before you sell or refinance the property, you must cover the overdue child support.
  • Suspension or revocation of your license. When you have at least six months of child support arrears, the Department of Child Support Services can revoke or suspend your professional license. Sometimes the DCSS could petition the court to revoke your driver’s license until you pay the child support arrears.
  • Asset seizure. In cases where a noncustodial parent has one year of unpaid child support, the DCSS can seize their property or bank accounts.

Before the DCSS takes action on a parent who doesn’t pay child support, the parent is notified of the attempt and given options to contest the action.

FAQ on Child Support in Arizona

Child support issues are complex, especially after a messy divorce or separation where you and your ex-spouse are not on good terms. Failure to pay the required child support can land you in legal trouble. The child care expenses are rapidly increasing, and when one parent fails to offer their support, the other parent could find it challenging to cope with the children’s financial needs. The following are some frequently asked questions on child support matters:

  1. Can I obtain a child support order without legal separation or divorce?

You can file a petition with the court to receive child support from your child’s other parent if you have never been married. A Local DCSS can help you establish a support order and paternity if it is an issue in the case. If you are legally married, you need to contact a family law attorney for more guidance on the matter.

  1. How does gross income affect child support calculations?

When determining child support obligations, the income of each parent is significant. When you are undergoing child support battles, you must make a statement indicating your income, including investments, interest in stocks, retirement accounts, or other avenues that generate income for you. Sometimes, it can be challenging to know the inclusions you need to make in your statement. If you are not sure of what to indicate, you should consult with your family law attorney.

  1. Does child support cover extracurricular activities?

If your child has an extraordinary ability, the court may include the cost of these extracurricular activities when awarding child support. However, in most cases, funding extracurricular activities is an issue that parents need to settle. When the court does not include these activities in the child support order, you may agree on how to fund the expenses after mediation or negotiation with your attorneys.

  1. Do child support guidelines apply for parents living together?

Child support is the estimated amount you could spend on your child’s needs if you lived together as a family. Therefore, child support is an issue that often comes along when there is separation or divorce and one parent moves out. However, no statute in Arizona family law prohibits you from seeking child support even when you live together with the other parent.

  1. Will I receive child support if my ex-spouse moves to another state?

State and federal governments often take action on parents who cross state borders to escape child support obligations. States are expected to give credit to court judgments issued in other states regarding child support. If you are on the receiving end of child support, you cannot seek a new jurisdiction to gain a favorable award. In Arizona, a court that issues a child support order has continued control over the case. A parent seeking to modify the order must file a petition in the court where the order was issued.

  1. When the court makes the legal decisions, how will I obtain child support?

The law provides that if the court decides to impose an order on child support, it must decide the amount of support to be paid. The court determines the amount to be paid each month into the account of the custodial parent’s account. If you fail to pay child support, you could face the consequences such as wage garnishment.

  1. Are there child support exceptions if one or both parents is a minor?

In Arizona, a minor parent is not exempted from paying child support. However, the parent’s age may be considered when calculating the amount to be paid as child support. Minimum wage is not attributed to minor parents while in high school only their actual income is considered.

Where custody battles involve a minor parent, the minor’s parents or guardians are encouraged to be actively involved in the proceedings. Sometimes, the establishment of support could be delayed until the parent is an adult. The court may determine that a minor is not obligated to pay child support if the other parent is found guilty of sexual misconduct with a juvenile.

  1. If my Ex-spouse remarries and they have another family to support, will this affect the support they pay for my children?

Even when a noncustodial parent has another family to support, their obligation to their children is not eliminated. However, the noncustodial parent could petition the court to reduce their pay because they must support other biological children from the second marriage. If this happens, you will be notified and allowed to contest the modification. Other factors that may affect child support are the health deterioration of the paying parent or decreased earning ability. 

Find a Phoenix Family Law Attorney Near Me

Given the increased cost of living in Phoenix and the rising childcare costs, receiving the right amount of child support is crucial. Similarly, ensuring that you pay the correct amount of child support for your children is critical since overbearing child support payments can be crippling. When you are in the process of divorcing or separating, the relationship between you and the other parent can be damaged. However, the court allows you to make child support negotiations before imposing their rules in the situation.

Understanding the laws that govern child support issues in Arizona is essential when faced with the issue. Since the topic of child support is delicate, you will require competent legal guidance when dealing with the matter. If you face child support battles in Phoenix, AZ, we invite you to contact Phoenix Family Law Attorney for legal advice and representation. Call us today at 888-888-8888 to discuss more details of your situation.