Arizona Child Support

Arizona child support laws are designed to provide for the financial support of minor children in the state. The Arizona child support guidelines provide structure for the courts and guidance to parents struggling with child support issues.

Before the court will calculate your Arizona child support payments, the court will gather information from you and the other parent. Before going to court, be certain to bring the following documents with you:

• Gross income of both parents
• Court-ordered child support for children of other relationships
• Spousal support paid or received
• Medical/dental/vision insurance costs for children only
• Childcare costs
• Extra education expenses (For example, if your child has taken piano lessons for 10 years, the court will consider this and not force him/her to abandon those lessons if you are able to afford them.)
• Extraordinary child expenses (For example, if your child requires braces, the court will consider this and provide for them whenever possible.)
• Number of children age 12 or over
• Court-ordered arrears paid by the noncustodial parent

Once the court enters a child support order, the parents must exchange their tax returns and other financial documents every two years. This exchange of documents must take place every two years until the child support obligation ends. The court’s child support order is subject to modification whenever reapplication of the Arizona Child Support Guidelines results in a sum that is 15% higher or lower than the child support order that is in effect.

But, the court may order up to three years of retroactive child support payments if it finds that the non-custodial parent has failed to support the child. If the court orders retroactive child support payments, then that retroactive support will be in the form of arrearages. The court will then order an additional amount to be paid toward those arrearages until they have been paid in full. These arrearages can raise the monthly child support payments substantially. It is best to keep current on child support payments to avoid the additional expenses of paying for past arrearages.

While there are techniques for lowering your child support payments, it is best to be honest and candid with the court. When requesting that child support payments be lowered, do not lie to the court or exaggerate your financial situation. Likewise, when requesting an increase in child support payments, it is best to be honest about your finances and the needs of the child. It is never advisable to lie to the court or exaggerate your circumstances.

Generally, the court will modify a child support order upon:

• A raise or cut in the income of either parent
• A change in the custody of a child
• Addition of or a change in the availability of health insurance coverage
• Obligation of either parent to support other dependants (children or elderly parents)
• Additional unexpected medical or educational expenses
• Additional expenses for the special needs of gifted or handicapped children

A parent's obligation to pay child support normally terminates when the child turns 18 and graduates from high school, turns 19, dies, or is emancipated--whichever happens first. However this may not apply to a child who has severe special needs that cause him/her to remain dependent past the age of majority. In addition, even though the obligation to pay child support terminates, you may still have to file a petition to formally end the Arizona child support obligation.

Under Arizona child support law, any parent making child support payments for a child over the age of 18 is entitled to all records related to the child’s school attendance.

Child support orders are often enforced by a mandatory payroll deduction. The court orders the parent’s employer to direct payroll funds for the support of the children. The money deducted from the payroll check is paid to the state from the day the judge signs the Arizona child support order. Employers cannot refuse to implement the court’s order and the parent cannot dictate when they will make their child support payments.

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