Understanding Child Support in Arizona
Child support becomes necessary when parents separate, divorce, or were never married, and one parent does not live with the child full-time. Arizona law requires both parents to financially contribute to raising their child, even when they live separately. Child support aims to ensure that parents meet their children’s financial needs, no matter where the children live.
The court determines how much each parent should contribute based on their resources and circumstances. Child support is essential to helping children maintain similar standards of living as they would have if both parents lived together.
What Is Child Support?
Child support is a legally mandated payment that one parent makes to the other to contribute to the costs of raising their child. The courts calculate support payments by estimating how much parents would spend on their child if they lived together, then apportioning that amount based on each parent’s income. The parent who earns more typically pays a larger share of the child support, but both parents must contribute financially.
The court issues child support orders as part of legal separation, divorce, or paternity cases. These orders outline how much one parent must pay and how often. The amount of child support is not random and has nothing to do with gender. It is based on guidelines that consider each parent’s income, the needs of the child, and other factors like health insurance, education costs, parenting time, and childcare expenses. Parents must follow the court’s child support orders. Failure to pay can lead to severe legal consequences.
What Does Child Support Cover?
Child support covers a broad range of expenses related to the child’s upbringing. The most obvious costs include basic needs like food, shelter, and clothing. These are essential to a child’s well-being, and both parents must contribute to these expenses. The custodial parent typically uses child support and their own funds to cover these everyday expenses, while the non-custodial parent provides financial assistance through support payments.
In addition to basic needs, child support can cover other necessary expenses such as health insurance premiums and medical costs. Arizona courts may require one or both parents to maintain health insurance for their children. Childcare expenses are another common cost included in child support obligations, especially if the custodial parent works and needs to pay for daycare or before and after-school care.
Child support can also cover education expenses like tuition for private school or special educational needs if both parents agree or the court deems it necessary. Finally, child support can address extraordinary expenses, such as costs related to a child’s medical condition or disability, to meet the child’s needs fully. Child support aims to create financial stability so children have what they need to thrive regardless of their parents’ living situations.
Recent Updates to Child Support Guidelines
Arizona recently updated its child support guidelines to update the income calculations in the hope of making the system more balanced and equitable for both parents. The state uses the Income Shares Model, which bases child support on the combined gross incomes of both parents. This aims to reflect the reality of modern family dynamics while focusing on the child’s best interests. The court calculates each parent’s contribution based on their income level, so higher-earning parents contribute more, and lower-earning parents contribute according to their ability.
The guidelines also consider additional expenses beyond the basic child support amount. These include costs associated with healthcare, education, childcare, and extracurricular activities. The court accounts for these extra costs to ensure the child support arrangement meets the child’s full range of needs.
Arizona’s guidelines make parenting time a key factor in determining child support obligations. The more time a parent spends with their child, the lower their financial obligation. The theory behind this is that when a child spends time with both parents, the costs of raising them shifts between households.
Sometimes, the court may deviate from the standard child support calculations. The law allows for this when special circumstances exist. For example, courts might adjust child support obligations for high-income parents, parents of children with special needs, and families with extraordinary medical expenses. The law also provides more flexibility for modifying child support orders. If a parent’s income or the child’s needs change significantly, either parent can request a modification.
Finally, Arizona has strengthened its enforcement measures to ensure parents comply with child support orders. If a parent fails to make timely payments, the state can use methods such as garnishing wages, suspending driver’s licenses, and intercepting tax refunds. In some cases, judges can even charge non-paying parents with contempt of court.
Calculating Child Support
Under Arizona’s Income Shares Model for calculating child support, courts consider both parents’ incomes to estimate the amount they would have spent on their child if they lived together. First, the court combines both parents’ incomes to determine the total financial resources available for child support. Then, it uses a schedule to calculate a basic child support amount based on this combined income and the number of children.
Each parent’s share of the total support amount is proportional to their income. For example, if one parent earns 60 percent of the combined income, they would be responsible for 60 percent of the child support. The court can also adjust this amount based on factors like shared parenting time or additional expenses, such as medical or childcare costs. The goal is to ensure both parents work together to meet the child’s financial needs, regardless of their living situation.
Determining Child Support Income
Child support income includes any money a parent earns from any source before taxes or deductions. This can include income from salaries, wages, bonuses, commissions, military pay, pensions, severance pay, unemployment benefits, and even recurring gifts. Income from self-employment, rental properties, or investments also counts. For self-employed individuals the Court will look at gross revenue, minus reasonable and necessary business expenses to determine net income from these sources. If parents have fluctuating or seasonal income, the court may average their income to get a more accurate monthly amount. For example, a parent who earns more during certain months due to seasonal work will have that income spread over 12 months for child support calculations.
It’s worth noting that not everything counts as child support income. For instance, child support payments a parent already receives for other children do not count. Public assistance benefits like Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and other means-tested programs are also excluded. However, the benefits a parent receives for the child in question, such as adoption subsidies or Social Security benefits for a child, might affect the total support obligation.
The court also adjusts child support income in certain cases. For instance, if a parent pays spousal maintenance (alimony), that amount gets subtracted from their income. A parent can also request a reduction in their income calculation if they are supporting other biological or adopted children who are not part of the current case. These adjustments aim to account for both parents’ comprehensive financial situations when calculating child support.
Combined Child Support Obligation
Once the court determines each parent’s income, it calculates the Combined Child Support Obligation. This starts with the Basic Child Support Obligation, which is based on the parents’ combined incomes and the number of children involved. Arizona provides a schedule as a starting point to determine this basic amount. From there, the court adds costs like health insurance premiums, childcare expenses, and educational or medical expenses specific to each child’s needs.
The court then adjusts for parenting time. If a child spends time with both parents, the court reduces the paying parent’s share to reflect the time and money they contribute while caring for the child. The more time a parent spends with a child, the lower their child support obligation will be. Parenting time adjustments ensure that both parents contribute fairly to each child’s financial needs based on how much time the child spends in each household.
The purpose of this structured method is to calculate child support fairly, given the unique circumstances of both the parents and their children. The court uses detailed worksheets and guidelines to conduct this process, allowing for a straightforward and predictable calculation that works in the child’s best interests.
Modifications and Adjustments
Arizona calculates child support obligations based on the financial situation of both parents at the time the court issues the order. However, an original order can become unfair or impractical when circumstances change. Accordingly, Arizona law allows parents to request modifications to their child support orders as their financial circumstances evolve.
These modifications can ensure that the support amount still meets the child’s needs while remaining manageable for both parents. The courts review modification requests to decide whether the new circumstances justify adjusting the existing child support amount.
Modifying Child Support Orders
In Arizona, either parent can request a child support modification if there has been a substantial and continuing change in circumstances. This could include a job loss, a significant increase or decrease in income, or a change in the child’s living situation. For example, if a parent starts earning significantly more or loses their job, the court might consider adjusting the support amount. Modifications are also possible if a child’s financial needs change, such as needing extra medical care or educational expenses.
To modify a child support order, the parent must file a request with the court and provide evidence of the change in circumstances. Arizona courts follow the “15 percent rule” to determine whether a modification is necessary. If the proposed change in the support amount is 15 percent higher or lower than the current order, the court will consider this a significant change and review the case. If the court approves the modification, the new amount will replace the previous one. However, the change is not automatic. A court order is always necessary.
Special Circumstances for Modification
Arizona law allows child support modifications under specific circumstances that do not fit into the typical income or parenting time changes. Special circumstances can include a child’s unique medical or educational needs or one parent’s inability to meet the original support order due to health or other reasons.
A parent with an unusual financial burden, such as high medical bills or caring for a special needs child, can request a modification. If a child develops a condition that requires ongoing treatment, the court can increase the child support amount to cover those additional costs. In other cases, if a parent experiences a major life event, such as becoming disabled or experiencing a long-term illness, the court may consider lowering their support obligation.
When requesting modifications, parents should present detailed documentation of any special circumstances. The court will use this information to decide whether the new circumstances justify changing the support order.
Self-Support Reserve Test for Low-Income Parents
Arizona uses a Self-Support Reserve Test to ensure low-income parents can meet their basic needs while contributing to their child’s financial support. This test prevents child support orders from forcing paying parents into poverty. It works by setting aside a portion of low-income parents’ money to cover their own basic living expenses before determining how much they can reasonably pay in child support.
The Self-Support Reserve is based on 80 percent of the state’s monthly minimum wage. After subtracting this amount from the parent’s income, the remaining money is used to calculate the child support payment. For example, suppose a parent earns Arizona’s current minimum wage of $14.35 per hour (changing to $14.70 per hour on January 1, 2025) or $2,296.00 per month. In that case, the court would subtract 80 percent of their monthly income ($1,836.80) for the Self-Support Reserve, leaving $459.02 available for monthly child support payments. If the resulting child support order would exceed this amount, the court can reduce it to ensure the parent can still meet their basic needs.
The test only applies to current child support obligations, not to arrears. If the paying parent owes past-due support, the court may still order an additional payment toward arrears, even if the Self-Support Reserve Test reduces the current obligation.
Legal Enforcement of Child Support
In Arizona, child support orders carry the weight of law, meaning both parents must comply with the terms or face legal consequences. The court takes child support enforcement seriously to ensure children receive the financial support they need. If a parent fails to meet child support obligations, the legal system has several tools to enforce payments.
Arizona uses various methods to collect unpaid child support, including wage garnishment, property liens, and license suspensions. Parents who struggle to receive the support owed to them can utilize state resources and seek legal assistance for help with enforcement.
Legal Enforcement for Child Support Arrears
If a parent falls behind on child support payments, they accrue child support arrears. Arizona law gives the courts several ways to collect unpaid child support. Wage garnishment, one of the most common methods, involves the court ordering the non-paying parent’s employer to withhold some of their wages and send the money to the receiving parent. If the parent does not have wages to garnish, the court might place a lien on their property or seize their bank accounts to collect the overdue amount.
Arizona courts can also suspend delinquent parents’ driver’s licenses, professional licenses, or even recreational licenses, such as hunting or fishing permits. If a parent owes a significant amount of child support, the court can take more serious actions, such as revoking passports or filing contempt charges. Contempt of court can result in fines or jail time.
Involvement of State in Child Support Cases
Arizona’s Department of Economic Security (DES) oversees child support enforcement through the Division of Child Support Services (DCSS). The state steps in to enforce child support orders when necessary, such as if a parent applies for public assistance or requests help with collecting payments. The DCSS can open a case and work with parents to establish or enforce child support orders. The state offers several enforcement services, including intercepting tax refunds and reporting delinquent parents to credit agencies.
The state can also help parents establish paternity, which is sometimes necessary before it can enforce a child support order. If a child’s paternity is in question, the DCSS can arrange for genetic testing to confirm the father’s identity. Once the DCSS establishes paternity, the court can issue a child support order, and the state can assist in enforcing it.
Options for Legal Assistance
A family law attorney can provide valuable assistance to parents seeking to enforce child support orders. Experienced attorneys are deeply familiar with Arizona’s child support laws and can guide parents through the legal process to ensure they receive the payments owed to them. An attorney can file motions for enforcement if the other parent fails to pay child support and represent recipient parents in court. If the non-paying parent refuses to comply, the attorney can request actions like wage garnishments, property liens, or even contempt of court charges.
A family law attorney can also help with more complex child support cases. For example, if a non-paying parent lives out of state, the attorney can work through the Arizona courts and other states’ legal systems to ensure enforcement. They can also assist in cases involving disputes over the amount of child support owed or where the non-paying parent tries to avoid their obligations by hiding assets or income.
The DCSS can also help with enforcement actions by managing certain aspects of child support enforcement, like wage garnishments and tax refund interceptions. However, working with a dedicated family law attorney is the best way to get focused, personalized attention.
Tax Benefits and Child Support
Child support and taxes are closely linked in Arizona, and tax benefits can make a substantial difference in your financial situation. While child support payments themselves are not considered taxable income, certain tax benefits can still impact parents.
The Internal Revenue Service (IRS) offers several tax benefits, such as the Child Tax Credit, to help parents offset the costs of raising their children. However, these tax benefits do not automatically go to the parent receiving child support. The allocation of these tax benefits depends on various factors, including which parent claims the child as a dependent.
Allocating Tax Benefits
In Arizona, the court generally allocates tax benefits in proportion to the support being paid when it establishes a child support order. This arrangement ensures both parents benefit from these credits, especially in cases where parenting time is evenly split.
The IRS only allows one parent to claim the child as a dependent per tax year, so the court must determine which parent will claim the child in any given year. Courts look at factors like each parent’s income and tax bracket and how claiming the child will benefit the child’s overall well-being. A family law attorney can help parents understand how these tax benefits work and which tax strategies are ideal for their situations. In some cases, parents might come to an agreement on who claims the child, but the court can decide if parents cannot agree.
Updates to Tax Rules for Child Support
Arizona’s child support guidelines also include updates to tax rules that affect how the court calculates support. In particular, the Tax Cuts and Jobs Act of 2017 changed how spousal maintenance (alimony) impacts child support. For spousal maintenance orders entered after December 31, 2018, the paying parent can no longer deduct these payments from their income. Additionally, the receiving parent does not count the maintenance as taxable income. Arizona courts account for these changes when determining child support amounts.
The state’s guidelines adjust each parent’s income based on spousal maintenance to ensure the court calculates an accurate child support amount. Parents must provide clear documentation of their spousal maintenance payments during child support hearings. These updated tax rules also affect how the court handles other financial adjustments, such as deductions for children from other relationships.
Duration and Termination of Child Support
Child support is critical to ensuring that children receive the financial support they need as they grow. In Arizona, courts establish child support orders based on the child’s best interests, but these orders do not last forever. Understanding how long parents must pay child support and when those obligations end is essential for both paying and receiving parents. Arizona law aims to provide parents with a predictable timeline by setting clear guidelines on the duration of child support and the conditions under which payments can terminate.
How Long Is Child Support Paid?
In most cases, paying parents in Arizona must provide child support until their children turn 18. However, there are exceptions. If the child is still attending high school full-time when they turn 18, child support continues until they either graduate or turn 19, whichever comes first. This ensures that parents continue to provide financial support while the child completes their basic education before transitioning to adulthood.
Termination of Child Support at Emancipation or Adulthood
In Arizona, child support typically terminates when a child reaches adulthood or becomes emancipated. Emancipation occurs when the child becomes legally independent from their parents before turning 18. This can happen if the child gets married, joins the military, or successfully petitions the court for emancipation. Once a child is emancipated, the court considers them self-supporting, and parents no longer need to provide financial support.
For most children, child support ends when they turn 18 and graduate from high school. However, child support obligations can continue in certain situations. If the child has a physical or mental disability that requires ongoing care, the court may order support payments to continue beyond the typical age limit. This ensures that children with special needs receive the financial help they require, even as they reach legal adulthood. In these cases, the court may decide to extend child support indefinitely or until the child can support themselves.
Contact an Arizona Child Support Lawyer Now
Child support issues can be stressful, but you don’t have to face them alone. If you need help establishing a fair child support arrangement or enforcing an existing order, the team at Cohen Family Law is here to help. Call us now for your free 30-minute consultation, and let us help you find a solution that works for you and your family.
