ARIZONA CHILD SUPPORT
GUIDELINES
ADOPTED BY THE ARIZONA SUPREME COURT
FOR ACTIONS FILED AFTER OCTOBER 31, 1996
Please note that the guidelines are used in conjunction with the Child
Support Worksheet.
Contents
Background:
The Arizona Child Support Guidelines follow
the Income Shares Model. The model was developed by the Child Support
Guidelines Project of the National Center for State Courts. The total
child support amount approximates the amount that would have been spent
on the child(ren) if the parents and child(ren) were living together.
Each parent contributes his/her proportionate share of the total child
support amount.
Information regarding development of the
guidelines, including economic data and assumptions upon which the Schedule
of Basic Child Support Obligations is based, is contained in the June
29, 1995, report of Policy Studies, Inc., titled Economic Basis for
Updated Child Support Schedule - State of Arizona.
1. Purposes
a. To establish a standard of support for children
consistent with the reasonable needs of children and the ability of parents
to pay.
b. To make child support orders consistent
for persons in similar circumstances.
c. To give parents and courts guidance in
establishing child support orders and to promote settlements.
d. To comply with state law (Arizona Revised
Statutes Section 25-320) and federal law (42 United States Code Section
651 et seq., 45 Code of Federal Regulations Section 302.56) and any amendments
thereto.
2. Premises
a. These guidelines apply to all natural children,
whether born in or out of wedlock, and to all adopted children.
b. The child support obligation has priority
over all other financial obligations; the existence of non-support-related
financial obligations is generally not a reason for deviating from the
guidelines.
c. The fact that a custodial parent receives
child support does not mean that he or she may not also be entitled to
spousal maintenance.
If the court is establishing both child
support and spousal maintenance, the court shall determine the appropriate
amount of spousal maintenance first.
The receipt or payment of spousal maintenance
shall be treated in accordance with sections 4.a and 5.a. The addition
to or adjustment from gross income under these sections shall apply for
the duration of the spousal maintenance award.
d. A parent's legal duty is to support his
or her natural or adopted children. The "support" of other persons such
as stepchildren or parents is deemed voluntary and is not a reason for
an adjustment in the amount of support determined under the guidelines.
e. Duration of support is governed by Arizona
Revised Statutes Sections 25-501 and 25-320, except as provided in Arizona
Revised Statutes Section 25-648.
f. Monthly figures are used to calculate
the support obligation. Any adjustments to the child support amount shall
be annualized so that each month's support obligation is increased or
decreased in an equal amount, instead of the obligation for particular
months being abated, increased or decreased.
EXAMPLE: At a child support hearing in a
paternity action a custodial parent requests an adjustment for child care
costs (Section 8.b.1.). The parent incurs child care costs of $150 per
month but only for nine months of the year. The adjustment for child care
costs must be annualized as follows: Multiply the $150 monthly cost times
the nine months that the cost is actually paid each year, for an annual
total of $1,350. Divide this total by 12 months to arrive at an annualized
monthly adjustment of $112.50 that may be added to the Basic Child Support
Obligation when determining the child support order.
g. When determining the Basic Child Support
Obligation under Section 7, the amount derived from the Schedule of Basic
Child Support Obligations shall not be less than the amount indicated
on the Schedule:
1. For six children where there are
more than six children.
2. For the Combined Adjusted Gross Income
of $15,000 where the actual Combined Adjusted Gross Income of the
parents is greater than $15,000.
3. Presumption
In any action to establish or modify child
custody, and in any action to establish child support or past support
or to modify child support, whether temporary or permanent, local or interstate,
the amount resulting from application of these guidelines shall be the
amount of child support ordered. These include, without limitation, all
actions or proceedings brought under title 25 of the Arizona Revised Statutes
(including maternity and paternity) and juvenile court actions in which
a child support order is established or modified. However, if application
of the guidelines would be inappropriate or unjust in a particular case,
the court shall deviate from the guidelines in accordance with Section
17.
4. Determination of the Gross Income of the Parents
NOTE: Terms such as "Gross Income" and "Adjusted
Gross Income" as used in these guidelines do not have the same meaning as
when they are used for tax purposes.
a. Gross income includes income from any
source, and may include, but is not limited to, income from salaries,
wages, commissions, bonuses, dividends, severance pay, pensions, interest,
trust income, annuities, capital gains, social security benefits (subject
to Section 24), worker's compensation benefits, unemployment insurance
benefits, disability insurance benefits, gifts, prizes, and spousal maintenance.
Cash value shall be assigned to in-kind or other non-cash benefits. Seasonal
or fluctuating income shall be annualized. Income from any source which
is not continuing or recurring in nature need not necessarily be deemed
gross income for child support purposes. It is generally not expected
that a parent will earn income greater than what would be earned from
full-time employment.
b. Gross income does not include sums received
as child support or benefits received from means-tested public assistance
programs including, but not limited to, aid to families with dependent
children, supplemental security income, food stamps and general assistance.
c. For income from self-employment, rent,
royalties, proprietorship of a business, or joint ownership of a partnership
or closely held corporation, gross income means gross receipts minus ordinary
and necessary expenses required to produce income. Ordinary and necessary
expenses do not include amounts determined by the court to be inappropriate
for determining gross income for purposes of child support.
d. Expense reimbursements or benefits received
by a parent in the course of employment or self-employment or operation
of a business shall be counted as income if they are significant and reduce
personal living expenses.
e. If a parent is unemployed or working
below full earning capacity, the court may consider the reasons. If earnings
are reduced as a matter of choice and not for reasonable cause, the court
may attribute income to a parent up to his or her earning capacity. In
accordance with Arizona Revised Statutes Section 25-320, income of at
least minimum wage shall be attributed to a parent ordered to pay child
support. If income is attributed to the parent receiving child support,
appropriate child care expenses may also be attributed.
The court may decline to attribute income
to either parent. Examples of cases in which it may be inappropriate to
attribute income include, but are not limited to, the following circumstances:
1. A parent is physically or mentally
disabled,
2. A parent is engaged in reasonable
career or occupational training to establish basic skills or reasonably
calculated to enhance earning capacity,
3. Unusual emotional or physical needs
of a natural or adopted child require that parent's presence in the
home, or
4. The parent is a current recipient
of aid to families with dependent children.
f. Only income of persons having a legal duty
of support shall be treated as income under the guidelines. For example,
income of a parent's new spouse is not treated as income of that parent.
g. The court shall not take into account
the impact of the disposition of marital property except as provided in
Arizona Revised Statutes Section 25-320.A.6. ("...excessive or abnormal
expenditures, destruction, concealment or fraudulent disposition of community,
joint tenancy and other property held in common.") or to the extent that
such property generates income to a parent.
h. The Schedule of Basic Child Support Obligations
is based on net income and converted to gross income for ease of application.
The impact of income taxes has been considered in the Schedule.
5. Adjustments to Gross Income
a. The amount of court-ordered spousal maintenance
actually paid and the amount of court- ordered child support of other children
actually paid by the noncustodial parent or contributed by the custodial
parent shall be deducted from the gross income of the paying or contributing
parent. "Other children" means natural or adopted children who are not the
subject of this particular child support determination.
b. Support of natural or adopted children
not covered by a court order may be considered as an adjustment factor.
Any adjustment will be made to gross income and the amount of any adjustment
will be determined by a simplified application of the guidelines to determine
the basic amount of support that would be ordered for the other children
in question.
EXAMPLE: A parent having gross monthly income
of $2,000 supports an adopted minor child not subject of the support case
before the court and for whom no support order exists. Locate $2,000 in
the Combined Adjusted Gross Income column of the Schedule. Select the
support figure in the column for one child, $379. The parent's income
may be reduced by $379, resulting in an Adjusted Gross Income of $1,621.
6. Determining the Adjusted Gross Income of the
Parents
Adjusted Gross Income is gross income minus
the adjustments provided in Section 5 of these guidelines. The Adjusted
Gross Income for each parent shall be established. These amounts shall be
added together. The sum is the Combined Adjusted Gross Income.
7. Determining the Basic Child Support Obligation
Locate the income closest to the parents'
Combined Adjusted Income figure on the Schedule of Basic Child Support
Obligations and select the column for the number of children involved.
This number is the Basic Child Support Obligation.
8. Determining the Total Child Support Obligation
To determine the Total Child Support Obligation,
the court:
a. Shall add to the Basic Child Support
Obligation the cost of the children's medical insurance coverage. In determining
the amount to be added, only the amount of the insurance cost attributable
to the children subject of the support order shall be included. If coverage
is applicable to other persons, the total cost shall be prorated by the
number of persons covered.
EXAMPLE: Through an employment-related insurance
plan, a parent provides medical insurance that covers the parent, one
child subject of the support case and two other children. Under the plan,
the cost of an employee's individual insurance coverage would be $50.
This parent instead pays a total of $170 for the "family option" that
provides coverage for the employee and any number of dependents. Calculate
the adjustment for medical insurance as follows: Subtract the $50 cost
of individual coverage from the $170 paid for the "family option" to find
the cost of dependent coverage. The $120 remainder then is divided by
three--the number of covered dependents. The resulting $40 is added to
the Basic Child Support Obligation as the cost of medical insurance coverage
for the one child.
If an adjustment is made for the cost of
the children's medical insurance coverage and that cost is paid by the
parent ordered to pay child support, the amount of the adjustment added
under this Section shall be subtracted from that parent's proportionate
share of the Total Child Support Obligation, as determined under Section
9, to arrive at the child support order.
An order for child support shall assign
responsibility for providing medical insurance for the children who are
the subject of the child support order. If medical insurance of comparable
benefits and cost is available to both parents, the court should assign
the responsibility to the parent having primary physical custody. The
court shall also specify the percentage that each parent shall pay for
any medical costs of the children which are not covered by insurance.
Both parents should use their best efforts
to obtain services that are covered by the insurance. A parent who is
entitled to receive reimbursement from the other parent for medical costs
not covered by insurance shall, upon request of the other parent, provide
receipts or other evidence of payments actually made.
b. May add to the Basic Child Support Obligation
amounts for any of the following:
1. Child Care Costs:
Child care expenses that would
be appropriate to the parents' financial abilities and to the lifestyle
of the child(ren) if the parents and child(ren) were living together.
Expenses for child care shall be
annualized in accordance with Section 2.f.
A parent paying for child care
may be eligible for a credit from federal tax liability for dependent
children. Before adding child care costs to the Basic Child Support Obligation,
the court may adjust this cost in order to apportion the benefit that
the dependent tax credit will have to the parent incurring the child care
costs. An adjustment of twenty-five percent may be deducted from total
annual child care costs, up to maximum annual costs of $2,400 for one
child or $4,800 for two or more children. If the annual costs for child
care exceed the maximum limits, $50 or $100 per month, respectively, may
be subtracted from the annualized monthly child care cost. Otherwise,
annual costs are multiplied by .0625 to arrive at the adjusted monthly
child care costs.
EXAMPLE ONE: For two children a
parent pays monthly child care costs of $550 for nine months of the year.
To adjust for the expected tax credit benefit first determine whether
the annual costs of child care exceed the maximum allowed annual costs.
In this example, because the annual cost of $4,950 ($550 multiplied by
9 months) exceeds the $4,800 maximum for two or more children, $100 per
month may be subtracted from the annualized monthly cost. To calculate
the annualized cost divide the annual cost by 12 months ($412.50) and
subtract $100. $312.50 may be added to the Basic Child Support Obligation
for adjusted child care costs.
EXAMPLE TWO: A parent pays monthly
child care costs of $175 for one child. Multiply by 12 months to obtain
the annual costs ($2,100). Because this amount is less than the $2,400
maximum for one child, multiply $2,100 by .0625 to obtain the amount ($131.25)
that may be added to the Basic Child Support Obligation.
Any adjustment for the payment
of child care costs with pre-tax dollars shall be calculated in a similar
manner. A percentage adjustment other than twenty-five percent may be
utilized if proven by the parent paying the child care costs.
At lower income levels the head
of household does not incur sufficient tax liability to benefit from the
federal tax credit. No adjustment should be made where the income of the
custodial parent is less than indicated on the following chart:
| MONTHLY GROSS INCOME
OF THE CUSTODIAL PARENT |
ONE
CHILDFIVE
CHILDREN
|
SIX
CHILDREN
|
|
|
|
|
| $1,100
|
$1,500
|
$1,700
|
$1,900
|
$2,100
|
$2,300
|
2. Education Expenses:
Any reasonable and necessary expenses
for attending private or special schools or necessary expenses to meet
particular educational needs of a child, when such expenses are incurred
by agreement of both parents or ordered by the court.
3. Older Child Adjustment:
The average expenditures for children
age twelve or older exceed the average expenditures for all children by
approximately ten percent. Therefore, the court may increase child support
for a child who has reached the age of twelve years by an amount up to
ten percent of the support shown on the Schedule. If the court chooses
to make an adjustment, the following method of calculation shall be used.
EXAMPLE: The Basic Child Support
Obligation for one child, age 12, is $300. As much as $30 may be added
by the court, for a total of $330. If not all children subject to the
order are age 12 or over, the increase will be prorated as follows: Assume
the Basic Child Support Obligation for three children is $300. If one
of the three children is age 12 or over, assign 1/3 of the Basic Child
Support Obligation to the older child ($100). Up to 10% ($10) of that
portion of the Basic Child Support Obligation may be added as an older
child adjustment, increasing the obligation to $310. NOTE: This proration
method is limited to this section and should not be followed in Section
22.
4. Extraordinary Child Adjustment:
These guidelines are designed to fit the
needs of most children. The court may increase the Basic Child Support
Obligation to provide for the special needs of gifted or handicapped
children.
9. Determining Each Parent's Proportionate Share
of the Total Child Support Obligation
The Total Child Support Obligation shall be
divided between the parents in proportion to their Adjusted Gross Incomes.
The obligation of each parent is computed by multiplying each parent's share
of the Combined Adjusted Gross Income by the Total Child Support Obligation.
EXAMPLE: Combined Adjusted Gross Income
is $1,000. The father's Adjusted Gross Income is $600. Divide the father's
Adjusted Gross Income by the Combined Adjusted Income. The result is the
father's share of the Combined Adjusted Gross Income. ($600 divided by
$1,000 = 60%) So, the father's share is 60%; the mother's share is 40%.
10. Adjustment for Costs Associated with Visitation
Because the Schedule of Basic Child Support
Obligations is based on expenditures for children in intact households,
there is no consideration for costs associated with visitation. Accordingly,
when proof establishes that visitation is or is expected to be exercised
by the parent paying child support, an adjustment shall be made to that
parent's proportionate share of the Total Child Support Obligation.
To adjust for the costs of visitation, first
determine the total amount of visitation indicated in a court order or
parenting plan or by the expectation or historical practice of the parents.
Using the following definitions, add together each period of visitation
within twenty-four hours to arrive at the total number of visitation days
per year.
a. "One day" means more than 12 continuous
and consecutive hours or an overnight.
b. "One-half day" means greater than 4 and
up to and including 12 continuous and consecutive hours.
c. "One-quarter day" means up to and including
4 continuous and consecutive hours.
For purposes of calculating visitation days,
only the time spent by a child with the noncustodial parent is considered.
Time that the child is in school or child care is not considered.
After determining the total number of visitation
days, refer to the following Visitation Table. The left two columns of
the Visitation Table set forth numbers of visitation days in increasingly
higher ranges. "Reasonable" visitation or visitation consistent with available
county visitation/access guidelines will likely fall within the range
of days between 72 and 129. Adjacent to each range is an adjustment percentage.
The visitation adjustment is calculated as follows: Locate the total number
of visitation days per year in the left columns of the Visitation Table
and select the adjustment percentage from the adjacent column. Multiply
the Basic Child Support Obligation determined under Section 7 by the appropriate
adjustment percentage. The number resulting from this multiplication then
is subtracted from the proportionate share of the Total Child Support
Obligation of the parent who exercises visitation.
VISITATION TABLE
|
Number of
Visitation Days
|
Adjustment
Percentage
|
| 0 -
3 |
0 |
| 4 -
20 |
.012
|
| 21 -
38 |
.031
|
| 39 -
57 |
.050
|
| 58 -
72 |
.068
|
| 73 -
129 |
.187
|
| 130
- 148 |
.255
|
| 149
- 166 |
.289
|
| 167
- 180 |
.323
|
EXAMPLE: The Basic Child Support Obligation from the Schedule is $430
for two children. After making all applicable adjustments under Section
8, the Total Child Support Obligation is $500 and the noncustodial parent's
proportionate share is 60%, or $300. The noncustodial parent has visitation
with the children a total of 100 days. On the Visitation Table, the range
of days for this amount of visitation is from 73 to 129 days. The corresponding
adjustment percentage is .187. Multiply the $430 Basic Child Support Obligation
by .187. The resulting $80.41 is subtracted from $300 (the noncustodial
parent's proportionate share of the Total Child Support Obligation), adjusting
the support obligation to $219.59.
NOTE: The visitation adjustment in this section does not consider certain
costs usually incurred only by the parent having primary physical custody,
such as a child's clothing and personal-care items. Upon proof that in
the best interests of the child such costs are in fact duplicated or equally
shared by the parents or incurred primarily by the noncustodial parent,
the court may make a further adjustment if visitation exceeds 129 days
per year. The amount of this adjustment is limited to 16 percent of the
Basic Child Support Obligation.
If the time spent with each parent is essentially equal, the expenses
for the children are equally shared and gross adjusted incomes of the
parents also are essentially equal, no support shall be paid. If the parents'
incomes are not equal, the total child support amount shall be divided
equally between the two households and the parent owing the greater amount
shall be ordered to pay what is necessary to achieve that equal share
in the other parent's household.
11. Determining the Child Support Order
The court shall order the noncustodial parent
to pay child support in an amount equal to his or her proportionate share
of the Total Child Support Obligation. The custodial parent shall be presumed
to spend his or her share on the children.
EXAMPLE: On the Schedule, the Basic Child
Support Obligation for a Combined Adjusted Gross Income of $1,500 for
one child is $290. To this the court adds $20 because the child is over
12 years of age (approximately 7% in this example). The Total Child Support
Obligation is $310.
The father's share is 60% of $310, or $186.
The mother's share is 40% of $310, or $124. Custody is granted to the
mother and under the court-approved parenting plan visitation will be
exercised by the father a total of 100 days per year. After adjusting
for visitation, the father's share is $131.77. The father shall pay the
child support amount of $131.77 per month. The value of the mother's contribution
is $124, and she spends it directly on the child.
12. Self Support Reserve Test
In each case, after determining the child support
order, the court shall perform a self support reserve test to verify that
the obligor is financially able both to pay the child support order and
to maintain at least a minimum standard of living, as follows:
Deduct $645 (the self support reserve) from
the obligors' Adjusted Gross Income. If the resulting amount is less than
the child support order, the court shall reduce the child support order
to the resulting amount.
EXAMPLE: The Adjusted Gross Income of the
parent paying support is $800. In determining the child support order,
that parent's proportionate share was calculated to be $175. Subtracting
$645 (the self support reserve) from the $800 gross income leaves a remainder
of $155. Because this difference is less than $175, the child support
order must be reduced to $155.
13. Multiple Children, Divided Custody
When each parent is granted physical custody
of at least one of the parties' children, each parent is obligated to contribute
to the support of all the children. However, the amount of current support
to be paid by the parent having the greater support obligation shall be
reduced by the amount of support owed to that parent by the other parent.
EXAMPLE: (For simplicity, this example does
not consider visitation.) Combined Adjusted Gross Income is $3,000 per
month. Father's gross income is $1,000 per month (33.3%) and he has custody
of one child. Mother's gross income is $2,000 per month (66.6%) and she
has custody of two children.
Prepare a Parent's Worksheet to determine
support for children in the mother's household. Locate the Combined Adjusted
Gross Income figure of $3,000 on the Schedule. Select the support figure
in the column for the two children in this household, $766. The father's
share is 33.3% of $766 or $255.08.
Prepare a Parent's Worksheet to determine
support for the child in the father's household. Locate the Combined Adjusted
Gross Income figure of $3,000. Select the support figure in the column
for the one child in this household, $530. The mother's share is 66.6%
of $530, or $352.98.
The mother is obligated to pay the father
$352.98 for child support. This amount is reduced by the $255.08 obligation
owed by the father to the mother. Thus, the mother shall pay $97.90 per
month.
14. Support Assigned to the State
If support has been assigned to the state under
Arizona Revised Statutes Section 46-407, the obligation of a parent to pay
support shall not be offset by child support arrearages that may be owed
to that parent.
15. Travel Expenses Associated with Visitation
The court may allocate travel expenses of the
child associated with visitation. In doing so, the court shall consider
the means of the parents and may consider how their conduct (such as a change
of residence) has affected the costs of visitation. To the extent possible,
any allocation shall ensure that the child has continued contact with each
parent. A parent who is entitled to receive reimbursement from the other
parent for allocated visitation expenses shall, upon request of the other
parent, provide receipts or other evidence of payments actually made. The
allocation of expenses does not change the amount of the support ordered.
16. Gifts in Lieu of Money
Once child support has been ordered by the
court, the child support is to be paid in money. Gifts of clothing, etc.
in lieu of money are not to be offset against the support order except
by court order.
17. Deviations
a. The court shall deviate from the guidelines,
i.e., order support in an amount different from that which is provided pursuant
to these guidelines, after considering all relevant factors, including those
set forth in Arizona Revised Statutes Section 25-320, and applicable case
law, only if all of the following criteria are met:
1. Application of the guidelines
is inappropriate or unjust in the particular case,
2. The court has considered
the best interests of the child in determining the amount of a deviation.
A deviation that reduces the amount of support paid is not, by itself,
contrary to the best interests of the child,
3. The court makes written
findings regarding 1 and 2 above,
4. The court shows what the
order would have been without the deviation, and
5. The court shows what the
order is after deviating.
b. The court may deviate from the guidelines
based upon an agreement of the parties only if all of the following criteria
are met:
1. The agreement is in writing,
2. All parties have signed
the agreement with knowledge of the amount of support that would have
been ordered by the guidelines but for the agreement,
3. All parties have signed
the agreement free of duress and coercion, and
4. The court complies with
the requirements of Section 17.a.
18. Third-Party Care Givers
When a child lives with a third-party care
giver by virtue of a court order, administrative placement by a state agency
or under color of authority, the third-party care giver is entitled to receive
support payments from each parent on behalf of the child.
19. Court's Findings
The court shall make findings in the record
as to: gross income, Adjusted Gross Income, Basic Child Support Obligation,
Total Child Support Obligation, each parent's proportionate share of the
child support obligation, and the child support order.
The findings may be made by incorporating
a worksheet containing this information into the file.
The child support order shall be set forth
in a sum certain and start on a date certain. A new child support order
shall be filed upon any change in the amount or due date of the child
support obligation.
20. Exchange of Information
The court shall order that every twenty-four
months financial information such as tax returns, financial affidavits,
and earning statements be exchanged between the parties.
Unless the court has ordered otherwise,
at the time the parties exchange financial information, they shall also
exchange residential addresses and the names and addresses of their employers.
21. Modification
a. Standard Procedure
Pursuant to Arizona Revised Statutes Sections
25-503 and 25-327, either parent or the state title IV-D agency may ask
the court to modify a child support order upon a showing of a substantial
and continuing change of circumstances.
b. Simplified Procedure
Either parent or the state title IV-D agency
may request the court to modify a child support order if application of
the guidelines results in an order that varies fifteen percent or more
from the existing amount. A fifteen percent variation in the amount of
the order will be considered prima facie evidence of substantial and continuing
change of circumstances. A request for modification of the child support
amount must be accompanied by a completed and sworn "Parent's Worksheet
for Child Support Amount," and documentation supporting the incomes if
different from the court's most recent findings regarding income of the
parents. If the party requesting the modification is unable to provide
documentation supporting the other party's income, the requesting party
shall indicate that the income amount is attributed/estimated and state
the basis for the amount listed. The state title IV-D agency may submit
a parent's worksheet.
The simplified procedure also may be used
by either parent or the state title IV-D agency to modify a child support
order to assign or alter the responsibility to provide medical insurance
for a child who is subject of a support order.
A copy of the request for modification of
child support and the "Parent's Worksheet for Child Support Amount," including
supporting documentation, showing that the proposed child support amount
would vary fifteen percent or more from the existing child support order
shall be served on the other parent, or on both parents if filed by the
state title IV-D agency, pursuant to Rules 4.1 and 4.2, Rules of Civil
Procedure.
If the requested modification is disputed,
the parent receiving service must request a hearing within 20 days of
service. If service is made outside the state, as provided in Rule 4.2,
Rules of Civil Procedure, the parent receiving service must request a
hearing within 30 days of service.
A party requesting a hearing shall file
a written request for hearing accompanied by a completed and sworn "Parent's
Worksheet for Child Support Amount." Copies of the documents filed, together
with the notice of hearing, shall be served on the other party and, if
appropriate, the state title IV-D agency by first class mail not less
than ten judicial days prior to the hearing.
Upon proof of service and if no hearing
is requested within the time allowed, the court will review the request
and enter an appropriate order or set the matter for hearing.
If any party requests a hearing within the
time allowed, the court shall conduct such hearing. No order shall be
modified without a hearing if one is requested.
The notice provision of Rule 55, Rules of
Civil Procedure, does not apply to this simplified modification procedure.
A request to modify child support, request
for a hearing and notice of hearing, "Parent's Worksheet for Child Support
Amount" and child support order filed or served pursuant to this subsection
must be made using forms approved by the Arizona Supreme Court or substantially
similar forms.
Approved forms are available from the Clerk
of the Superior Court.
22. Effect of Cessation of Support for One Child
If support for more than one child was ordered
under these guidelines and thereafter the duty to support one of the children
stops, the order is not automatically reduced by that child's share. To
obtain a modification to the support order, a request must be made in writing
to the court to recalculate the support obligation pursuant to these guidelines.
The procedure specified in Section 21 may be used for this purpose.
EXAMPLE: The child support order for an
income of $1,500, with four children is $562. One child graduates from
high school and turns 18. In determining the new child support amount,
do not deduct one-fourth of the order for a new order of $421.50. Instead,
determine a new child support order by applying the guidelines. (NOTE:
This method varies from the one used in section 8.b.3.).
23. Income of a Child
Income earned or money received by a child
from sources other than child support shall not relieve a parent of the
support obligation established by these guidelines.
24. Credit for Benefits
Benefits, such as social security disability
or insurance, received by a child as a result of contributions made by the
parent paying support shall be credited as follows:
a. Only the benefits received by the parent
are included as part of that parent's gross income.
b. If the amount of the child's benefit
for a given month is equal to or greater than the parent's child support
obligation, then the parent's obligation is satisfied. Any benefit received
by the child for a given month in excess of the child support obligation
is not treated as an arrearage payment nor as a future payment.
c. If the amount of the child's benefit
for a given month is less than the parent's child support obligation,
the parent must pay the difference.
25. Federal Tax Exemption for Dependent Children
In any case in which the current child support
obligation is at least $1,200 per year, there should be an allocation of
the federal tax exemptions applicable to the minor children which as closely
as possible approximates the percentages of support being provided by each
of the parents. The allocation of the exemptions shall be conditioned upon
payment by December 31 of the total court- ordered child support obligation
for the current calendar year and any court-ordered arrearage payments due
during that calendar year for which the exemption is to be claimed. If these
conditions have been met, the obligee shall execute the necessary Internal
Revenue Service forms to transfer the exemptions. If the obligor has paid
the current support, but has not paid the court- ordered arrearage payments,
the obligor shall not be entitled to claim the exemption.
EXAMPLE: Noncustodial parent's percentage
of gross income is approximately 67% and custodial parent's percentage
is approximately 33%. All payments are current.
If there are three children, the noncustodial
parent would be entitled to claim two and the custodial parent would claim
one.
If there is only one child, the noncustodial
parent would be entitled to claim the child two out of every three years,
and the custodial parent would claim the child one out of every three
years.
For purposes of this section only, an obligor
shall be credited as having paid child support that has been deducted
on or before December 31 pursuant to an order of assignment if the amount
has been received by the court or clearinghouse by January 15 of the following
year.
26. Effective Date
All child support orders in actions filed
after October 31, 1996, shall be made pursuant to these guidelines, whether
they be original orders or modifications of pre-existing orders.
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