Child Support

Every parent has a duty to support their children. Failure to support one's child is A Class six felony, a criminal offense. Very few persons are, however, prosecuted criminally for non-support. Most litigation concerning child support occurs in the domestic relations division of the Superior Court in the context of divorce, legal separation and paternity proceedings.

Although each parent has a duty to support their children it is generally the non-custodial parent who pays support. This is because the custodial parent is presumed to pay their share of the child's support directly.

Arizona, like most other states, has pursuant to federal law, enacted guidelines which provide for the specific calculation of child support. The Child Support Guidelines adopted by the State Of Arizona require that the parties in any support proceeding submit to the Court at the time of trial or as part of any order a parent child support worksheet showing the specific amount of support which they request the Court to order and how it was arrived at. These guidelines, and the worksheet prepared in accordance with such guidelines, take into consideration the gross monthly income of each parent, the cost each parent bears to support other children, the allocation of parenting time with the subject child(ren), the cost of day care and medical insurance for the child(ren) and other, extraordinary expenses required or agreed upon for the benefit of the minor child(ren). The base child support amount is derived from a table which takes into consideration the parties' joint adjusted gross income and the number of children at issue. Check this hyperlink for a sample parent child support worksheet.

In order for the Court to deviate from the guideline child support amount, the Court must make certain findings. The Court must, in particular, find that neither party was coerced into accepting the deviation and that the deviation is in the best interests of the child(ren).

The obligation to provide child support continues until the child attains the age of eighteen or is emancipated, except that it may continue to a later date if the child continues to be enrolled in high school or an equivalency program. In the case of a mentally or physically disabled child the obligation can extend past the age of majority as the court deems appropriate.

The law requires that the Court order that all orders of child support be paid pursuant to wage assignment where the payor's employer is ordered to deduct the child support from the payor's wages and sent it directly to the Court who maintains a record of payment and forwards each payment to the custodial parent.. The failure of an employer to make such withholding does not excuse the payor from payment and self employed persons must pay directly through the Court.

The obligation of support is enforceable in a number of ways:

Child support orders require that the parties exchange certain financial information at least every twenty-four months following entry of the support order. Either party may, however, upon the occurrence of a substantial and continuing change of circumstances, file a motion to modify their child support obligation.

The Court, also, as part of a child support order, is required to assign responsibility for providing medical insurance for the minor child(ren) and paying uninsured medical expenses incurred on behalf of the minor child. The Court may, also, allocate the tax dependency deduction for the minor child. The Court can, also, assign responsibility for costs of travel to exercise visitation. The costs and benefits described in the this paragraph are generally allocated in proportion to the parties' contribution of support for the minor child as set forth in the parent child worksheet.

The Court retains jurisdiction to modify a child support award at any time upon a showing of substantial and continuing change of circumstances. A threshold change of support in the amount of 15% is required to obtain a modification.

The specific amount of child support required in your case may be calculated as part of the form which you purchase from the Law Store. In all of the Dissolution of Marriage, Legal Separation and Paternity forms such calculations are made for you based upon the information you provide and the required forms including the parent child support worksheet, order of assignment and judgment data sheet are prepared for you to submit to the Court. You may, also, from the Law Store purchase only the child support calculations and supporting documents.

In the event that you have questions which go beyond the analysis presented here or are involved in a complex and adversarial custody/support legal proceeding, you should consult with and obtain the assistance of an attorney versed in these issues. The Law Offices of Bill King P.C. are available to provide such assistance to you. If you need assistance or do not have a computer, you may, alternatively make an appointment with the Lawvue Host nearest you.

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