Child Support

Child support is a monthly payment by one parent to usually the custodial parent for the care and maintenance of their shared child. As in divorce and custody issues, decisions regarding child support must be made in the best interests of the child.

Almost all income is included in  child support calculations. This can be wages, interest and dividends on stocks and other investments, pensions, capital gains, veterans’ benefits, lottery winnings, worker’s compensation benefits, unemployment benefits, and annuities.

If you petition your ex for child support, they will be required to appear before the court. The court will require them to provide proof of income through forms like pay stubs, tax documents, and bank statements.

A court overseeing a divorce and custody case will not allow this. The child in question has the right to adequate support from both parents. A parent can also not agree to waive past-due child support.

There are four ways to establish paternity in Arizona:

·   If the father was married to the mother during 10 months before the child was born, paternity will be assumed.

· If the parents were unmarried, they can both sign the birth certificate to establish paternity.

· If the father fails to sign the birth certificate, both parents may sign a voluntary acknowledgment of paternity.

If the father is denying paternity of the child, the mother can request genetic testing through the court. If the test comes back with 95% or more probability that he is the father, the court will deem him such and require child support, allow visitation, etc

Child support is only presumed to be terminated at 18, instead of automatically stopped. Support may continue until the child graduates high school or turns 19, whichever comes first. The parent paying support will need to petition the court to modify the support once any of those requirements are met.

Arizona Child Support is calculated using the Arizona Child Support Guidelines found in Revised Statutes Section 25-320. The first step to calculating child support is to determine each parent’s gross income. Gross income is discussed above. Once the total gross income is found, the judge will use the guidelines to determine how much support the child is entitled to, and assess how much of it each parent must pay.

The court will look at a number of factors when determining the amount to pay. If one parent shoulders the bill for health insurance and daycare, this will be factored into their child support payments. Children over 12 are deemed to have more expenses. Some children, such as those with chronic illnesses, have extraordinary expenses that must be taken into account. If a parent lives out of state and transportation is required for visitation, this may also play a part in child support calculations. Child support can also be affected by which parent is claiming the child on their tax returns and the amount of parenting time each parent has.

You can collect child support for up to three previous years. Once that order is in place,  past-due child support debt  won’t expire. There is no statute of limitations for pursuing arrearages from the other parent.

To lower child support payments, you will need to proceed with a modification as described above. Be careful when requesting a modification, because you may end up paying more support. You also will be barred from requesting a modification again for at least one year, so you could be locked into one year of payments you can’t afford if you are fired from your job or experience a similar decrease in income. Past-due child supports can’t be lowered.