What Happens When Child Support Runs Out?

So, when a child reaches adulthood and support payments run out, how is the parent who previously received child support supposed to adjust? One example of a parent finding a new way to pay the bills after child support expires is Britney Spears’ ex-husband, Kevin Federline. The former dancer and musician recently released “You Thought You Knew,” his autobiography which details his romantic and co-parenting relationship with the pop icon. Eagle-eyed fans couldn’t help but notice that this book was published shortly after their two sons, Preston and Jayden, aged out of child support. 

Not everyone has a story to sell to help pay the bills after child support payments end. If you have a child support dispute in Arizona, the up-front costs of legal representation can save you far more in the long run. Don’t put yourself at a disadvantage in any type of legal matter by proceeding without representation. See what types of legal strategies our experienced Arizona family lawyers see as most effective in your situation. Schedule your free consultation by phone today at 480-680-9126 to get started. 

Child Support Expiration

In Arizona, child support doesn’t necessarily stop when a child turns 18 years old. Many children are still in school and require financial support from their parents after their 18^th birthdays. Per A.R.S. § 25-320, child support continues in Arizona until a child has graduated high school or reached 19 years of age. But each state can set its own rules for child support. For example, in Hawaii, where Federline relocated with his children, child support continues until the child is 23 if they are enrolled in school full-time. The child must reside in the state long enough to meet the residency requirement before that state’s child support rules could apply, and the parent may need permission from the court to relocate with a child that they co-parent with someone else. Child support should automatically stop when the child reaches the age of majority, but the parent should confirm that with a request to the court if their income is withheld to pay child support. 

Collecting Child Support Arrearages

A parent’s child support balance doesn’t go away just because the child reaches adulthood if it hasn’t been paid. Unpaid child support remains with the parent and collects interest until the balance is paid in full or the statute of limitations expires. A statute of limitations is the time limit the obligee has to attempt collection, or the obligor can assert a defense to dismiss the claim. Pursuing child support collection after the statute of limitations is considered a reasonable delay. In Arizona, that is 10 years from when the youngest child in common reaches adulthood. 

Ten years is a long amount of time for a parent to pursue back child support from their child’s other parent. Once it has been established that a parent is failing to pay their child support, the court can use a number of methods to enforce payment, such as:

• Contempt of court charges, leading to jail time and fines
• Wage garnishment
• Passport denial
• Tax refund garnishment
• Property liens
• Driver’s license suspension
• Professional license suspension
• Hunting/fishing license suspension
• Bank account levy
• Unemployment or disability benefits garnishment

Can Child Support Be Terminated Before The Child Reaches Adulthood?

In most cases, child support continues until the child turns 19 or graduates high school, whichever comes first. But in some cases, the parent paying support may request to reduce or terminate child support before that date, and in some of those cases, the court might grant the request. In Arizona, two factors must be met for the court to consider modifying child support orders. First, at least 12 months have passed since the last child support orders were issued. Second, there must have been a substantial and continuing change in circumstances to warrant a child support modification. In a child support context, substantial typically means a financial change of at least 10-15%. Continuing means a situation that is not temporary, but likely to persist. 

There are almost limitless life events that might cause a parent to request a child support modification before it is set to expire. If the child is adopted by their stepparent or gets married, child support can be terminated. The parent paying support could lose their job, retire, or otherwise experience a significant reduction in income and no longer be able to afford their child support payments. The parent receiving support could have gotten a new job, remarried, or otherwise experienced a life change, reducing their need for support. If you’re wondering if a child support modification is appropriate in your situation, discuss it with an Arizona family law professional today at 480-680-9126. 

Retroactive Child Support

In Arizona, a parent has the right to pursue retroactive child support from their child’s other parent. This means that they can request compensation for their child’s expenses from further back than the date the legal request is officially made. In Arizona, a parent can request up to 3 years’ worth of retroactive child support. How much retroactive child support the court will order depends on the child’s financial needs during that time, and the parent’s ability to pay. 

Calculating a reasonable amount to request for retroactive child support and obtaining favorable child support orders going forward is crucial to your child’s upbringing and general welfare. It can require clear evidence paired with convincing arguments to convince the court to rule in your favor. Increase your odds of success by retaining an experienced family law attorney for your Arizona child support matter. Schedule your free consultation with Arizona Family Lawyers, LLC, today at 480-680-9126. 

Arizona Family Lawyers For Child Support Issues & More

Whether you’re just initially requesting child support or need to terminate it after several years, quality family law representation can make all the difference in your case. Family law matters can be burdened by resentment and other emotions, making it harder to remain clear-headed during disputes. Let your legal counsel guide you through tough decisions and tense negotiations. Our skilled lawyers are prepared to take family law cases all the way to trial, if necessary. You can feel more at ease knowing that your case is in capable hands. We offer competitive rates and start the process with a risk-free consultation by phone. Schedule your free consultation with Arizona Family Lawyers, LLC today at 480-680-9126 to learn more.