Overview:
Arizona courts view child support as being the "right of the
child," and therefore, is not affected by non-financial factors such as a
parent’s unlawful decision to withhold visitation. The amount of child
support is determined in accordance with guidelines established by
the Arizona Supreme Court, known as the "Arizona Child Support
Guidelines." The enactment of child support guidelines was an
effort to eliminate arbitrariness in the determination of child support
awards that befell courts from time to time. Therefore, out of the
myriad of issues in family law proceedings, the calculation of child
support allows for the least amount of discretion by a judge. The
calculation of child support begins with the determination of the
parents’ ability to pay, usually by the actual income reported to the
IRS. The total child support amount approximates the amount
that would have been spent on the children if the parents and children
were living together. Each parent contributes his or her proportionate
share of the total child support amount.
Factors:
1. Income of both parents
Gross income includes income from
any source, and may include income from salaries, wages, commissions,
dividends, and employment related reimbursements such as a car
allowance. Generally, courts do not attribute greater income than what
would have been earned from full-time employment unless that income was
historically earned from a regular schedule and is anticipated to
continue into the future. Courts do not attribute additional income to a
parent if would require an extraordinary work regimen. In determining
self-employment income, 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.
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 law, 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
childcare expenses may also be attributed.
2. Number of Children
The
child support obligation is determined by income and the number of
children common to the parties.
3. Medical and child care expenses
The
child support order usually includes a determination of which parent
will be responsible for obtaining and paying for medical and dental
insurance as well as child care expenses. The parent who incurs these
expenses is entitled to an adjustment to their child support obligation
to reflect payment of these expenses. In most cases, any uncovered
medical expenses will be allocated between the parties in accordance
with their proportionate share of income.
4. Parenting time
adjustment
The non-custodial parent is entitled to an adjustment to the child
support obligation to compensate for the time when the child is in that
parent’s care. The child support guidelines determine the amount of this
adjustment.
Deviation From
Child Support Guidelines:
The parties may agree in writing to deviate from the child
support guidelines subject to approval by the court. In order to approve
any deviation, the court must make findings that the deviation is in
the best interests of the child(ren).
Modification of Child Support:
The
child support order is an order of the court, and therefore, only the
court itself can change this order. If a change in circumstances occurs,
the parent seeking a new child support calculation must petition the
court for a modification of the award. Examples of a change in
circumstances justifying a modification include:
The non-custodial
parent has more visitation with the child(ren).
The non-custodial
parent has less visitation with the child(ren).
Either parent has a
significant increase or decrease in annual income.
A significant
increase or decrease in the child(ren)’s expenses occurs.
Termination of Child Support:
A parent’s obligation to pay child support terminates when the
child turns 18 and graduates from high school, turns 19, dies or becomes
emancipated. The court may order support to continue past the age of
majority if the child is severely mentally or physically, the child is
unable to live independently, and the disability began before the child
reached the age of majority. However, even though a parent’s obligation
to pay child support terminates, it may be necessary to file a petition
to terminate child support and vacate any wage assignments that are in
place.
Enforcement of a Child Support Order:
The child support
order is an order of the court. If a non-custodial parent is late in the
payment of child support that parent can be found in contempt of court.
Non-payment of child support can result in such penalties as jail time
and revocation of driver’s license.
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