Child Support
The Arizona child support guideline model attempts to approximate the amount that would have been spent on the children if the parents and children were living together. The basic child support amount is derived from a determination of the gross income of both parents. The basic child support obligation is
divided between the parents in proportion to their adjusted gross incomes.
Adjustments to gross incomes include an offset for the support obligation of children not common to the relationship, the cost of the children’s medical, dental and/or vision insurance coverage, childcare costs (if any), older child adjustment and parenting time exercised by each parent. There may be additional adjustments for educational expenses, and extraordinary child needs.
The basic child support obligation is based on expenditures for children living in intact households. Therefore, the adjustment for costs associated with exercising parenting time, take into consideration the portion of costs for children normally expended by the custodial (or primary residential parent) that is shifted to the noncustodial parent when exercising parenting time. Parenting time is calculated primarily in parenting days (blocks of 24-hour days). When a parent exercises less that a 24-hour block of time then parenting days are calculated as with a period of 12 house or more counted as one day, a period of 6 to 11 hours counted as a half-day, and a period of 3 to 5 hours counted as a quarter-day. Periods of less than 3 hours may count as a quarter-day, if during those hours, the noncustodial parent pays for routine expenses of the child, such as meals.
If parenting time is equally shared by each parent, the expenses for the children are equally shared. If the parents’ incomes are not equal, the total child support amount is equally divided between the two households and the parent owing the greater amount will be ordered to pay what is necessary to achieve that equal share in the other parent’s household.
A self support reserve test is performed to verify that the noncustodial parent is financially able to both pay child support and to maintain a least minimum standard of living. The self support reserve test is incorporated into most child support calculators.
Child Support Modification
A child support modification is a process wherein a parent asks the court to change or modify the amount of child support paid or received under a prior court order. Support modification is appropriate if there has been a change of income of either parent, or other changes, such as child care costs or health insurance premiums.
In Arizona, two options are available to change the child support amount:
- The "Standard Procedure" can be used if either parent or the state child support agency can show the court that there is a "substantial and continuing" change in circumstances.
- The "Simplified Procedure" can be used if the amount would increase or decrease by 15% from the existing amount. A change of 15% is assumed to be proof that the change is "substantial and continuing."
Factors that the court may determine to be a substantial and continuing change include:
- A raise or cut in the salary or other regular income of either parent
- A change in the custody of a child
- Addition of health insurance or a change in the availability of health insurance coverage
- Obligation of either parent to support other children
- Additional unexpected medical or educational expenses
- Additional expenses for special needs of gifted or handicapped children
- Additional expenses for court-ordered supervised parenting time or supervised exchanges
- Increased cost in caring for the children
If the parent filing the modification does not know the income amount of the other parent, they should indicate that the amount has been estimated. A parent has the right to request income verification from the other parent's employer.
The court may order the new child support amount to start on the first day of the month following notice of the filing of a petition to modify child support. Check the new court order to verify the starting date.
Child Support Arrears (Modification and Settlement)
Past due child support arrears cannot be modified with the exception of some unique circumstances. Any amount that may have accrued as an arrearage (also called past due support) before the date of notice of the motion or order to show cause to modify or terminate support cannot be modified unless it meets some unique exceptions. Negotiating a settlement of arrears is, however, possible if the parties agree in writing. Settling child support arrears is more complex if it is a Title IV case and the Department of Child Support Enforcement, Attorney General’s Office may have to be consulted and agree to, any proposed settlement. In some Title IV cases, the State of Arizona may be owed reimbursement, plus interest, for assistance provided to the parent receiving child support.
Order to Stop Child Support
Child support terminates when the child reaches the age of majority (18) or until the child graduates from high school, if the child does not graduate until 19 years of age. There are exceptions to this rule for child with a severe mental disability according to Arizona child support law. Wage Assignment and the duty to pay child support, continues until child support arrears are satisfied, unless the receiving parent consents to otherwise.
Although many child support orders being granted today, include a presumptive termination date, you may have to file for an order to stop child support to prevent continued assignment of your wages. In order to obtain an order to stop child support, your child support must be current, with no arrears owed or the receiving parent must agree to stopping the child support and sign accordingly. If your child support obligation is scheduled to terminate soon, consider preparing the appropriate petition ahead of time, to allow for immediate filing following the date due to terminate.
If owe child support arrears and your child is 18 years of age and has graduated from high school or is no longer attending school, now may be a good time to attempt to obtain a favorable arrears settlement. If you are in a position to make a lump sum payment, you may be able to obtain an agreement from the receiving parent to accept substantially less that what is owed in full and final payment. If you have a Title IV case with the Department of Child Support Enforcement, the Attorney General’s Office may have to be consulted and agree to, any proposed settlement. In some Title IV cases, the State of Arizona may be owed reimbursement, plus interest, for assistance provided to the parent receiving child support. The State of Arizona, through the Attorney General’s Office, may accept a settlement for arrears owed to the state, as well.
|
