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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.
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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.
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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.
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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.
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Rely
on this information at your own risk.
Nothing contained herein constitutes legal advice.
If you have questions or concerns about legal issues, consult an
attorney.
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