Divorce in Arizona is a complex process, especially when it comes to child support. Whether you are a custodial parent or a non-custodial parent, it is essential to understand the child support guidelines set forth by the Arizona child support system.
This article will cover the necessary information you need to know about child support guidelines in Arizona divorce cases, including the calculation of child support, parenting time calculation, factors that affect child support payments, modification of child support, enforcement of child support orders, and other relevant information.
Calculation of Child Support
Child support in Arizona is determined using specific formulas that take into account various factors, such as the gross income of both parents and the number of children involved. The state laws require that a minimum amount of child support must be paid based on guidelines set by the Arizona Supreme Court.
When calculating support, the court considers many factors such as:
- Gross Monthly income of both parents
- Medical insurance costs
- Child care costs
- Extraordinary expenses incurred for the child such as tuition, medical expenses, extracurricular activities
- Parenting time arrangements
The formula used for calculating child support payments is based on a percentage of the parent’s income, with a maximum cap at $20,000 per month. The percentage changes depending on the number of children involved. For example, for one child, the percentage is 15% of the paying parent’s gross monthly income. For two children, it increases to 25%, for three children, it is 35%, and for four or more children, the percentage is 45%.
Parenting Time Calculation
Parenting time, also known as visitation or custody, is an essential factor in determining child support payments in Arizona. The court considers the amount of time each parent spends with the children when calculating child support. This is known as the Parenting Time Adjustment.
In Arizona, parenting time is calculated based on the number of overnights each parent has per year with the child. If a parent has at least 92 overnights per year, they are considered to have "parenting time" and eligible for a parenting time adjustment credit. This credit reduces the amount of child support paid by the non-custodial parent, based on the number of overnights they spend with the child.
However, if a parent has less than 92 overnight visits, then they do not receive a credit for parenting time, and the standard child support calculation can be applied.
Factors That Affect Child Support Payments
There are many factors that can affect child support payments in Arizona, including:
Deviations from the Guidelines
There may be situations where the court would need to deviate from the guidelines to adjust child support payments. The court has the discretion to make deviations if the calculated support amount would be unfair or inappropriate in certain circumstances.
The most common reasons for deviations are the financial resources and needs of the child, the standard of living the child would have enjoyed if the parents had not divorced, and extraordinary medical expenses or other needs for the child.
High-Income Parents
Arizona child support guidelines provide a maximum cap of $20,000 per month on gross monthly income for child support calculations. However, when a parent’s gross monthly income exceeds this limit, the court may order additional support based on the child’s needs and the parent’s income.
Shared Custody and Parenting Time
As mentioned earlier, parenting time adjustments can be made based on the number of overnights a non-custodial parent has with the child. If both parents have equal or nearly equal parenting time, and the expenses for the child are being shared equally, the court may not order any child support payments.
Health Insurance and Medical Expenses
The cost of health insurance premiums and out-of-pocket medical expenses for the child is also factored into the child support calculation. Health insurance premiums paid by either parent on behalf of the child, including those paid through employment or private health insurance plans, can be added to the child support payment.
Modification of Child Support
Child support orders in Arizona can be modified if there is a "substantial and continuing" change in the circumstances of the child or either parent. A substantial and continuing change in circumstances could be a significant increase or decrease in income, a change in the child’s living arrangements, or a change in the child’s needs.
To modify a child support order, either parent can file a petition with the court requesting a modification. The court will then review the petition, and if the requested modification meets the legal requirements, they will approve the modification. Until the modification is granted, the parents are still obligated to follow the current support order.
Enforcement of Child Support Orders
Enforcing child support orders in Arizona is essential to ensure that children receive the financial support they need. Failure to comply with court-ordered child support payments can result in serious consequences, including wage garnishments, property liens, loss of driver’s license or professional license, and even imprisonment.
The Division of Child Support Services (DCSS) of the Arizona Department of Economic Security (DES) provides assistance in enforcing child support orders. They can help locate a non-custodial parent, establish paternity, establish or modify child support orders, and initiate legal action against the non-custodial parent for support arrears.
Conclusion
Child support can be an emotional and difficult issue in divorce cases, but understanding Arizona’s child support guidelines can help alleviate some of the stress and confusion. It is crucial to know the factors that affect child support payments, how parenting time is calculated, and the options for modifying or enforcing support orders. With this information, you can be better prepared to navigate the complex process of divorce and child support in Arizona.