The Supreme Court of Arizona has developed guidelines that domestic relations courts must use in establishing child support. A judge may deviate from these guidelines, but only under certain specific and narrow circumstances. However, when parties agree in writing to a deviation and it's clear that there has been no coercion, the Court is likely to ratify their agreement.

Factors the Court Will Consider

Child support in Arizona is based on the income of both parents. Debts – such as car loans, mortgages and other bills – will not be considered. The income of a parent's new spouse is also not considered except under certain extraordinary circumstances. However, if a parent is paying or receiving child support as ordered by another court, those sums will be factored into the child support computation.

The court may or may not consider the cost of supporting other children for whom no child support orders have been entered. There are adjustments to child support that reflect medical insurance and child care expense. There is an additional adjustment if the child is a teenager which is meant to reflect the added expense incurred while parenting a teen. Extraordinary expenses in raising a particular child may also be taken into account, such as when there are special educational needs. Finally, the court will most often give the parent paying child support an adjustment based on the amount of parenting time he or she has.

The Parenting Time Adjustment

The parenting time adjustment is intended to compensate for the fact that the custodial parent will not have certain expenses when the child is in the care of the non-custodial parent. The Child Support Guidelines determine the amount of the adjustment. Although child support is affected by the number of days the non-custodial parent spends with the child, both parents should consider the best interests of the child when making decisions regarding parenting time. Such decisions should not be based on a parent's desire to receive more, or pay less, child support.

Application of the Guidelines may differ from county to county. For this reason, it is best to consult with an attorney who practices within the county in which the divorce, legal separation, paternity, custody, or child support case will be filed.

Modifying a Child Support Order

Following entry of a child support order, parents will be required to exchange tax returns and other financial documents every 24 months until the obligation to pay support terminates. Once established, child support is subject to modification any time reapplication of the Guidelines results in a sum that is 15% higher or lower than the order currently in effect. Child support is most often modified from the first day of the month following the date a request for modification is filed. In other words, if you file in April, but the Court doesn’t hear the case until June, the order will be retroactive to May 1st.

In paternity cases, if the court determines the non-custodial parent has failed to appropriately support the child, it may order up to three years of retroactive child support. If that occurs, the retroactive support will be in the form of arrearages and the court will order an additional sum to be paid toward those arrearages until they have been paid-in-full.

Termination of Child Support

A parent's obligation to pay child support normally terminates when the child turns 18 and graduates from high school, turns 19, dies or is emancipated (whichever occurs first). However this may not apply to a child who has severe special needs that cause him or her to remain dependent past the age of majority. In addition, even though the obligation to pay child support terminates, you may still have to file a petition to terminate child support and vacate any wage assignments that are in place.

Child Support and Parenting Time

Child support is a separate issue from non-custodial parenting time. A parent must pay child support even if he or she is denied access to the child. Likewise, one parent cannot refuse to let the other see the child because support is not being paid. A party who unreasonably withholds access risks losing custody, and one who fails to pay child support risks having his or her driver’s license suspended, being incarcerated, or facing other penalties. In both instances, the party taking unreasonable action may incur sanctions, such as being held in contempt of court and/or being ordered to pay the other's attorney's fees.

If you believe extreme circumstances exist to justify withholding parenting time to protect your children, consult with an attorney. The attorney can advise as to whether the court is likely to agree that the other parent's time with the children should be suspended, or if you are likely to face sanctions for unreasonably withholding access. If you cannot consult with an attorney, it is essential you file the appropriate pleadings with the court as quickly as possible.

Consulting An Attorney

An attorney can help determine the amount of child support the court is likely to set, and – when support has already been established – whether it is appropriate to seek modification. Although child support is one of the least discretionary issues in domestic relations law, there are some aspects that may be subject to argument. For example, a party's income may be based on self-employment earnings that are difficult to assess. In other instances, the court may attribute income to a party who has chosen to limit his or her earnings.

As is true regarding all domestic relations issues, I recommend you consult with an attorney before taking any action that will impact your rights and obligations. Even if you choose not to retain counsel, it is important you understand the legal issues you will face when representing yourself.