Arizona's Child Support Laws
Resolving child support disputes in Arizona can be challenging. Parents must consider a number of different factors, and may disagree on even the most basic issues.
October 14, 2009 /24-7PressRelease/ -- Arizona's Child Support Laws
Article provided by Law Firm of M. Paul Fischer, P.C.
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The goal is for the total child support amount to approximate the amount that would have been spent on a child if the parents and the child were living together. As stated in the purposes section of the Guidelines, the guidelines are created to establish a standard and uniform method for calculating child support; to provide parents and the Court guidance in the establishment of child support and to provide a consistent amount of child support for the reasonable needs of children. Child support applies to all natural children whether born in or out of wedlock and also applies to all adopted children of the parties. The support of other children such as stepchildren or the support of other individuals done on a voluntary basis, while commendable, does not serve as a reason to adjust the amount of child support which would be calculated under the state guidelines.
In a recent Court of Appeals decision entitled East v. Matthews, the Court reaffirmed the concept that the standard of living that the child would have enjoyed if the parties and the child had lived together is applicable not only to divorce cases but also to paternity cases. The appellate court held that the party seeking a sum greater than the presumptive amount shall bear the burden of proof to establish that a higher amount is in the best interests of the child. This can be done by taking into account such factors as the standard of living the child would have enjoyed if the parents and the child were living together and the needs of the child in excess of the presumptive amount.
There are other factors which can impact the current child support calculation. For example, the definition of gross income and adjusted gross income as used in the Guidelines do not have the same meaning as when they are used for tax purposes. Gross income for child support calculation purposes includes income from any source and may include but is not limited to income from salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes and spousal maintenance (alimony). Also, cash value shall be assigned to in-kind or other non-cash benefits. Normally, the Court will not attribute income greater than that which would have been earned from full time employment. Each parent shall have the right to choose to work additional hours through overtime or at a second job without increasing the child support award.
Defining income is not always easy. In the case of Hetherington v. Hetherington, the trial court was instructed that it must consider the amount an employer contributes toward a party's benefits in determining a party's income for purposes of computing child support. Benefits that must be considered include contributions to retirement income and health insurance. Workers compensation insurance contributions do not need to be considered. The trial court may consider a deviation from the child support guidelines if the inclusion of the benefits would artificially inflate a parent's income. One particular element of the child support calculation formula concerns a situation in which child support is paid for two children and the oldest child is emancipated. Does the child support amount automatically decrease in light of a parent's continuing duty to pay child support for the remaining minor child? The answer is no. In the case of Guerra v. Bejarano, the appellate court determined that in such a situation the parent was required to make a written request to the Court for modification of child support and in so doing, allow the Court to apply the child support guidelines to calculate a new child support obligation. Statutes prohibiting retroactive modification of child support to a date prior to the date in which a written request for modification is filed, means in effect that a parent paying child support should not simply assume that child support will automatically be decreased when the oldest child is emancipated. The support payor must be proactive in filing the request to recalculate child support.
Arizona is in the process of reviewing its child support guidelines. This review process occurs approximately every 4 years in order to insure that the guidelines meet the demands of a changing society. This review process is part of a federal mandate. Federal law requires states to have child support guidelines that are: (a) applicable state wide; (b) take into consideration the non-custodial parents earnings and income; (c) are based on specific numeric and descriptive criteria; (d) results in a computation of the child support obligation; and (e) are reviewed and if necessary, revised, at least once every four years. There will be changes to the maximum combined gross income for child support and there will be changes to definitions to gross income. For example, one proposal is to indicate that cash value may be assigned to in-kind or other non-cash benefits for recurring contributions from any sources that reduce living expenses as opposed to making that a "shall" provision. A revised chart is being proposed for use in terms of defining adjustments for support of other children. These would be children for which the parent is legally obligated to support including children being supported by court order. There will also be provisions as proposed in the new guidelines to discuss situations when a parent's income as the obligor is over $12,000 monthly. Recognition of possible changes to Arizona Child Support Guidelines is important.
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