What is Child Support And When Does It Occur In Arizona?

Custody is the legal ability to make decisions about a child or minor’s welfare and development. In Arizona, divorced parents have a legal obligation to support the children from the marriage, whether the children are natural-born or adopted. There are different types of custody arrangements in Arizona, and the custody arrangements determine who the child lives with and makes decisions on the child’s behalf. Divorced parties with minor children, or children under 18 years old, are required to submit a parenting plan to the court as part of the divorce requirements. The parenting plan typically contains the parents’ decisions on child support, visitation time, and other child welfare issues. If parents disagree, the court may decide on the matter. As provided by state laws, both parents are expected to support the child, regardless of which parent has custody. The Division of Child Support Services (DCSS) enforces child support payments in Arizona.

Records that are considered public may also be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

What is Arizona Child Support?

Arizona state laws (ARS § 25–500) define child support as providing a minor’s maintenance, which includes but is not limited to medical insurance, uncovered medical costs, cash medical support, public assistance reimbursement, arrearages, interest on arrearages, past support and interests accrued on past support. In Arizona, both the custodial and non-custodial parents have the legal responsibility to support a child. However, the court determines the amount each parent pays in support of the child. Both parents are generally required to pay child support to each other in cash. Child support typically ends when a child reaches the age of majority, that is, on the last day of the month the child turns 18, graduates from high school, or turns 19 without graduating. Arizona Child Support Guidelines guide child support in the state. In determining the child support guidelines, the court considers, amongst other factors:

• The child’s needs and resources
• The custodial parent’s needs and financial resources
• The child’s educational needs
• The child’s emotional and physical condition
• The non-custodial parent’s needs and financial resources
• The child’s medical needs and support plans
• Parenting time and related expenses

What Does Child Support Cover in Arizona?

In Arizona, child support covers a variety of things, including:

• Education: Child support covers tuition costs, uniforms, books, school trips, school lunch, and, if the child requires one, a private tutor.
• Childcare: When one or both parents are not available to supervise the child, child support covers alternatives such as daycares, nannies, and babysitters.
• Basic needs: A child's basic needs are food, clothes, and shelter. Child support covers things like groceries, mortgage, rent, utility bills, and gas.
• Medical needs: Child support provides for health insurance, out-of-pocket medical expenses, and all other medical needs.
• Travel: Child support also covers a child’s travel needs, including school trips, insurance and registration, transportation fares, gas fees, and car payments.
• Entertainment: Toys, games, computers, TV, and internet access are also important parts of a child’s development. Child support covers entertainment and outings.

What is the Average Child Support Payment in Arizona?

The child support payment amount depends on the parents’ combined income and the number of children. Arizona has a Child Support Calculator, a tool that advises parents on possible child support amounts. Users may enter information such as:

• Case number
• Petitioner’s name
• Respondent’s name
• Time-sharing arrangement
• Number of children
• Children’s ages
• Parents’ income

However, it is worth noting that the Child Support Calculator may not accurately reflect the court’s decision. The court values the child’s well-being above all else. Therefore, additional factors are considered when determining the child support amount, including the child’s needs, the parents’ financial ability, and other circumstances surrounding the case.

How Do I Apply For  Child Support in Arizona?

A child support order indicates the monthly payment amount that the non-custodial parent is expected to pay, or in a case where the child is in a guardian's or relative’s care, or foster care, the amount that both parents must pay. The child support order also lists the parent responsible for medical support. Parties are eligible for a child support order if:

• The child is less than 18
• The child’s paternity is established
• The child’s parents never got married
• The divorced parents did not have a child support order at the time of divorce
• The child is in the care of an agency, caretaker, or another party
• Both parents received legal notice of the child support order establishment

To apply for child support, parties are typically required to provide:

• The child’s birth certificate
• Paternity orders
• The other parent’s name and social security number
• The name and address of the other parent’s employer
• Records of payments that the petitioning parent has received directly
• Adoption documents (if applicable)
• Marriage license and divorce decree (if applicable)

Interested parties are required to file the Request for Child Support Services form with additional pages for each child. Petitioning parties may file the completed forms by email, drop-off at a local DCSS office, or by mail to:

P. O. Box 40458
Phoenix, AZ 85067

How Do I Get Out of Paying Child Support in Arizona?

Interested parties may contest child custody orders by requesting an amendment or alteration from the judge who issued the order. Interested parties may also file a motion for a re-trial within 15 days of the court’s first order. The conditions under which the party may request a retrial are:

• The other party had misconduct
• The petitioner has new evidence
• The petitioner was denied a fair trial
• The judge did not accept the petitioner’s evidence at the first trial
• There was no justification for the judge’s judgment

Additionally, if the petitioner has recently discovered misconduct or fraud by the other parent or made a mistake in the first trial, the petitioner may request relief from the court's child support order.

Other reasons why a person or a party may wish to stop child support payments or file for modification include:

• The custodial parent’s financial situation changed
• The parents get back together
• The non-custodial parent can no longer afford the child support amount

What is Back Child Support in Arizona?

Back child support, or retroactive child support in Arizona, is the child support amount owed to the custodial parent by the non-custodial parent. According to (ARS § 25–230), the court may enforce retroactive child support for several reasons:

• Either or both parents owe child support
• There was no child support order at the time of the parents’ divorce
• The parties were separated before filing for divorce

How Do I Get Back Child Support Paid in Arizona?

Persons interested in getting retroactive child support may file for services with the Division of Child Support Services (DCSS). The DCSS aids in the enforcement of child support laws; the DCSS may intercept the non-paying parent’s lottery winnings, revoke the non-paying parent’s driver’s license, or seize the non-paying parent’s assets.

The custodial parent may also file a Motion for Contempt or Child Support Enforcement petition with the family court.

Is There an Arizona Statute of Limitations on Child Support?

The statute of limitation on child support in Arizona is three (3) years for parties who separated and lived apart before filing for divorce. This means that, except the court finds it necessary to expand the window, a person may collect retroactive child support for the three years before the person filed the motion in court. For all other intents and purposes, statutes of limitation do not apply to child support in Arizona.