Getting Child Support in Arizona

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What is Child Support

Child support is a financial obligation paid by a non-custodial parent to help cover a child’s living expenses. It ensures the child’s basic needs, like food, shelter, clothing, education, and healthcare, are met. In Arizona, the amount is determined using the Income Shares Model, based on both parents’ incomes and custody arrangements. Non-payment can lead to legal consequences, including wage garnishment and contempt of court.

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How is Child Support Calculated?

Arizona utilizes a standardized approach to calculate child support, guided by the Arizona Child Support Guidelines. These guidelines were established to ensure that children receive fair financial support from both parents, reflecting their needs and the parents’ financial capabilities.

The calculation method considers various factors, from income and parenting time to specific expenses related to the child’s care, to determine an equitable support amount.

Key Factors in the Calculation:

  1. Combined Gross Income:

    • The court combines the gross income of both parents, including wages, salaries, bonuses, and other sources of income.
    • Example: If Parent A earns $60,000 annually and Parent B earns $40,000, their combined gross income is $100,000.
  2. Number of Children:

    • The amount of support is influenced by the number of children requiring support.
  3. Parenting Time:

    • The amount of time each parent spends with the children is factored into the calculation. More parenting time generally reduces the amount owed by the non-custodial parent.
  4. Childcare Costs:

    • Necessary childcare expenses, such as daycare or after-school care, are included in the support calculation.
  5. Healthcare Costs:

    • The cost of health insurance and any uninsured medical expenses for the child are considered.
  6. Extraordinary Expenses:

    • Any additional costs that are necessary for the child’s well-being, such as special education or medical needs, are also considered.

Is Child Support Taxable?

Child support payments are not taxable for the receiving parent and are not deductible for the paying parent. This ensures that the full amount is used for the child’s benefit without tax implications.

Can You Get a Passport if You Owe Child Support?

Owing child support can significantly impact your ability to obtain or renew a passport. Under federal law, if you owe more than $2,500 in child support, your passport application may be denied. To address this issue, you must pay the overdue amount or establish a payment plan and obtain a release from the child support enforcement agency.

How to File For Child Support

Filing for child support in Arizona involves several steps to ensure the proper establishment of support orders. 

  1. Complete the Application:

    • Obtain the child support application form from the Arizona Department of Economic Security (DES) website or your local DES office.
    • Fill out the application with detailed information about both parents and the child involved.
  2. Gather Necessary Documentation:

    • Provide proof of income for both parents, such as pay stubs, tax returns, or any other relevant financial documents.
    • Include documentation of parenting time arrangements and any expenses related to the child’s care, such as healthcare and childcare costs.
  3. Submit the Application:

    • Submit the completed application and all required documentation to the DES office.
    • Ensure that all information is accurate and complete to avoid delays in processing.
  4. Attend a Court Hearing:

    • If required, attend a court hearing where a judge will review the application and consider all relevant factors.
    • The judge will issue a child support order based on the Arizona Child Support Guidelines, taking into account the income of both parents and the needs of the child.
  5. Follow Up on the Order:

    • Once the order is issued, ensure that both parents comply with the support terms.
    • Monitor payments and keep records of all transactions to ensure ongoing compliance.

Can Child Support Be Taken From SSI Disability?

Generally, child support cannot be taken from Supplemental Security Income (SSI) disability payments, as SSI is designed to meet basic needs for food, clothing, and shelter for individuals with limited income and resources.

However, other disability benefits, such as Social Security Disability Insurance (SSDI), can be subject to child support orders

What Happens If You Don't Pay Child Support?

Failing to pay child support in Arizona can lead to legal and financial consequences. The state employs various enforcement mechanisms to ensure compliance with child support orders.

Consequences of non-payment include:

1.) Wage Garnishment:

The state can garnish your wages to collect overdue child support payments directly from your paycheck.

2.) Seizure of Tax Refunds:

Federal and state tax refunds can be intercepted to cover unpaid child support.

3.) License Suspension:

Your driver’s license, professional licenses, and even recreational licenses can be suspended for non-payment.

4.) Contempt of Court:

You can be found in contempt of court, which may result in fines or jail time.

5.) Credit Reporting:

Delinquent child support payments can be reported to credit bureaus, negatively affecting your credit score.

6.) Passport Denial:

Owing more than $2,500 in child support can result in the denial of a passport application or renewal.

 To avoid potential consequences, it’s important to stay on top of your child support payments. If you encounter difficulties, seeking legal assistance can help you find solutions and ensure compliance with your support obligations.

Contact Lucas Law for Child Support Assistance

The legal paraprofessionals at Lucas Law provide expert support for high-conflict family law cases. With a client-centric approach, they offer personalized solutions and strategic planning to achieve the best outcomes.

Lucas Law is dedicated to effective litigation and settlement, maintaining open lines for resolution while minimizing legal costs. For expert assistance in divorce, custody, child support,  or other family law matters, Contact Lucas Law today and schedule a consultation.

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