Arizona Child Support Services

Child support is a financial obligation mandated by law, specifically designed to meet the basic living expenses of a child whose parents are not in a marital or cohabitating relationship.

In Arizona, the legal framework for child support is structured under the Arizona Revised Statutes (A.R.S.), particularly in Title 25, which governs family law matters.

Arizona Revised Statutes

• A.R.S. § 25-501 establishes the obligation for child support, stating that every person has a duty to provide all reasonable support for their minor and unmarried child.
• A.R.S. § 25-320 outlines the provisions for child support orders, detailing how these orders should be calculated and the factors to be considered in determining the amount of support.

Who Qualifies for Child Support Payments?

The eligibility for receiving child support in Arizona includes:

1. Custodial Parents: The primary caregiver with whom the child resides for the majority of the time typically receives child support payments from the non-custodial parent.
2. Guardians or Legal Custodians: In cases where neither biological parent can care for the child, a guardian or legal custodian appointed by the court may receive child support payments on behalf of the child.
3. Children: The law applies to all minor children (under 18 years of age) or those who are still attending high school up to the age of 19 years and 6 months. It can also extend to children of any age who are unable to be self-sufficient due to a severe mental or physical disability that began before they reached majority.

Child support is designed to cover a range of expenses related to the child’s welfare, including housing, food, clothing, education, health care, and other necessities.

The intent is to ensure that the child receives a standard of living that reflects the financial capacities of both parents, promoting fairness and stability in the child’s upbringing.

In Arizona, child support is calculated based on the Arizona Child Support Guidelines, which consider several factors to ensure a fair contribution from both parents. These factors include:

• Each parent’s income
• The number of children
• The amount of time the child spends with each parent
• Health insurance costs
• Educational expenses
• Any special needs of the child

The objective is to balance the child’s needs with the parents’ ability to pay, while also considering the standard of living the child would have enjoyed had the household remained intact.

Yes, child support payments can be modified in Arizona if there is a substantial and continuing change in circumstances. This might include a significant change in either parent’s income, a change in custody arrangements, or a change in the child’s needs. Parents can request a review of the child support order by filing a petition with the court that originally issued the order.

The Arizona Department of Child Support Services, is responsible for enforcing child support in Arizona. Ensuring that the support amount prescribed by Arizona law is adhered to.

 Enforcement Methods:

1. Income Withholding Orders: The most common method for collecting child support. Employers are required to withhold the ordered amount of child support from the non-custodial parent’s paycheck and transfer it directly to the state’s child support enforcement agency.
2. Interception of Federal and State Payments: Tax refunds, unemployment benefits, and other federal and state payments can be intercepted to cover unpaid child support.
3. License Suspension: The state can suspend various licenses including driver’s licenses, professional licenses, and even recreational licenses if child support is not paid.
4. Passport Denial: For significant arrearages, the non-custodial parent might be prevented from renewing or obtaining a passport.
5. Liens on Property: Child support agencies can place liens on properties, such as houses and cars, to compel payment.
6. Credit Reporting: Unpaid child support can be reported to credit bureaus, negatively affecting the credit score of the non-paying parent.
7. Legal Action: Non-payment of child support can lead to contempt of court charges, which might result in fines or even jail time.

Jurisdiction and Cooperation

The enforcement of child support is not limited to the Arizona state borders. Through the federal Parent Locator Service and cooperation between states, enforcement measures can be applied across state lines, ensuring that parents cannot evade their child support obligations by moving to another state.

Role of the Courts and Child Support Enforcement

Arizona courts have the authority to enforce child support orders and ensure compliance. They work in conjunction with the DCSS, which administers most of the enforcement measures. The DCSS provides services like locating absent parents, establishing paternity, establishing and enforcing support orders, and collecting and distributing child support payments.

Parents facing difficulties making payments should seek legal advice early to avoid penalties.