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A.R.S. § 25-320

How the Court Determines Child Support

Verified April 4, 202657th Legislature, 1st Regular Session

Courts can order either or both parents to pay child support in a divorce or separation. The amount is calculated using Arizona child support guidelines established by the Supreme Court. The court presumes each parent is capable of at least full-time minimum wage work.

Title 25, PREMARITAL AND MARITAL AGREEMENTS

azleg.gov

How Child Support Is Calculated

Child support is not left to a judge's discretion alone. The Arizona child support guidelines produce a specific dollar amount based on each parent's financial circumstances. The court follows these guidelines unless it makes a written finding that applying them would be inappropriate or unjust in a particular case.

The supreme court shall establish guidelines for determining the amount of child support. The amount resulting from the application of these guidelines is the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application of the guidelines would be inappropriate or unjust in a particular case.

A.R.S. § 25-320(D)

The guidelines account for several factors. These include each parent's financial resources, what each of the parents earned, and the child's financial needs. The child's physical or emotional condition, the standard of living the child would have had in an intact household, and educational expenses also matter. The custodial parent's situation and parental time with each parent factor into the calculation as well.

Retroactive Support and Employment Presumptions

The court can order child support retroactively. If the parents lived apart before filing and no support order existed, the court may order support going back to the date of separation. This cannot go back more than three years before the filing date. The same guidelines apply to this retroactive calculation.

The law also includes an important presumption. Every parent is assumed capable of working full-time at the applicable minimum wage unless contrary testimony is presented. This presumption does not apply to noncustodial parents under eighteen who are still in high school. Medical insurance for the child is also addressed. The court can order one or both parents to maintain health coverage.

Why Child Support Matters for Family Planning

For families going through a divorce, understanding how child support interacts with the overall financial picture is important. Child support obligations affect estate planning decisions. Life insurance requirements often tie into support orders. If something happens to the paying parent, the remaining parent needs assurance that support will continue.

Either parent can ask the court to modify child support if circumstances change significantly. A job loss, a raise, or a change in parental time can all justify a review. Keeping financial records current helps support any future request to modify child support.

25-320. Child support; factors; methods of payment; additional enforcement provisions; definitions A. In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct. B. If child support has not been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child. D. The supreme court shall establish guidelines for determining the amount of child support. The amount resulting from the application of these guidelines is the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application of the guidelines would be inappropriate or unjust in a particular case. N. The court shall presume, in the absence of contrary testimony, that a parent is capable of full-time employment at least at the applicable state or federal adult minimum wage, whichever is higher.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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