Children

Child Support

Unlike spousal support, child support is a straight calculation. Child support in Arizona is based on the gross income of each parent. It also depends on the cost for daycare and the cost for medical insurance. The largest factor is the amount of time each parent spends with the child(ren). To calculate support, the court counts the number of days of parenting time like this:

• 1 day = 24 hours of time
• 1 day = a period of 12 or more hours
• 1/2 day = a period of 6-11 hours
• 1/4 day = a period of 3-5 hours
• A period of less than 3 hours may count as 1/4 day if the visiting parent pays for routine expenses, such as a meal.

When a parenting time schedule is set up, keep these periods of time in mind. Child support must be paid by wage assignment and through the Support Clearinghouse (Box 62107, Phoenix, AZ 85072-2107). This means the employer takes money out of the check of the person making payments and forwards it to the Support Clearinghouse, which then sends it to the receiving parent.

Please note: Even if the employer is required to take the money for your check, it may take a while for this process to occur. Even if the employer is not taking money from your check, you must still pay the child support to the Clearinghouse. The employer is not obligated to pay child support - you are. The wage assignment is the method of payment. If you do not pay, you will accrue child support arrearages, which you will have to pay back with 10% interest. You may also be found in contempt of court for failing to pay.

Please also note: Unless the person receiving support directs the Support Clearinghouse to make a direct deposit into their checking account, it will take 10-12 days for the receiving parent to receive a check by mail from the date the Clearinghouse received it. It usually takes 6-8 weeks for direct deposit to take effect. You must submit a form to have direct deposit started.

Child support vests when it comes due. This means that each month, interests accrues from that date forward. So any unpaid child support accrues interest starting the month following the month it was not paid. Interest can really accumulate, so it is best to pay on time.

If paternity has not been established, there is no obligation to pay support. (But there is also no right to custody or parenting time without paternity being established.) Child support can be sought retroactively three years prior to the date of filing the Petition to Establish Paternity.

Likewise, if married parties have lived separately, you can be required to pay child support up to three years retroactively from the date of filing the Petition for Dissolution of Marriage or Petition for Legal Separation.

Child support continues until the child turns 18 and graduates from high school, whichever is later. If a child turns 18 and is still in high school, child support continues while the child is in high school, but no later than age 19. In the case of a special needs child, by court order support can continue after age 19 indefinitely or until further order of the court.

Child support usually terminates automatically. If you have outstanding child support arrears, the child support obligation will not terminate until those arrearages are paid in full. However, the current support obligation will stop, but the payments on arrearages will continue.