Arizona Child Support Laws
Child Support Laws in Arizona
We want to provide information to you regarding Arizona child support laws to assist you in your Arizona child support case. The Arizona State Legislature set forth the Arizona child support laws in Arizona Revises Statutes Sections 25-320 and Section 25-500 through 25-685. If the child support was ordered by another state, additional child support laws exist in Arizona in Arizona Revised Statute Sections 25-1201 through 25-1362 (referred to as the Uniform Instate Family Support Act). Let’s break down the Arizona child support laws for child support orders issued in Arizona.
Domestic Child Support Orders
Arizona Revised Statute Section 25-320 is the foundation of the Arizona child support laws. That statute provides that child support can be ordered in any action for dissolution of marriage, legal separation, or an action upon child support between parents, married or unmarried. That statute also mandated the Arizona Supreme Court to create the Arizona Child Support Guidelines for the calculation of child support in Arizona. You should be aware the Arizona Supreme Court reviews those Guidelines and makes changes to them periodically, so you must ensure you are using the most current version of the Arizona Child Support Guidelines to obtain an accurate calculation of child support. The term “support” in Arizona Revised Statute Section 25-500(9) is as follows:
The provision of maintenance or subsistence and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. In a title IV-D case, support includes spousal maintenance that is included in the same order that directs child support.
You should note that support is not defined to include all expenses you pay for your children. For example, it is not defined to include such things as extracurricular activity costs for your children and other similar expenses. However, the Arizona Child Support Guidelines do include the cost of health insurance, educational costs, and costs associated with the activities of a gifted child.
Arizona Child Support Laws on Enforcing Child Support
A court may issue a wage assignment, pursuant to Arizona Revised Statute Section 25-504, which is an order requiring the parent’s employer to take the child support out of his or her employee’s paycheck to be sent to the Arizona Child Support Clearinghouse. The Clearinghouse will then that child support to the parent who is owed the child support. That same statute allows a parent to file a request for the issues of an ex parte wage assignment if the parent owing the support changes employment. Arizona Revised Statute Section 25-511 makes the knowing and willing failure to pay child support a class 6 felony in the State of Arizona.
Arizona Revised Statute 25-516 allows a person who is owed more than two months child support payments to obtain a lien against all of the property owned by the parent who is delinquent in child support payments. That lien can be secured by filing a notice of lien with the Arizona county records office. Arizona Revised Statute Section 25-681 allows the court to issue a child support arrest warrant if a contempt of court hearing is set for failing to pay child support with an Order to Appear requiring the parent to appear in court and he or she fails to do so.
Call us (480)305-8300 to speak to one of our experienced Arizona child support attorneys at Hildebrand Law, PC if you need to establish, enforce, or modify child support in your Arizona child support case.
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