Table of Contents
Some people ask about the effect of denial of visitation on child support payments in Arizona.
Under Arizona law, every parent owes a duty to support their children financially. This is true even if the parent with custody refuses to allow the other parent visitation with the children. What if the noncustodial parent takes the child to another state and files a lawsuit for support? In the case, Campbell v. Campbell, 617 P.2d 66 (1980), the Arizona Court of Appeals addressed these issues.
Facts of the Case
Mrs. Campbell and Mr. Campbell were married in Arizona and had a child. When the couple divorced, Mr. Campbell was awarded legal custody of the child. Without consulting with the husband or the court, the wife took the child and moved to California. From California, she began an action in Arizona against Mr. Campbell for child support.
The trial court refused to consider Mrs. Campbell’s request for child support made under the uniform act (the Uniform Reciprocal Enforcement of Support Act – URESA), which has since been repealed. She appealed the ruling.
Every Parent Has Duty to Financially Support Children
The Court of Appeals first emphasized that a parent owes a child a duty to provide all reasonable support. This duty applies, regardless of the residence of the child or his presence in the state.
The Court noted that here, the husband had not been relieved of his duty to provide for the child. The dissolution order awarding him custody did not relieve him of the duty of financially supporting his child. His wife had taken the child in violation of the court’s order, but that fact does not relieve him of his duty of support.
Wife’s Standing to Seek Support
The Court stated that the question of the husband’s duty to support was not in question. Rather, the question before it was whether the Wife was entitled to sue for child support under URESA. Her standing is in question since she did not have legal custody when she brought the proceeding.
URESA provides that a state agency that furnishes support to a child can sue to enforce a parent’s financial support obligation. In addition, “a person having legal custody of the minor” can sue to enforce that obligation.
Before a court awards custody, both parents have legal custody. That means that either of them has the standing to sue for support under URESA. Where a court dissolves a marriage and awards custody of the child to one parent, the other parent does not have the standing to sue under URESA.
Under Arizona law, a parent’s statutory duty to support a child can be enforced by all legal remedies. However, the Court said that the URESA remedy is subject to the safeguards set out in that uniform law. A party can use the URESA remedy to enforce support duties. However, that party must accept the procedural limitations set out in that statute.
Mrs. Campbell argues that the more general support provision of Arizona law shows the legislature’s intent to broaden URESA. She claims that the legislature wants child support enforced regardless of one party’s interference with custody rights.
The Court said this may be true if a parent interferes with visitation. But the language was not intended to nullify the requirements of URESA about custody. It doesn’t suggest that a noncustodial parent’s interference with custody creates a duty of support payable to the interfering parent.
The husband’s duty to support his child is unaffected by the wife’s interference with his right of custody. However, the wife doesn’t have legal custody. She cannot oblige Mr. Campbell to pay child support to her while she interferes with his right to custody. Here, the wife is not the proper party to enforce the husband’s obligation to support his child. His duty to pay child support to his wife, if any, must be determined by the laws of this state.
Unless Mrs. Campbell gets the Arizona decree changed and obtains legal custody, she cannot ask for support under URESA.
The Court of Appeals affirmed the family court’s ruling denying child support to Mrs.Campbell.
If you have questions about denial of visitation on child support in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child support and family law attorneys have over 100 years of combined experience successfully representing clients in child support and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona child support or family law case around today.
Other Articles About Child Support in Arizona
- ARIZONA CHILD SUPPORT LAWS
- ARIZONA UNIFORM INTERSTATE FAMILY SUPPORT ACT (UIFSA) STATUTES
- ATTRIBUTING INCOME FOR CHILD SUPPORT IN ARIZONA
- DIVIDING UNCOVERED MEDICAL EXPENSES IN AN ARIZONA CHILD SUPPORT CASE
- THE RELATIONSHIP BETWEEN CHILD SUPPORT AND DEBTS IN ARIZONA
- THE DEFINITIVE GUIDE TO CHILD SUPPORT IN ARIZONA
- DUE PROCESS REQUIRES NOTICE OF A CHILD SUPPORT MODIFICATION
- CHILD SUPPORT DEVIATION IN ARIZONA
- IS AN INCREASE IN INCOME CAUSE TO MODIFY CHILD SUPPORT IN ARIZONA
- CHILD SUPPORT AND ASSETS IN ARIZONA
- EFFECT OF EMPLOYMENT BENEFITS ON CHILD SUPPORT IN ARIZONA
- EFFECT OF STOCK OPTIONS ON CHILD SUPPORT IN ARIZONA
- MODIFYING CHILD SUPPORT FROM ANOTHER STATE IN ARIZONA
- CHILD SUPPORT MUST BE MODIFIED WHENEVER CHILD CUSTODY ORDERS CHANGE IN ARIZONA
- REGISTERING A CHILD SUPPORT ORDER IN ARIZONA
- BURDEN OF PROOF FOR A DEVIATION IN CHILD SUPPORT IN ARIZONA
- REIMBURSEMENT FOR OVERPAID CHILD SUPPORT IN ARIZONA
- GIFTS AND FREE RENT MAY BE INCOME FOR CHILD SUPPORT PURPOSES
- COURT DISCRETION TO ADD RECURRING GIFTS AS INCOME FOR CHILD SUPPORT
- CHILD SUPPORT AND THE NARCISSIST PARENT
- INCLUDING INCOME FROM A SECOND JOB IN ARIZONA CHILD SUPPORT CALCULATIONS
- STANDARD OF PROOF TO ESTABLISH A WAIVER OF PAST CHILD SUPPORT IN ARIZONA
- CHILD SUPPORT CANNOT BE A PERCENTAGE OF A PARENT’S INCOME IN ARIZONA
- WHAT IS A WAGE ASSIGNMENT IN ARIZONA
- THE AGE WHEN CHILD SUPPORT ENDS IN ARIZONA
- SSDI PAYMENTS OFFSET MEDICAL EXPENSES FOR A CHILD IN ARIZONA
- MODIFYING CHILD SUPPORT WHEN NEITHER PARENT LIVES IN ARIZONA
- HOW TO MODIFY OR ENFORCE A CHILD SUPPORT ORDER ISSUED IN ANOTHER STATE
- HOW TO MAKE ARIZONA CHILD SUPPORT PAYMENTS
- HOW IS INCOME CALCULATED FOR CHILD SUPPORT IN ARIZONA
- HOW TO ENFORCE A CHILD SUPPORT ORDER IN ARIZONA
- WHAT IS CONSIDERED GROSS INCOME FOR ARIZONA CHILD SUPPORT
- CALCULATING A PARENT’S INCOME FOR CHILD SUPPORT IN ARIZONA
- ERRORS IN REGISTERING A CHILD SUPPORT ORDER FROM ANOTHER STATE IN ARIZONA
- DOMESTICATING A CHILD SUPPORT ORDER IN ARIZONA
- CHILD SUPPORT AND AN UNEMPLOYED PARENT IN ARIZONA
- WHAT DOCTORS SHOULD KNOW ABOUT CHILD SUPPORT IN ARIZONA
- CAN A NON-CUSTODIAL PARENT RECEIVE CHILDREN’S SOCIAL SECURITY BENEFITS IN ARIZONA
- START DATE FOR TEMPORARY SUPPORT IN ARIZONA
- ARIZONA CHILD SUPPORT FREQUENTLY ASKED QUESTIONS
- EFFECT OF ERRORS IN REGISTERING A CHILD SUPPORT ORDER FROM ANOTHER STATE IN ARIZONA
- WHEN YOU CAN MODIFY CHILD SUPPORT IN ARIZONA
- GIFT INCOME AND MODIFICATION OF CHILD SUPPORT IN ARIZONA
- WAIVER OF PAST CHILD SUPPORT BY AGREEMENT IN ARIZONA
- UPWARD DEVIATION IN CHILD SUPPORT IN ARIZONA
- MODIFYING A CHILD SUPPORT ORDER FROM ANOTHER COUNTRY
- OBJECTION TO CHILD SUPPORT ARREARS IN UIFSA DOMESTICATION IN ARIZONA
- CAN A SPOUSE’S INCOME BE CONSIDERED FOR CHILD SUPPORT IN ARIZONA
- LEGAL METHODS OF COLLECTING CHILD SUPPORT PAYMENTS IN ARIZONA
- ENFORCEMENT OF A FOREIGN COUNTRY CHILD SUPPORT ORDER IN ARIZONA
- DRIVERS LICENSE RESTRICTIONS FOR UNPAID CHILD SUPPORT IN ARIZONA
- CAN A LOAN BE INCLUDED AS INCOME FOR CHILD SUPPORT IN ARIZONA
- OVERPAYMENT OF CHILD SUPPORT IN ARIZONA
- PAST DUE SUPPORT PAYMENTS APPLY FIRST TO CHILD SUPPORT BEFORE ALIMONY
- CALCULATING CHILD SUPPORT WITH SPLIT CUSTODY OF CHILDREN IN ARIZONA
- EFFECT OF DELAY IN COLLECTING CHILD SUPPORT ARREARAGES IN ARIZONA
- RECOVERING CHILD SUPPORT NOT ORDERED IN A DIVORCE DECREE IN ARIZONA
- LEGAL OPTIONS FOR COLLECTING CHILD SUPPORT PAYMENTS IN ARIZONA
- ARIZONA COURT’S AUTHORITY TO HEAR CHILD SUPPORT ENFORCEMENT ACTIONS
- IMPACT OF WITHHOLDING A CHILD ON CHILD SUPPORT IN ARIZONA
- SISTER STATE’S RIGHT TO MODIFY ARIZONA CHILD SUPPORT RULING
- IS A CHILD SUPPORT ORDER VOID IF IT DOES NOT MENTION ARREARS IN ARIZONA
- CHILD SUPPORT OBLIGATIONS OF A MINOR IN ARIZONA
- TIME LIMIT TO COLLECT CHILD SUPPORT ARREARAGES IN ARIZONA
- RETROACTIVE MODIFICATION OF A CHILD SUPPORT ORDER IN ARIZONA
- CONTEMPT OF COURT FOR UNPAID CHILD SUPPORT ARREARAGES IN ARIZONA
- SUPPORT FOR DISABLED ADULT CHILDREN IN ARIZONA
- CALCULATING INCOME FOR CHILD SUPPORT IN ARIZONA
- THREE YEAR LIMITATION FOR COLLECTING CHILD SUPPORT ARREARAGES
- DISMISSING MODIFICATION OF CHILD SUPPORT FOR NOT DISCLOSING FINANCIAL DOCUMENTS
- ARIZONA CHILD SUPPORT MODIFICATIONS MUST INCLUDE ANY CHANGES IN PARENTING TIME
- EQUITABLE DEFENSES TO FAMILY SUPPORT IN ARIZONA
- AFFIDAVIT OF CHILD SUPPORT ARREARS FROM ANOTHER STATE IN ARIZONA
- PERSONAL JURISDICTION AND CHILD SUPPORT ARREARAGES IN ARIZONA
- PERSONAL JURISDICTION OVER A NON-RESIDENT IN AN ARIZONA CHILD SUPPORT CASE
- ARIZONA CRIMINAL LAW FOR NON-PAYMENT OF CHILD SUPPORT IS CONSTITUTIONAL
- BURDEN OF PROOF IN A MODIFICATION OF CHILD SUPPORT CASE IN ARIZONA
- FULL FAITH AND CREDIT CLAUSE REQUIRES PERSONAL JURISDICTION TO ENFORCE SUPPORT ORDERS
- CHILD SUPPORT IN A BANK ACCOUNT IS EXEMPT FROM EXECUTION BY CREDITORS
- NON-PARENT LAWSUIT FOR REIMBURSEMENT OF CHILD SUPPORT IN ARIZONA