Table of Contents
Generally, a child support obligation continues until the child is emancipated by turning 18 or graduating from high school. In Arizona, an action for back child support must be brought within three years from emancipation. Does that mean that you must bring an action within three years from the exact date of emancipation? Or do you have until the end of the month in which emancipation occurs? In State v. Huskie, 44 P.3d 161 (2002) the Court of Appeals considered these emancipation issues.
Facts and Procedure
Mrs. Davis and Mr. Huskie were married and had a child. In 1982, the trial court granted a dissolution. It awarded Mrs. Davis custody of their child, J. Davis. The court ordered Mr. Huskie to pay $325 per month in child support until J. Davis’s emancipation.
In 1997, J. Davis turned eighteen years of age. On May 21, 1997, she graduated from high school. By that time, Mr. Huskie owed over $32,000 in back support. On May 26, 2000, the state requested a judgment against the husband for the arrearages plus interest.
Mr. Huskie asked the court to dismiss the action because it had not been filed within three years of J. Davis’s emancipation. The trial court denied that motion. It entered judgment against Mr. Huskie for the arrearages plus interest in the amount of $67,604.50. Mr. Huskie appealed.
Three Year Limit for Support Collection Action
The husband claims that the state’s request for judgment was filed too late under Arizona law. Any request for a child support judgment must be made within three years of the child’s emancipation.
He argues that J. Davis was emancipated the day she graduated from high school, May 21, 1997. Therefore, he claims, the state’s request for judgment, filed on May 26, 2000, was five days too late.
The state claims that J. Davis’s emancipation did not occur until Mr. Huskie’s support obligation terminated. It argues that he owed support for the entire month of May 1997. That obligation did not terminate until May 31. Therefore, the state claims, it had until May 31, 2000, to file a request for judgment.
The Court of Appeals reviewed the law. In Arizona, the right to receive child support payments vests monthly, as each payment becomes due. Each vested right can be enforced as a final judgment. However, unpaid child support that became judgments by operation of law expire three years after a child’s emancipation.
The statute allows the state or a parent to file a request for judgment for support arrearages. But this must be filed no later than three years after the emancipation of the last child getting support under the order. Thus the date of the emancipation of the child triggers the three-year limitation period.
What Constitutes Emancipation?
A child is legally emancipated on her 18th birthday unless a different date is set out in the support order. Under Arizona law, a parent must pay support while a child attends high school. Therefore a child is not emancipated at age 18 if she is still attending high school.
The Court of Appeals found this language to be clear. The obligation to provide child support after the child turns 18 continues only while she actually attends high school. When a post-majority child stops attending high school, the support obligation terminates.
The child is emancipated when the child graduates from or drops out of high school. The date of emancipation triggers the three-year limitation period. The Court rejected the state’s argument that, because Mr. Huskie owed $325 for the month of May 1997, the support obligation did not terminate until May 31.
The court cannot judicially alter the clear wording of the statutes to avoid their force and effect.
Child Remaining in Parental Home
J. Davis continued to live with Mrs. Davis and be supported by her after her graduation from high school. The state argues that this fact is relevant in determining emancipation. However, the Court found it was not. It said that the fact a child remains in the parental home does not forestall emancipation.
Disposition
J. Davis became emancipated when she graduated from high school on May 21, 1997. Under Arizona statutes, a written money judgment request had to be made within three years. The state’s request, filed on May 26, 2000, was untimely. The Court of Appeals vacated the trial court’s judgment.
If you have questions about limitation for collecting 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
- EFFECT OF DENIAL OF VISITATION ON CHILD SUPPORT PAYMENTS 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
- 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
As Seen on CBS News, ABC News, NBC News, and Fox News
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.