When a child’s parents separate (i.e no longer live together), the court may issue orders for child support. The purpose of child support is to establish a standard of support for children consistent with their reasonable needs and the parents’ ability to pay.
Child support is ordered to provide children with a similar upbringing to what they might have received if their parents had remained together.
If you are involved in a child support dispute with your child’s other parent, you should reach out to an experienced child support lawyer at Colburn Hintze Maletta for help.
Understanding the Duty to Pay Child Support
In Arizona, both parents are expected to contribute financially to a child’s upbringing under ARS 25-501. This includes contributing to all of the costs involved in raising the child, including basic needs involving housing, transportation, education, clothing, and food.
The court calculates the child support amount based on a variety of factors. In most cases, the parent who spends less time with the child will be ordered to pay support to the other parent.
However, the higher-earning parent may be ordered to pay child support to the other parent when there is a large disparity in income, even when the higher-earning parent has the child at his or her house for more time than the other parent.
At the law firm of Colburn Hintze Maletta, one of our experienced child support attorneys can help you to calculate what you might expect to have to pay or receive. More information about child support is provided below.
Arizona Child Support Guidelines
Arizona has child support Guidelines that are designed to help courts determine the amount of child support to order in each case. These Guidelines help judges calculate the appropriate support amounts to ensure the children’s needs are met.
Arizona’s child support Guidelines are meant to ensure that child support orders are consistent and predictable. Having child support Guidelines also helps parents predict how much they might be ordered to pay or receive.
Courts use child support Guidelines to determine child support amounts regardless of whether the parents were married or unmarried.
Since public policy concerns favor the support in the best interest of children, child support is not dischargeable in bankruptcy and is a priority debt. Spousal maintenance is separate from child support, and a court might issue orders for both types of support in a divorce case involving children.
Parents who are ordered to pay child support must make monthly payments. The state caps the total support obligation based on the parent’s combined income or when there are six or more children. The maximum combined gross monthly income considered under the Guidelines is $20,000 per month.However, the parents can agree to a higher child support amount than what is called for in the Guidelines, or ask the Court for what is called a deviation from the Guidelines A deviation from the Guidelines may be appropriate if the amount awarded under the Guidelines is unjust or inappropriate based on the circumstances of your particular case.
Child support is calculated based on several factors, including the relative incomes of both parents, the amount of time the children stay with each parent, any extraordinary needs a child might have, whether one parent is providing medical insurance for the child and the total number of children for whom the payor is paying support.
Judges typically order the Guideline child support amount. However, the court is allowed to deviate from the Guidelines if they would result in an unjust outcome under the circumstances.
When courts are determining child support, they expect both of a child’s parents to contribute financially to raising the child. This is known as a shared income approach.
First published at https://www.chmlaw.com/family-law-overview/child-support-lawyer/
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