What is a Reasonable Amount for Maintenance and Child Support in Arizona?
Full Question:
Answer:
The amount ordered for maintenance and child support is based upon all the facts and circumstances involved, and child support guidelines. Please see the statutes below to determine applicability. We are prohibited from giving a legal opinion, as this service provides information of a general legal nature. We suggest you consult a local attorney who can review all the facts and circumstances involved.
For example, the court may order either or both parents of a child to pay an amount reasonable and necessary for the support of any minor child of the marriage, without regard to marital fault. In determining child support obligations, courts generally hold that each parent should contribute in accordance with his or her means. Child support is a mutual duty, although the primary caretaker of preschool children may not be required to obtain employment. Usually the amount of support is based on the income of both parents, the number of children, the expenses of the custodial parent, and any special needs of the child. Arizona has established child support guidelines which set the presumptive correct amount of support owed. Any deviation from the guidelines must include a written finding by the court that the application of the guidelines would be inappropriate or unjust. Factors the courts will consider in deviating from the guidelines include the financial resources and needs of the child; the financial resources and needs of the custodial parent; the financial resources and needs of the non-custodial parent; the standard of living the child would have enjoyed had the marriage not been dissolved; the physical and emotional condition of the child, and the child's educational needs; excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community property; and the duration of visitation and related expenses. An order of child support must also include the assignment of responsibility for providing medical insurance for the child and responsibility for payment of any non-covered medical expenses. The award of child support may be modified by the court upon petition of either party if a change of circumstance of the parents or child is proven. Child support and visitation are independent obligations. A person may not stop paying support if visitation is denied, and can not deny visitation for nonpayment of child support. A person who denies ordered visitation or fails to pay ordered child support can be held in contempt of court and states have various remedies, which vary by state, for pursuing claims against parents who owe back child support.
See also:
http://www.supreme.state.az.us/dr/childsup/CSG2004.pdf
Please see the following AZ statutes:
25-319. Maintenance; computation factors
A. In a proceeding for dissolution of marriage or legal separation, or a
proceeding for maintenance following dissolution of the marriage by a court
that lacked personal jurisdiction over the absent spouse, the court may
grant a maintenance order for either spouse for any of the following
reasons if it finds that the spouse seeking maintenance:
1. Lacks sufficient property, including property apportioned to the
spouse, to provide for that spouse's reasonable needs.
2. Is unable to be self-sufficient through appropriate employment or is
the custodian of a child whose age or condition is such that the custodian
should not be required to seek employment outside the home or lacks earning
ability in the labor market adequate to be self-sufficient.
3. Contributed to the educational opportunities of the other spouse.
4. Had a marriage of long duration and is of an age that may preclude the
possibility of gaining employment adequate to be self-sufficient.
B. The maintenance order shall be in an amount and for a period of time
as the court deems just, without regard to marital misconduct, and after
considering all relevant factors, including:
1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age, employment history, earning ability and physical and
emotional condition of the spouse seeking maintenance.
4. The ability of the spouse from whom maintenance is sought to meet that
spouse's needs while meeting those of the spouse seeking maintenance.
5. The comparative financial resources of the spouses, including their
comparative earning abilities in the labor market.
6. The contribution of the spouse seeking maintenance to the earning
ability of the other spouse.
7. The extent to which the spouse seeking maintenance has reduced that
spouse's income or career opportunities for the benefit of the other
spouse.
8. The ability of both parties after the dissolution to contribute to the
future educational costs of their mutual children.
9. The financial resources of the party seeking maintenance, including
marital property apportioned to that spouse, and that spouse's ability to
meet that spouse's own needs independently.
10. The time necessary to acquire sufficient education or training to
enable the party seeking maintenance to find appropriate employment and
whether such education or training is readily available.
11. Excessive or abnormal expenditures, destruction, concealment or
fraudulent disposition of community, joint tenancy and other property held
in common.
12. The cost for the spouse who is seeking maintenance to obtain health
insurance and the reduction in the cost of health insurance for the spouse
from whom maintenance is sought if the spouse from whom maintenance is
sought is able to convert family health insurance to employee health
insurance after the marriage is dissolved.
13. All actual damages and judgments from conduct that results in
criminal conviction of either spouse in which the other spouse or child was
the victim.
C. If both parties agree, the maintenance order and a decree of
dissolution of marriage or of legal separation may state that its
maintenance terms shall not be modified.
D. Except as provided in subsection C of this section or section 25-317,
subsection G, the court shall maintain continuing jurisdiction over the
issue of maintenance for the period of time maintenance is awarded.
25-320. Child support; factors; methods of payment; additional
enforcement provisions; definitions
A. In a proceeding for dissolution of marriage, legal separation,
maintenance or child support, the court may order either or both parents
owing a duty of support to a child, born to or adopted by the parents, to
pay an amount reasonable and necessary for support of the child, without
regard to marital misconduct.
B. If child support has not been ordered by a child support order and
if the court deems child support appropriate, the court shall direct,
using a retroactive application of the child support guidelines to the
date of filing a dissolution of marriage, legal separation, maintenance
or child support proceeding, the amount that the parents shall pay for
the past support of the child and the manner in which payment shall be
paid, taking into account any amount of temporary or voluntary support
that has been paid. Retroactive child support is enforceable in any
manner provided by law.
C. If the parties lived apart before the date of the filing for
dissolution of marriage, legal separation, maintenance or child support
and if child support has not been ordered by a child support order, the
court may order child support retroactively to the date of separation,
but not more than three years before the date of the filing for
dissolution of marriage, legal separation, maintenance or child support.
The court must first consider all relevant circumstances, including the
conduct or motivation of the parties in that filing and the diligence
with which service of process was attempted on the obligor spouse or was
frustrated by the obligor spouse. If the court determines that child
support is appropriate, the court shall direct, using a retroactive
application of the child support guidelines, the amount that the parents
must pay for the past support of the child and the manner in which
payments must be paid, taking into account any amount of temporary or
voluntary support that has been paid.
D. The supreme court shall establish guidelines for determining the
amount of child support. The amount resulting from the application of
these guidelines is the amount of child support ordered unless a written
finding is made, based on criteria approved by the supreme court, that
application of the guidelines would be inappropriate or unjust in a
particular case. The supreme court shall review the guidelines at least
once every four years to ensure that their application results in the
determination of appropriate child support amounts. The supreme court
shall base the guidelines and criteria for deviation from them on all
relevant factors, including:
1. The financial resources and needs of the child.
2. The financial resources and needs of the custodial parent.
3. The standard of living the child would have enjoyed had the
marriage not been dissolved.
4. The physical and emotional condition of the child, and the child's
educational needs.
5. The financial resources and needs of the noncustodial parent.
6. The medical support plan for the child. The plan should include the
child's medical support needs, the availability of medical insurance or
services provided by the Arizona health care cost containment system and
whether a cash medical support order is necessary.
7. Excessive or abnormal expenditures, destruction, concealment or
fraudulent disposition of community, joint tenancy and other property
held in common.
8. The duration of parenting time and related expenses.
E. Even if a child is over the age of majority when a petition is
filed or at the time of the final decree, the court may order support to
continue past the age of majority if all of the following are true:
1. The court has considered the factors prescribed in subsection D of
this section.
2. The child is severely mentally or physically disabled as
demonstrated by the fact that the child is unable to live independently
and be self-supporting.
3. The child's disability began before the child reached the age of
majority.
F. If a child reaches the age of majority while the child is
attending high school or a certified high school equivalency program,
support shall continue to be provided during the period in which the
child is actually attending high school or the equivalency program but
only until the child reaches nineteen years of age unless the court
enters an order pursuant to subsection E of this section. Notwithstanding
any other law, a parent paying support for a child over the age of
majority pursuant to this section is entitled to obtain all records
related to the attendance of the child in the high school or equivalency
program.
G. If a personal check for support payments and handling fees is
rightfully dishonored by the payor bank or other drawee, the person
obligated to pay support shall make any subsequent support payments and
handling fees only by cash, money order, cashier's check, traveler's
check or certified check. If a person required to pay support other than
by personal check demonstrates full and timely payment for twenty-four
consecutive months, that person may pay support by personal check if
these payments are for the full amount, are timely tendered and are not
rightfully dishonored by the payor bank or other drawee.
H. Subsection G of this section does not apply to payments made by
means of an assignment.
I. If after reasonable efforts to locate the obligee the clerk or
support payment clearinghouse is unable to deliver payments for the
period prescribed in section 25-503 due to the failure of the person to
whom the support has been ordered to be paid to notify the clerk or
support payment clearinghouse of a change in address, the clerk or
support payment clearinghouse shall not deliver further payments and
shall return the payments to the obligor consistent with the requirements
of section 25-503.
J. An order for child support shall assign responsibility for
providing medical insurance for the child who is the subject of the
support order TO ONE OF THE PARENTS and shall assign responsibility for
the payment of any medical costs of the child that are not covered by
insurance ACCORDING TO THE CHILD SUPPORT GUIDELINES. Each parent shall
provide information to the court regarding the availability of medical
insurance for the child that is accessible and available at a reasonable
cost. In title IV-D cases, the parent responsible pursuant to court order
for providing medical insurance for the child shall notify the child
support enforcement agency in the department of economic security if
medical insurance has been obtained or if the child is no longer covered
under an insurance plan.
K. If the court finds that neither parent has the ability to obtain
medical insurance for the child that is accessible and available at a
reasonable cost, the court shall:
1. IN A TITLE IV-D CASE, IN ACCORDANCE WITH ESTABLISHED TITLE IV-D
CRITERIA, establish a reasonable monthly cash medical support order to be
paid by the obligor. If medical assistance is being provided to a child
under title XIX of the social security act, cash medical support is
assigned to the state pursuant to section 46-407. ON VERIFICATION THAT
THE OBLIGOR HAS OBTAINED PRIVATE INSURANCE, THE CASH MEDICAL SUPPORT
ORDER TERMINATES BY OPERATION OF LAW ON THE FIRST DAY OF THE MONTH AFTER
THE POLICY'S EFFECTIVE DATE OR ON THE DATE THE COURT, OR THE DEPARTMENT
IN A TITLE IV-D CASE, IS NOTIFIED THAT INSURANCE HAS BEEN OBTAINED,
WHICHEVER IS LATER. IF THE PRIVATE INSURANCE TERMINATES, THE CASH MEDICAL
SUPPORT ORDER AUTOMATICALLY RESUMES BY OPERATION OF LAW ON THE FIRST DAY
OF THE MONTH FOLLOWING THE TERMINATION DATE OF THE POLICY.
2. Order one parent to provide medical insurance when it becomes
accessible and available at a reasonable cost.
3. Order that medical costs in excess of the cash medical support
amount shall be paid by each parent according to the percentage assigned
for payment of uninsured costs.
L. IN A TITLE IV-D CASE, if the court orders THE NONCUSTODIAL
parent to OBTAIN medical insurance the court shall also set an
alternative cash medical support order to be paid by that parent if the
child is not covered under an insurance plan within ninety days after
entry of the order or if the child is no longer covered by insurance. THE
COURT SHALL NOT ORDER THE CUSTODIAL PARENT TO PAY CASH MEDICAL SUPPORT.
M. In title IV-D cases the superior court shall accept for filing any
documents that are received through electronic transmission if the
electronically reproduced document states that the copy used for the
electronic transmission was certified before it was electronically
transmitted.
N. The court shall presume, in the absence of contrary testimony,
that a parent is capable of full-time employment at least at the
applicable state or federal adult minimum wage, whichever is higher. This
presumption does not apply to noncustodial parents who are under the age
of eighteen and who are attending high school.
O. An order for support shall provide for an assignment pursuant to
sections 25-504 and 25-323.
P. Each licensing board or agency that issues professional,
recreational or occupational licenses or certificates shall record on the
application the social security number of the applicant and shall enter
this information in its database in order to aid the department of
economic security in locating parents or their assets or to enforce child
support orders. This subsection does not apply to a license that is
issued pursuant to title 17 and that is not issued by an automated
drawing system. If a licensing board or agency allows an applicant to use
a number other than the social security number on the face of the license
or certificate while the licensing board or agency keeps the social
security number on file, the licensing board or agency shall advise an
applicant of this fact.
Q. For the purposes of this section:
1. "Accessible" means that insurance is available in the geographic
region where the child resides.
2. "Child support guidelines" means the child support guidelines that
are adopted by the state supreme court pursuant to
42 United States Code sections 651 through 669B.
3. "Date of separation" means the date the married parents ceased to
cohabit.
4. "Reasonable cost" means an amount that does not exceed the higher
of five per cent of the gross income of the obligated parent or an
income-based numeric standard that is prescribed in the child support
guidelines.
5. "Support" has the same meaning prescribed in section 25-500.
6. "Support payments" means the amount of money ordered by the court
to be paid for the support of the minor child or children.
Sec. 2. Section 25-535, Arizona Revised Statutes, is amended to read:
25-535. Enforcement of health insurance coverage; medical support
notice; administrative review
A. In a title IV-D case, a parent who is required by an
administrative or court order to provide health insurance coverage for a
child shall provide the department or its agent with the name of the
health insurance coverage plan under which the child is covered, the
effective date of the coverage, a description of the coverage, the name
of the employer and any other necessary information, forms or documents
related to the health insurance coverage as provided to all new members
within thirty days after the support order is established.
B. If an administrative or court order requires a parent to obtain
health insurance coverage for the parent's child, the department or its
agent may deliver by first class mail to the obligated parent's employer
a medical support notice to enroll the child in an insurance program as
prescribed by that order. The department or its agent shall use the
medical support notice to enroll prescribed by the United States
secretary of health and human services pursuant to
42 United States Code section 651. The employer shall deliver or mail by
first class mail or by electronic means a copy of the medical support
notice to enroll to the obligated parent within ten days after the
employer receives the notice. The notice serves to enroll the child in
the obligated parent's health insurance coverage plan. That parent may
contest the notice by filing a written request for an administrative
review within ten days after the parent receives a copy of the notice
from the employer. The department shall conduct an administrative review
pursuant to section 25-522. If a parent contests the notice, the
department or its agent shall notify the employer by first class mail or
electronic means that the parent has contested the medical support notice
to enroll. The employer shall send the employee contributions until the
department notifies the employer to cease withholding. An administrative
review is limited to determining if:
1. Medical support is unlawful or inconsistent with an administrative
or court order.
2. A mistaken identity exists.
3. The responsible party pursuant to the order provides alternative
coverage.
4. THE OTHER PARENT IS ALREADY PROVIDING MEDICAL INSURANCE FOR THE
CHILD PURSUANT TO COURT ORDER.
5. THE COST OF THE INSURANCE COVERAGE IS REASONABLE AS PRESCRIBED
PURSUANT TO SECTION 25-320, SUBSECTION J.
C. If an employee on whom an income withholding order or order of
assignment and notice is served is a new employee who is entered into the
state directory of new hires pursuant to section 23-722.01, the
department or its agent shall provide the medical support notice to
enroll to the obligated parent's employer within two days after the date
of entry in the state directory of new hires unless the responsible party
pursuant to the order provides alternative coverage.
D. If the obligated parent who is required by a court or an
administrative order to obtain health insurance coverage changes
employment and the new employer is known to the department or its agent,
the department or its agent shall use the medical support notice to
enroll to transfer notice to the new employer. Within thirty days after
the obligated parent changes employment the obligated parent shall
provide the department or its agent with the name of the health insurance
coverage plan under which the child is covered, the effective date of the
coverage, a description of the coverage, the name of the employer and any
other necessary information, forms or documents related to the health
insurance coverage as provided to all new members. Within twenty business
days after it receives the medical support notice to enroll the employer
shall transfer the notice to the appropriate health insurance plan that
provides coverage for which the child is eligible.
E. A medical support notice to enroll has the same effect as an
enrollment application that is signed by the parent.
F. If the employer does not have existing dependent coverage when it
receives the medical support notice to enroll, the employer is not
required to create this coverage. The employer shall notify the
department or its agent of this fact within ten days after receiving the
medical support notice to enroll.