How Is Child Support Determined in Arizona?
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How Is Child Support Determined in Arizona?
Child support awards in Arizona are governed by the Arizona Child Support Guidelines. In many cases, a strict application of the guidelines is appropriate. Once the basic information needed to calculate child support has been obtained and the parenting plan has been established, then child support can be calculated using the state-mandated formula.
However, even with the Child Support Guidelines in place, calculating an appropriate and fair amount can be an extremely complicated issue. For example, determining a parent’s income may not be a straight forward process. This is often the case where one or both parents are self-employed. In this event, the attorney will need to conduct a close examination into business accounting records and income tax returns to establish an income figure that takes onto account any “perks,” benefits, and personal expenses that may be causing the business owner’s income to appear lower than it actually is.
Also, when child support is calculated, it is not uncommon for one parent to be unemployed at the time. Generally, at least an income of minimum wage for full-time employment will be attributed to a parent who is not earning an income. Further, a parent who is not employed and/or underemployed may have income attributed to him or her, based upon earning history and/or ability. In order to resolve this issue, the court will look at the reasons for unemployment. If the court deems the circumstances to be reasonable (perhaps a parent returning to full-time schooling which will enhance his/her earning capacity to the children’s benefit), then the court may choose to be lenient when attributing income to that parent.
There are also cases where an application of the Child Support Guidelines using the formula calculation is inappropriate. If a parent’s monthly income is substantial, the child support formula will not take this into account beyond a certain level, leaving a substantial disparity between the parents’ respective financial ability to provide for their child. If this is the case, after considering certain factors, the court may elect to deviate from a strict application of the formula set forth in the Arizona Child Support Guidelines.
Even after a child support amount is awarded at the conclusion of a divorce, this amount can be modified in the future, if any of the factors and circumstances used to initially calculate child support sufficiently change. For example, if the original child support amount was calculated including costly day care expenses and the child then begins public schooling at no cost, the absence of this substantial expense could significantly impact the child support calculation.
Upon divorce, many parent’s financial well-being will rely on a child support amount that has been awarded to him or her. These funds can be crucial for the family to survive. It is important for any parent to have access to legal advice from an experienced and knowledgeable family law attorney in order to assure that the Arizona Child Support Guidelines are fairly and accurately applied to each and every unique situation.
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