Is the only thing holding you back from marrying that recently-divorced movie star the fear that his or her seven- or eight-figure income will affect your Arizona child support payments? Or are you like thousands of other divorced Arizona residents, whose prospective second spouses live a somewhat more modest life? Either way, you likely wonder exactly how your future spouse’s income will affect the child support you pay or receive. Let’s talk about how remarriage affects child support in Arizona and the reasoning behind the law.
Your New Spouse’s Income and Arizona Child Support
In Arizona, remarriage by itself isn’t grounds for modifying a child support order. Under state law, modifying child support requires a “substantial and continuing change of circumstances.” The Arizona Child Support Guidelines address this situation as follows:
Section 5. F. Only income of persons having a legal duty of support shall be treated as income under the guidelines. For example, income of a parent’s new spouse is not treated as income of that parent.
If the remarriage of either parent causes a substantial change in his or her financial circumstances, the court will consider that when deciding whether to modify child support. For example, if a mother pays child support to a father, and the father gets married to a woman who earns significant income and pays most of the household bills, a judge may decide to lower the child support payment. Since the new wife contributes to the household expenses, the father can shoulder more of the financial burden for his child. On the other hand, if a non-custodial parent remarries and takes on additional expenses or children, the court is less likely to reduce child support.
The Rationale Behind Remarriage and Child Support Laws
The general principle being followed in the law is that a new spouse should not be obligated to support a stepchild. What if, however, a divorced parent who remarries a spouse who earns much more than they do decides to stop working due to the spouse’s income? That parent may have quit work for good reason (e.g., to spend more time with the kids) rather than a nefarious one (e.g., to eliminate their income and thus to get more/pay less child support). Whatever the reasoning, a parent who intentionally quits work or remains unemployed may be considered an “substantial and continuing change of circumstance,” and their spouse’s income may then be considered for purposes of child support calculation.
There are many people who argue that since Arizona is a community property state, half of a remarried parent’s spouse’s income belongs, by law, to the remarried parent. Following this logic, there would be no reason to exclude that income from consideration in child support determinations or modifications. However, the current law is clear: absent substantial and continuing circumstances, stepparent income is excluded from child support calculations.
To learn more about how child support is calculated in Arizona, or about how Shaffer Family Law experienced family law attorneys can help with your child support concerns, contact Shaffer Family Law online or call (480)-386-5362 today to schedule a consultation.