Child support is determined pursuant to the Arizona Child Support Guidelines. Effective April 1, 2018, Arizona adopted new child support guidelines designed to ensure each parent contributes a proportional share toward their child’s total support.
The basic monthly support amount is based on the combined adjusted gross income of both parents. This amount forms the basis of the parents’ monthly child support obligation, but it is not the “final” amount. The amount may be adjusted to include expenses such as, but not limited to: child care, health care, private school, and tutoring.
How is Gross Income Determined?
Gross income includes income from all possible sources, including, but not limited to:
- Salaries, wages, bonuses, and commissions
- Annuities
- Capital gains
- Investment dividends and interest
- Recurring gifts
- Self-employment
- Severance pay and pensions
- Spousal maintenance
- Unemployment benefits
- Workers’ compensation benefits
Gross income does not include child support, or public assistance benefits that are need-based, such as supplemental security income (“SSI”), or temporary assistance for needy families (“TANF”).
Deviations from the Child Support Guidelines:
The court considers all relevant factors when determining an order for child support. If the new Arizona Child Support Guidelines are inappropriate or unjust in your case, or if it is not in the best interests of your child, the court will deviate from these guidelines.
The court may also deviate from the guidelines if all parties agree free of duress, the agreement is in writing and according to statute, and all parties entered into the agreement with complete understanding of the amount the child support would have been pursuant to these guidelines.
Imputing Income
A party in a child support proceeding may try to avoid paying child support by leaving his or her job or by becoming underemployed. If the court finds this to be the case, the court can impute the income of the parent trying to avoid support payments. This means that the court will calculate the parent’s income based on the salary they would be earning if they were employed in a job commensurate with their skills. The court must find that the parent is capable of work and that the parent has opportunity to do so to impute income. Imputation of income is also a consideration for parents who are unemployed but capable of employment as they have an obligation to support their children to the best of their abilities.
Contact Us
At Shaffer Family Law, we have successfully represented many clients who want to secure the financial future of their children. Contact the experienced child support attorneys at Shaffer Family Law today online or call us at 480-386-5362 to schedule a consultation.