Divorce is a difficult process, especially when children are involved. The State of Arizona has established child support rules and guidelines that place the best interests of children as the first priority in the resolution of a divorce. Since all proceedings in a divorce case involving custody in Arizona are based on the best interests of the children, we put together a simple guide for parents considering divorce or exploring the need for child support deviation after a divorce. Here is what you need to know about child support guidelines and case law regarding child support deviation in Arizona.
Child Support Guidelines in Arizona
Arizona has established strict child support guidelines based on Arizona Revised Statutes § 25–320. Whether a parent retains custody of the child after the divorce or not, they have an obligation to provide reasonable financial support as determined by the courts. In the State of Arizona, it is their primary financial responsibility ahead of all other obligations.
The child support guidelines in Arizona are used to approximate the amount that would be spent on the children if the parents were still living together. Once this amount is determined, each parent is assigned a proportionate share of that amount as required child support. The full details of Arizona’s child support guidelines and how the amounts are determined are available online.
The basic formula for determining the needs of the child include the cost of healthcare and insurance, cost and need for daycare, any special requirements for healthcare or education for the child, and the amount of time each parent will spend with the child. The court will also consider if spousal support is being paid by either parent, but that does not mean one parent might have to pay both child and spousal support.
Child Support Deviation in Arizona
Depending on the financial situation of the parents and changing needs of the child, those child support amounts and obligations can deviate. It is not common for the court to make a change to child support payment amounts and any modification of child support once it has been established requires clear evidence of significant and continuing changes in the circumstances of the child. This could be a change in the health care needs or cost, substantial changes in the educational needs of the children or some extenuating circumstances that present clear increases in the cost of supporting the children.
A significant change in the income of either parent could warrant a child support deviation in some cases, but that alone will not immediately support a change in the award. Arizona Appellate Courts have upheld that the decision to deviate from the child support guidelines rests with the trial court and they will not alter that decision unless there was clear abuse of that discretion or clear errors in the facts used to establish the child support payment amounts.
Precedent for Child Support Deviation in Arizona: Nash v. Nash
Most Arizona residents are familiar with Steve Nash, but they are probably unaware that his divorce and child support case of Nash v. Nash (2013) set the recent precedent for child support standards and guidelines in Arizona. The Arizona Court of Appeals held that child support should allow the children involved in a divorce to enjoy the reasonable benefits they had before the divorce and the amount of child support payments should include reasonable costs of these benefits.
Find the Best Divorce and Family Law Attorney in Arizona
Any divorce involving children is difficult for everyone involved. It’s much more difficult if you don’t have an experienced divorce and family law attorney representing them throughout the process. Once the divorce is resolved, both parents still have an obligation to provide financial support for the children. RSN attorneys assist you in making sure those obligations are fair for your children and that they are met. Schedule an initial consultation with our online contact us form or call our office today at 480-712-0035.
RSN Law intends this article to be for informational purposes, not to be relief on a specific legal matter, and do not create an attorney-client relationship.