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How is child support and alimony determined in Arizona?
By Laurence Hirsch
When divorced couples have minor children, the amount of child support is often a contentious issue in the divorce. In Arizona, child support can be estimated using the Arizona Child Support guidelines. The courts provide a free calculator that can be used to determine what a divorced parent’s maintenance obligations might be. They take into account the time spent with each parent, both parents’ income, the children’s ages, medical costs, childcare, and education expenses. The calculator is an estimate of child support and the amount ordered by the court may differ from the estimated amount. Once the court orders child support, it becomes a financial liability that can and will be deducted from parents’ paychecks and paid directly to the Child Support Clearinghouse. According to ARS §23-722.01(d), Arizona employers are required to report all new hires within 20 days of the hire date. DES uses the child support computer system to match new hire information to open child support cases. Even if there is an oral or written agreement between the parents to change the amount of child support, the employer will still deduct the amount of child support if ordered by a court.
As with many divorced couples, circumstances change. The time children spend with a parent may increase or decrease, or the amount of income a parent earns may change significantly. While parents can enter into a new child support agreement, we would not recommend doing so. Rather, they must go back to court and apply for an amended child support payment, even if it is the amended amount that they both already agreed to. Going to family court for minor child support adjustments is not in the best interests of either party. The circumstances must be clearly different. If a spouse remarries, the income of the new spouse is not taken into account when calculating the change in child support.
Spousal support, often called alimony, can be a very hotly debated issue in a divorce. The general purpose of spousal support is threefold:
1. Compensation for unfair economic circumstances when a marriage ends
2. Providing income for a spouse to receive education or other opportunities to increase earning potential
3. Provide the spouse with the standard of living enjoyed during the marriage
There is a misconception about spousal support being determined by a formula. It is not determined solely by the length of marriage, different income levels, lifestyles or educational levels. While these are factors, they are not the only points to consider. While many couples negotiate and agree on both the amount and duration of spousal support, others leave the decision to the family courts. The court takes into account the amount of child support when determining spousal support — and spousal support is a data point that goes into the child support calculator. The more spousal support a party receives, the less child support they will receive. If the income is not sufficient to support both spouses, no spousal maintenance may be ordered.
About the Author: Laurence Hirsch is a family law attorney with the Jaburg Wilk law firm in Phoenix. He has experience representing high net worth individuals who have conducted close businesses in their marital union. He can be reached at 602.248.1000 or info@jaburgwilk.com.
Jaburg Wilk is a paid sponsor of Sonoran Living
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