Arizona courts calculate child support by combining both parents’ gross incomes, applying the Arizona Child Support Guidelines, adjusting for parenting time and child-related expenses, and allocating the total obligation proportionally. As a result, equal parenting time does not automatically eliminate child support, and attributed income may include more than just regular take home pay. This writing provides an overview the major aspects Arizona courts consider, and the factors used in calculating child support in Arizona family law cases.
What Law Governs Child Support in Arizona?
Child support in the State of Arizona is governed by A.R.S. § 25-320 and the Arizona Child Support Guidelines. The Arizona Child Support Guidelines adopt the “Income Shares Model,” which is intended to approximate the amount parents would have spent on their children if the family had remained intact. See Arizona Child Support Guidelines § I(A).
Overview of the Arizona Child Support Formula
Arizona courts calculate child support using a standardized formula that considers:
- each parent’s income,
- the number of children,
- each parent’s parenting time, and
- health insurance, childcare, and other child-related expenses
See Arizona Child Support Guidelines § I(A). The court first determines the total amount needed to support the child(ren), then divides that amount between the parents based on income and parenting time. See id.
Step 1: Determining Each Parent’s Income
In determining the income of parents, Arizona uses gross income, not take-home pay. The Arizona Child Support Guidelines define “Child Support Income” broadly and clarify that it is not the same as taxable income. See Arizona Child Support Guidelines § II(A)(1)(a).
According to Section II(A)(1)(b) of the Arizona Child Support Guidelines, “Income” may include:
- salaries and wages,
- overtime, commissions, and bonuses,
- self-employment income,
- military pay, pensions, and retirement income,
- social Security, disability, and unemployment benefits, and
- trust income, recurring gifts, prizes, or capital gains.
In litigation, disputes frequently arise when income fluctuates, is cash-based, or appears underreported.
Step 2: Adjustments to Income
After each parent’s income is identified, an Arizona court will apply allowable adjustments, such as:
- credit for court-ordered child support paid for other children, and
- certain child support obligations entered before December 31, 2018.
See Arizona Child Support Guidelines § II(B). These adjustments result in each parent’s Adjusted Child Support Income. See id.
Step 3: Basic Child Support Obligation
The parents’ adjusted incomes are combined and applied to the Schedule of Basic Child Support, which estimates the monthly cost of raising the child(ren) based on income and number of children. See Arizona Child Support Guidelines § I(A). Arizona courts typically use the court-approved Child Support Worksheet to perform this calculation, which yields the Basic Child Support Obligation.
Step 4: Child-Related Expense Adjustments
As described in Section III(B) of the Arizona Child Support Guidelines, the Basic Child Support Obligation may be adjusted for additional expenses, including:
- health insurance premiums for the child,
- work-related childcare costs,
- educational expenses, and
- extraordinary medical or special needs expenses.
An additional adjustment may apply if the child is age 12 or older. See id.
Step 5: Combined Child Support Obligation
After all adjustments, the worksheet calculates the Combined Child Support Obligation, which represents the total amount an Arizona court considers necessary to support the child(ren). See Arizona Child Support Guidelines § I(A).
Step 6: Allocation Based on Income
The Combined Child Support Obligation is divided between the parents in proportion to their respective Adjusted Child Support Incomes. See Arizona Child Support Guidelines § I(A).
Step 7: Parenting Time Adjustment
It is important to note that parenting time reduces child support but does not necessarily eliminate it. In adjusting for parenting time, an Arizona court:
- determines the number of parenting days per year,
- converts those days into a percentage, and
- applies a parenting-time adjustment to the parent with greater parenting time.
See Arizona Child Support Guidelines § V. Because of this application, even with equal parenting time, child support may still be ordered if there is a disparity in income.
Step 8: Presumptive Child Support Amount
After parenting-time adjustments and credits are applied, an Arizona court will determine the Presumptive Child Support Obligation, which is presumed to be appropriate in most cases. See Arizona Child Support Guidelines § I(A).
Step 9: Credits for Direct Payments
Arizona courts apply credits for actual payments made by a parent for expenses included in the calculation, such as health insurance or childcare costs. See Arizona Child Support Guidelines § VI.
Step 10: Self-Support Reserve Test
For low-income parents, Arizona courts apply the self-support reserve test to ensure the paying parent can meet basic personal needs while paying child support. See Arizona Child Support Guidelines § VIII.
Step 11: Deviations from the Guidelines
Under Arizona law, courts may deviate from the Arizona Child Support Guidelines in limited circumstances. For example, deviation may occur if:
- both parents agree, or
- the court finds the presumptive amount unjust or inappropriate.
See Arizona Child Support Guidelines § IX. Any deviation must be supported by specific findings by the court. See id.
Step 12: Final Child Support Order
After completing all calculations, the court enters a Child Support Order, typically requiring one parent to make monthly payments to the other. See Arizona Child Support Guidelines § X.
Key Takeaways About How Arizona Courts Calculate Child Support
- Child support is based on gross income, not net income.
- Equal parenting time does not necessarily eliminate child support.
- Parenting time reduces support through a formulaic adjustment.
- Income may be imputed if a parent is unemployed or underemployed.
- Support may be modified upon a substantial and continuing change.
Common Child Support Questions in Arizona
Does 50/50 parenting time eliminate child support?
No; not necessarily. In part, Arizona courts calculate child support based on income differences, which means that a financial disparity may result in a child support award even if the parents are exercising equal parenting time. See Arizona Child Support Guidelines § V.
Can child support be modified?
Yes; in some instances. A child support order may be modified upon a showing of a substantial and continuing change in circumstances. See A.R.S. § 25-327; Arizona Child Support Guidelines § XIV.
Does overtime or bonus income count?
Yes; in some instances, particularly if it is recurring or predictable. See Arizona Child Support Guidelines § II(A).
What if a parent underreports income?
The court may attribute income based on earning capacity or available evidence that shows the income was underreported. See Arizona Child Support Guidelines § II(A)(4).
Why Legal Guidance Matters
Although Arizona’s Child Support Guidelines provide a structured framework, outcomes often depend on how income, parenting time, and expenses are documented and presented to the court. Additionally, errors can result in orders that are difficult to enforce or sustain. Individuals involved in Arizona child support matters often benefit from consulting with a family law attorney to ensure the Arizona Child Support Guidelines are applied accurately to the circumstances of their cases. Huffman-Shayeb Law, PLLC represents clients throughout Arizona in child support matters. If you have questions about your situation, contact the Huffman-Shayeb Law, PLLC to schedule a consultation.