Arizona Child Support Lawyers

Let our Arizona Child Support Attorneys Provide the Guidance You Need

Whether you’re an Arizona parent needing child support or have been ordered to pay it, the legal process can feel confusing and overwhelming.

The child support attorneys at Gillespie, Shields, & Taylor provide guidance for Arizona parents through every aspect of child support, from establishing it, modifying it, enforcing it, to defending against unfair demands.

Let us help you know what to expect, what steps to take, and how to avoid common issues involving child support in Arizona.

Understanding Child Support Under Arizona Law

Arizona Revised Statute § 25-320 allows courts to order one or both parents to pay an appropriate amount of child support to help cover the costs for caring for a child.

Child support payments help ensure that a child’s basic needs are cared for, including food, housing, clothing, medical care, and education. 

According to the statute mentioned above, these support payments are normally paid until a child reaches adulthood, which may be the child’s 19th birthday at the latest. 

However, there may be exceptions made for child support payments to extend beyond the child’s 19th birthday. For example, Arizona Revised Statute § 25-501 recognizes that a child with mental or physical disabilities may require child support on into their adult years. 

If you need help understanding or applying the Arizona laws and statutes surrounding your child support case, our attorneys can help you.

Who Pays Child Support in Arizona?

Even though Arizona requires both parents to care for the needs of their children as found in Arizona Revised Statute § 46-401, the parent with less parenting time is often ordered to pay child support to the parent who has the majority of time with the child.

However, a parent’s income also plays a major role when establishing child support orders. Thus, a parent with equal or greater time with the child may also be ordered to pay child support if they earn substantially more than the other parent. 

Our attorneys know how to use financial tools and resources to uncover the complete income amount of a parent to ensure that a fair child support payment is made each month.

How Child Support Is Calculated in Arizona

Thanks to a formula found in the Arizona Child Support Guidelines, child support payments are fairly calculated for each family.

These guidelines are revised by the Arizona supreme court at least every four years in order to ensure a fair amount is reached, as outlined in Arizona Revised Statute § 25-320 (D).

By examining each parent’s income, parenting time, and other factors, these guidelines create fairness and predictability while still allowing some room for adjustments in unique cases.

Key factors used in creating a child support amount include:

• Gross income of each parent
• Monthly income of each parent
• Number of children each parent has
• Parenting time (number of overnight stays per year)
• Costs of health insurance premiums
• Childcare expenses
• Education-related costs

Using these and other factors, judges can establish child support payments that care for the child’s needs without imposing an undue hardship on the parent. 

Our child support attorneys are ready to help you ensure a fair child support amount is being paid. This includes examining all financial documents, assessing any factors that might justify a deviation, and ensuring the final number is both fair and enforceable.

Modifying Child Support in Arizona

Arizona child support orders are not permanent. This allows orders to adapt to the ever-changing circumstances surrounding your life, the life of the other parent, and that of your child.

Thus, Arizona Revised Statute § 25-327 allows for modification if there is a “substantial and continuing change in circumstances”. Additionally, the change must continue to be in the child’s best interests.

Examples of changes requiring child support modifications include:

• A significant change in either parent’s income
• Job loss or promotion
• A change in parenting time
• Increase in childcare or medical expenses
• Remarriage or additional children 

If your child support change is straightforward, you may request a modification through the Request for Modification Review, which involves completing a form and providing the required documents such as pay stubs.

However, there may be more complex or contested child support changes that require further steps beyond the method mentioned above.

In either case, it’s best to have our experienced child support attorneys guiding matters to ensure a fair outcome is reached and that your children’s needs are cared for.

How Arizona Child Support Is Paid

Since support payments play a crucial role in the life and well-being of your child, Arizona makes sure these payments are not left up to chance.

Instead, there are a number of payment methods that are approved by the state to ensure they are regularly made each month.

Arizona child support is often paid through:

Arizona Department of Economic Security Portal

This secure online payment portal provided by the state allows parents to make child support payments using either a bank account or credit card.

Income withholding orders

For various reasons, a parent may have child support payments automatically deducted from their wages to ensure they are paid each month.

Direct payments

This arrangement is less common and usually discouraged due to potential disputes. For example, support that is paid directly to the other parent and not through a clearinghouse may not be fully documented. As a result, it may not be properly credited as a payment.

Depending on the circumstances surrounding the child support case, these payment forms may be agreed on by the child’s parents, or they may be included in the court’s order.

Our child support attorneys are ready to help with any payment matters. This includes helping you understand the best option for your case, setting up wage garnishment when needed, and ensuring payments are properly documented.

When a Parent Doesn’t Pay Child Support 

The well-being of a child is always the Arizona court’s top priority. That’s why non-payment of child support is a serious legal issue in Arizona, resulting in significant consequences that can include jail time.

The Arizona Department of Child Support Services (DCSS) and the courts have several enforcement tools available to ensure child support is paid.

These enforcement tools include:

• Wage garnishment
• Seizing tax refunds
• Suspending driver’s or professional licenses
• Placing liens on property
• Reporting to credit bureaus
• Contempt of court charges, which can result in jail time

If you’re the receiving parent and not getting the support you’re owed, let our attorneys help. For example, we can help file an enforcement action to get the authorities involved in the matter.

At the same time, we can also help if you’re the paying parent and have fallen behind due to job loss or another unexpected hardship. One way we can help you is by seeking a child support modification to help you avoid penalties or incarceration.

Child Support in High-Asset Cases

Arizona child support involving high-income families can add several layers of complexity to child support cases. These often involve families with business ownership, significant bonuses, real estate, or investment income. 

Let our child support attorneys break down common issues that parents on both sides may face.

When you’re a high-asset parent facing child support issues:

A major reason for a high-asset support case’s complexity is due to the most recent Arizona Child Support Guidelines capping out at $30,000 in combined monthly income, effective Jan 1, 2022. 

That means if Arizona parents have a combined income of more than $30,000 per month, the courts are responsible for determining whether a higher amount is in the child’s best interests.

As a result, if you’re a parent with higher assets, you may be fully dependent on the court’s discretion when it comes to establishing how much you will pay in child support.

Our attorneys can help you calculate accurate income beyond base salary, ensure support amounts reflect the child’s accustomed standard of living, and avoid overpayment due to inflated or temporary income.

When your child support case involves a high-asset parent:

In other cases, you may be a parent who is seeking the child support amount you deserve from a high-asset parent who doesn’t want to pay. 

When this occurs, our attorneys can uncover the high-asset parent’s true income amount, including hidden income or assets.

By using forensic accountants and formal discovery tools like subpoenas and depositions, we’ll help ensure your children are cared for as they deserve — even helping you receive retroactive support if deception is proven.

The child support attorneys at Gillespie, Shields, & Taylor are ready to help you if you’re a high-asset parent or are facing a support issue with one.

Still Have Questions About Arizona Child Support?

Arizona child support matters can be incredibly confusing, with complex calculations, unique exceptions, and various government agencies involved.

Additionally, your child support case may have a number of unusual factors, such as the other parent hiding income or tension between you and the other parent.

When you need trustworthy answers and legal guidance with your child support issues, let Gillespie, Shields, & Taylor help.

We’ve handled child support matters for four decades, and are ready to help with everything from an initial establishment to enforcement or modification. 

So whether you’re seeking support, defending against excessive demands, or working through enforcement or modification, we’ll provide you with the answers and insights you need, a clear legal strategy that’s right for you, and an understanding legal team that truly listens.