FAQ - Child Support
When legal decision making is decided, how does a parent obtain child support?
The law provides that when the court grants a legal decision making order, it also must decide what amount of child support should be paid, by each parent, under the Arizona Child Support Guidelines. Joint legal decision making does not mean that either parent is no longer responsible to provide for the support of the child.
Where can I get help completing the Parent’s Worksheet to establish or modify a child support order?
The Arizona Supreme Court maintains an online child support calculator. If you do not have exact figures, you can estimate the information input on the worksheet. You should be prepared to explain to the court the numbers used.
Resources:•
Arizona statewide online child support calculator
How is child support determined in Arizona?
The current Arizona Child Support Guidelines follow the Income Shares Model. An income shares model is a model that takes into consideration the income of both parents. The guidelines allow for the children to be supported at the same level as when the parents and child were living together. Each parent contributes his or her proportionate share of the total child support amount. The Arizona Supreme Court and the self-service center also offer a free online child support calculator that may help you determine if a change in the child support amount is appropriate
Resources:
Arizona statewide online child support calculator
Arizona Child Support Guidelines
What are IV-D services?
Title IV-D (Title IV-D of the Social Security Act) services are for any person with legal decision-making of a child who needs help to establish a child support or medical support order, any parent who already has a support order who needs help to collect support payments, or any noncustodial parent can apply for IV-D child support.
If you are receiving public assistance from Temporary Assistance for Needy Families (TANF), or Medicaid or federally-assisted Foster Care programs, you have been automatically referred to the Division of Child Support Services (DCSS) for services.
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How do I apply for Title IV-D services?
Title IV-D services are offered by the Division of Child Support Services (DCSS), a Division of the Department of Economic Security (DES). DCSS helps oversee Arizona's Child Support Enforcement Program and administer child support.
To qualify for Title IV-D:
The child or children are under 18 years old,
The father must be established through either a paternity test or a non-contested birth certificate,
If the parents were married, they are now separated or divorced and did not have a child support order established by the court, and
Notice is given to both parents that child support will be established. If a parent cannot be reached after a certain amount of time, a default order is acceptable.
To apply:
Complete a Request for Title IV-D Child Support Services (complete an additional page for each child by the same set of parents).
Submit the documents
Email - dcss-documents@azdes.gov
Mail - P.O. Box 40458, Phoenix, AZ 85067
Drop off in-person - Find your local DCSS office
After the application is received and processed, a case will be opened and DCSS will inform the parents, by mail as to their next steps.
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What guidelines do judges use when establishing the amount of the support?
The Arizona Supreme Court Child Support Guidelines are used to determine child support in Arizona. The guidelines take into consideration the needs of the child and the ability of the parents to pay. Courts in Arizona must use these guidelines unless they can be shown to be unfair to the child(ren). The court or DCSS office may consider the parents’ earning potential and any other natural dependents the obligated parent may have. Anyone requesting copies of, or information about, the Arizona Child Support Guidelines can obtain this information from the Arizona Administrative Office of the Superior Court.
Resources:
Department of Child Support Services - FAQ
Child Support Calculator Information
Can I get a child support order without getting a legal separation or divorce?
If the persons have never been married, yes. You may file a petition directly with the court; a private attorney may file on your behalf; or the local Division of Child Support Services may help you establish a support order, as well as paternity, if that is an issue in the case. If you are currently married, you will need to contact an attorney or research the Arizona Revised Statutes to determine if child support can be ordered without filing a separation or divorce proceeding in court. For information regarding child support while married, contact the Division of Child Support Services.
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I am sure the other parent is willing to pay support. Can we make an agreement between ourselves and present it to the court?
When parents can cooperate and agree, it makes establishing a child support order easier. You may also retain an attorney you want to represent you or go through a mediator or a family counselor. The sole interest of the court in your agreement is to ensure that it is fair to everyone involved, that the interests of the child(ren) are protected and that the agreement conforms to the mandatory child support guidelines. If you are currently receiving public assistance or have in the past, the state will be notified of the hearing date because you assigned your monthly current support to the state when you were on assistance.
Resources:
Department of Child Support Services - FAQ
Child Support Information
Are there special considerations in establishing support if one or both parents is a minor?
A minor parent is not exempt from having a support obligation under Arizona law, but the age of the parent is considered in the amount of child support that is appropriate under the Guidelines. Minimum wage is not attributed to minor parents while they are in high school; only their actual income is considered. When child support is established in a case involving a minor parent, the parents or guardians of the minor are encouraged to participate in the proceedings. In some cases, establishment of support is deferred until the parent is no longer a minor. Arizona law prohibits entry of default orders against minors.
Under Arizona law, the court may also determine that a parent is not obligated to pay support for a child if paternity was the result of that parent's contact with a person who was found guilty of sexual assault of, or sexual conduct with a minor. The issue of whether someone should be prosecuted is a law enforcement matter that DCSS is not involved in.
Resources:
Department of Child Support Services - Department of Child Support Services Resources
I am a noncustodial parent, but my child lives with me now. Can I change the child support order?
Yes. When there is a change in visitation or custody of the child, you can either go to court and ask for a change in the child support order, or you may ask DCSS to modify the court order. You may be able to reduce child support or begin receiving child support from the other parent.
Resources:
Department of Child Support Services - FAQ
Child Support Information
I cannot get health insurance at my job. The noncustodial parent has good benefits at work. Can the noncustodial parent be required to carry the children on his or her insurance?
Yes. The child support guidelines of Arizona and state law require that one of the parents provide medical insurance when it is available at a reasonable cost. The DCSS office must petition the court to include medical support in any order for child support when employment related or other group health insurance is available to the noncustodial parent at a reasonable cost. Court orders can also be modified to include health insurance coverage.
Resources:
Department of Child Support Services - FAQ
Child Support Information
I already have a support order, but the payments are barely enough for my child. Is it possible to change the amount of monthly support I receive?
Under federal and state law, you have the right to request a modification of your child support order. DCSS can help you review for a modification of your child support order if you qualify. The review is based on the current income of the parents, the Arizona child support guidelines, and if there is a situation that is substantial and continuing, which would change your order by 15 percent or more. The review may result in an increase, decrease, or no change in your child support order. If you believe your case meets these criteria, you may click on the link to the modification packet and complete all of the required forms. Return them to: Modification Packet, Division of Child Support Services, P.O. Box 40458, Phoenix, AZ 85067; or you may go to a local DCSS office to pick up a modification packet; or you may contact DCSS at 602-252-4045 or 1-800-882-4151. If the review shows that a modification of your order is appropriate, DCSS will send the case to the Attorney General’s office who will take it to court.
Resources:
Arizona Child Support Modification Forms
Department of Child Support Services - Modifying Child Support
Child Support Information
I am receiving TANF. Can I still have my child support order reviewed?
Under Federal law, DCSS is required to review and, if appropriate, adjust a child support order every three years for families receiving TANF.
Resources:
Department of Child Support Services - FAQ
Child Support Information
If my child support order is from another state, where should I ask for a review?
There are a number of factors that determine where a review is actually conducted. If you have a case managed by DCSS or child support agency in another state, you may send a request a review for a modification of your child support order to the child support agency that you normally contact for assistance. If you do not have a case with DCSS, you will need to consult with the court or a private attorney.
Resources:
Department of Child Support Services - FAQ
Child Support Information
My ex-spouse has remarried and has another family to support. How will this affect the support that my children are due?
Even though the noncustodial parent has a second family, responsibility to the first family is not eliminated. The court may grant a reduction in the obligation to the first family based on the obligation of the noncustodial parent to the natural children born into the second marriage. If this should happen, you would be notified ahead of time and given the opportunity to contest the proposed change. Other factors that could lower the support order include change of employment, lack of steady employment, the poor health of the noncustodial parent, or the decreased earning ability of the noncustodial parent.
Resources:
Department of Child Support Services - FAQ
Child Support Information
The noncustodial parent is divorcing again and will have another child support order. We live in another state and I am afraid that this second order will be enforced before mine.
State laws require how child support is to be shared when there is more than one order for child support. If the available income of the noncustodial parent is not enough for both orders, the amount of support sent for your children may be reduced, but you will receive a share of the support as determined by law. For orders enforced by wage withholding, states have a formula for sharing the available income among the support orders. Ask your caseworker for more information.
Resources:
Department of Child Support Services - FAQ
Child Support Information
How long will it take to complete a modification?
The review and modification of an order may take up to six (6) months, depending on how quickly the needed information is provided by both parents.
Resources:
Department of Child Support Services - FAQ
Child Support Information
Will I get to talk to the judge about my family court emergency?
That is up to the judicial officer on a case-by-case basis. You will want to reach out to the court to see what their policies are - Find My Court
How do I tell the court what witnesses I am bringing to a hearing?
Arizona Rules of Family Law Procedure provides the requirements. The local superior court may have forms with instructions available that you can prepare, or you may seek the help of an attorney. The office of the clerk can inform you of the current filing fee, if any.
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