Child support is determined by a formula adopted by the Arizona Supreme Court. The amount of support is determined by adding together the monthly gross income for each party. From that number a basic support amount is determined from the guidelines. The basic support amount is then affected by such things as medical insurance for the child, child care, educational costs, the age of the child, and support of other children.
Usually, child support is paid by wage assignment. The wage assignment is sent by the Court to the employer of the parent ordered to pay child support. The employer is required, under federal law and state law, to withhold the child support in pay it over to the Support Payment Clearinghouse. However, if the employer does not withhold and pay over the child support amount, or pays less than the amount ordered, it is still the responsibility of the paying parent to make sure he/she stays current on the child support. Payments of child support are made through the Support Payment Clearinghouse. If payments are made directly to the seating parent, assumption is those payments are a gift unless otherwise agreed, in writing, by the parties.
State law requires that the parties tell the Court what child support should have been absent the agreement. It also requires that the parties provide a good reason to the Court why there should be no child support. It is up to the discretion of the Court to determine whether to agree with the parties desire not to order child support.
In cases where the non-custodial parent has not been contributing or under-contributing to the support of the children, the court can order up to 3 years of back child support. Additionally, the court can issue an award for unreimbursed birthing expenses.
