Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Child Support Guidelines - contains a detailed look at Arizona's child support statutes, including a schedule of basic child support obligation. Arizona follows the Income Shares Model.
Child Support Calculator - online tool to calculate child support amount based on the above guidelines. Critique of the Arizona CS System - from
Roger F. Gay, Project for the Improvement of Child Support Litigation Technology
Additional Resources:
State Bar of Arizona - contains legal
links, ethics opinion database, and other information from and about the State
Bar of Arizona Family Center of the Conciliation
Court - free mediation and counseling services available in Pima county. Children's Rights Council - national
nonprofit organization based in Washington, DC that works to assure children
meaningful and continuing contact with both their parents and extended family
regardless of the parents' marital status. For the Arizona chapter, contact
Conrad Green, 480-970-5903. Arizona Fathers' Rights
- helps parents to become proficient in Arizona law and divorce, paternity and
custody proceedings in an effort to ensure children's well-being and to preserve
fathers' constitutional and statutory rights.
Legal overview
A divorce is a court procedure to end a marriage, provide for child custody, support, visitation, division of community property and debts, and in some cases, alimony. Either you or your spouse must live in Arizona for at least 90 days before you can file for a divorce. If custody of children is requested, a longer period of residence may be required.
Grounds
There are no specific "grounds" are required to get a divorce in Arizona, other than one spouse’s belief that the marriage cannot continue. If either spouse believes the marriage can be saved he or she can ask for free marriage counseling through Conciliation Services.
The typical divorce procedure is as follows: One spouse, called the Petitioner, files a request or a Petition for Dissolution of Marriage with the Clerk of Court in his or her county and pays the filing fee. The other spouse, called the Respondent, is served with the Petition and other papers. If the Respondent does not agree with what the Petitioner has requested in the Petition, the Respondent must file a Response no later than 20 days (30 days if out of state) after he or she was served with the papers. However if the Respondent agrees with everything contained in the Petition, then a Response is not necessary.
If the Respondent does not file a Response within the time allowed, the Petitioner can apply to the Court to proceed by default because the Respondent has not objected in writing. In this situation the respondent will not be able to offer evidence at the hearing. At any time the spouses may agree on custody, visitation, child support, property and debt division, spousal maintenance or any of the other issues that have not been agreed to earlier. The total agreement approved and signed by both spouses must then be made part of the Decree of Dissolution and presented to the judge or commissioner for approval.
If the Respondent files a Response disagreeing with any of the requests made by the Petitioner in the Petition for Dissolution, then a trial is held. At the trial both spouses may present testimony and other evidence. Then the judge will decide how the property and debts will be divided, which parent will have custody, the amount of child support, a visitation schedule, and the amount of spousal maintenance and any other issues on which the spouses cannot agree.
Alimony
Alimony may be awarded in one of four situations: (1) a spouse lacks sufficient property to meet his or her reasonable needs; (2) a spouse can’t support him/herself by employment or must stay home with a young child; (3) a spouse supported his or her spouses’ education; or (4) the marriage was long and a spouse has little chance of employment.
The Court considers the length of the marriage, each party’s age, health, and employment, the standard of living established during the marriage and other factors in deciding the amount and duration of spousal maintenance.
Unless each spouse specifically agrees in writing that the maintenance will continue after remarriage of the receiving spouse, the maintenance will end. Remarriage of the paying spouse will not end his or her obligation.
Property
Arizona is a "Community Property" state. Community property is all property acquired during the marriage through the efforts of either spouse. Usually, the community property is divided equally. It does not matter that one spouse contributed more than the other. Further, if one spouse had property prior to the marriage, but that property has increased in value during the course of the marriage due to the efforts of either or both of the spouses, then the increase in value could be deemed community property and divided between the parties.
The Court cannot divide "Separate Property". Separate property consists of items owned before the marriage or received as an inheritance or gift during the marriage and kept separate during the marriage. Debt incurred during the marriage is presumed to be community debt. Generally the Court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse.
Custody
Joint custody can mean joint legal custody or joint physical custody or both. Joint legal custody means that both parents share legal decisions and neither parent’s rights are superior. Joint physical custody means that the physical residence of the child is shared by the parents in a manner that assures the child has substantially equal contact with both parents. There is no presumption in favor of individual or joint custody.
If the parents cannot agree on custody of the children, the Court will make the decision according to "the best interests of the children," taking into account many factors including where the child has been living, the child’s wishes and the mental health of the parents. The Court will not prefer a parent solely because he or she is male or female. The Court may seek the assistance of social workers and other professional persons. Domestic violence, and drug abuse are considered contrary to the best interests of the child.
Child Support
It is the duty of both parents to support their minor children. Usually the non-custodial parent is ordered to pay child support. Child support MUST be paid before any other debts. The amount of child support that will be ordered by the Court is based on child support guidelines.
Support for a child must be paid until the child is 18 years old, graduates from high school, becomes emancipated, or dies. If the child will be 18 during the school year, then support will continue until the end of that school year, or whenever the child graduates from high school, even if beyond the 18th birthday. If the child is disabled, child support may continue by order of the Court after the child is 18 years old. The parent paying the child support may be subject to an assignment of wages. Assignment of wages occurs when money is taken from the paying parent's paycheck to go directly towards child support.
Even if your parental rights have been terminated by court order you still need to pay your child support. Generally, only after a child is adopted, emancipated, reaches the age of 18 years or dies does the parent’s duty to pay child support end. You cannot avoid paying child support whether current, future or past due support, by filing bankruptcy.
Decree
A Decree of Dissolution of Marriage is the final order of the Court which makes each party a single person again, and includes separate orders concerning child custody and visitation, child support, division of property and debts, spousal maintenance and any other appropriate orders. A Decree of Dissolution is a court order and can be enforced just as any other order of the Court; for example there may be civil and/or criminal penalties for the spouse who does not follow the orders included in the Decree. The Decree is an important document and should be kept in a safe place. A certified or duplicate copy of the Decree can be obtained from the Clerk of Superior Court for a small fee.
Conciliation Services
Conciliation Services is a separate branch of the Court made up of trained family counselors and mediators that are available in many counties to assist couples in resolving marital problems and disputes over children without involving trials, lawyers and judges. Conciliation Services have free counselors who will assist any couple whether they have separated or not. You can get counseling even after a petition for dissolution has been filed. Contact the Conciliation Services in your county to find out how to set up an appointment.
There is a mandatory education program about dissolution. Each party must attend a court-approved program educating the parties about the impacts of dissolution. Unless the court excuses participation, a non-participating spouse may not be able to obtain any court relief in the dissolution process without completing the program.
NOTE: This information, based upon Arizona law, is issued to inform, not to advise.
This information comes from:
The State Bar of Arizona
111 West Monroe, Suite 1800
Phoenix, AZ 85003-1742
