• Child custody cases can be difficult on both the parents and the children involved. One of the more challenging elements of the case revolve around custody and child support. For residents of Arizona, asking the right questions about state laws before the court proceedings can help both parents be prepared and make the entire transition easier on their children.
  
  

Do I Have to Establish Paternity?

• Arizona law requires that parents establish paternity of a child to proceed with a child support case. Legally establishing paternity allows the father to have the legal rights and privileges that are provided to all parents. Arizona allows for two opportunities to establish paternity: both parents may sign an acknowledgment form establishing paternity; or if paternity is contested, the state will arrange for DNA testing followed by a court order naming the biological father as the legal father. For married couples, the husband is assumed to be the biological and legal father.
  
  

What Factors Determine Child Support Payments?

• After establishing paternity, both the custodial and noncustodial parent can then begin the process of determining child support payments. Arizona child support cases examine the income of both parents using their gross income before any allowed expenses and deductions. The noncustodial parent may also receive an adjustment on the monthly amount based on the amount of time spent with the child. Factors such as debts, living expenses and the earnings of a new spouse will not be considered. The court may also decided to consider the cost of medical insurance, child care expenses and special education needs on a case by case basis. An adjustment may also be given if the child is a teenager to reflect additional expenses.
  
  

Can Child Support Be Modified?

• Arizona law allows child support modifications if a review of the state guidelines will result in a change in amount owed by 15 percent; this change can be higher or lower than the amount the noncustodial parent is currently paying. Both parents are required to exchange financial documents such as tax returns every 24 months until the child support obligation is terminated. If a child support order is modified, the modification typically dates back to the first date of the month following the request for modification. For example, a modification request filed in March but decided in May would be retroactive to April 1. If the court determines that the noncustodial parent has paid less than required to support the child, up to three years of retroactive payments can be ordered.