Child Support

questions & answers

Question: Do I have to pay arrears if the child's an adult & her & her mother move out of the country?

Answer:

Most of the time, when a child turns 18 (age of majority) the support obligation would end. This varies by state. There are certain factors that go into whether the support continues after turning 18. In Arizona, we follow Arizona Revised Statute 25-320(f) and 25-501(a), which states:

25-320(f)

E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:

1. The court has considered the factors prescribed in subsection D of this section.

2. The child has severe mental or physical disabilities as demonstrated by the fact that the child is unable to live independently and be self-supporting.

3. The child's disability began before the child reached the age of majority.

F. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided during the period in which the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection E of this section. Notwithstanding any other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program.

If you have more questions, I would suggest you speak with a family law attorney regarding this.

 

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