questions & answers

Question: I am a single mom. I live in Yavapai County. I had to be air lifted to Phoenix at 23 weeks pregnant and gave birth to my 1 lb. daughter. She has been in the hospital in phoenix since birth on January 29, 2013. I want to file for child support but someone told me I have to wait until she is 6 months old because she has to live in Yavapai county (her home)for 6 months. Since she has only lived at the hospital in Maricopa county. What do I do?

Answer: An order for child support can be filed at any time as long as the legal conditions are met. Most of the conditions that are related to child support are factors that apply more so to the adults than to the child(ren).  The Arizona Child Support Guidelines (http://courts.yavapai.us/selfservicecenter/files/2012/01/drs10h.pdf) lists the legal conditions that courts look at such as if the child was born in or out of wedlock, how long a child support order will last, and how much money must be paid. There is no actual mention of how old a child must be or how long a child must live in any county in Arizona. It is always a good idea to review the Child Support guidelines to ensure that all the needed information is understood to resolve child support issues as well as to look toward A.R.S. 25-320 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00320.htm&Title=25&DocType=ARS) which also states the legal factors that the courts use in determining child support.