Child Support

questions & answers

Question: My son is 18 and will graduate HS next spring. He has already been accepted to ASU west and will live at home since it is so close to the house. Can I have my ex continue to pay child support if he is in college and living at home?

Answer: The presumptive termination date is the last day of the month of the child’s 18h birthday. If the court finds that the child will not complete high school by his/ hers 18th birthday then the presumptive termination date will be the last day of the month of the child’s graduation date, or by the age of 19, whichever comes first. In accordance with ARS 25-320 section E. if petitioned the court may order for support to continue past the age of majority only if ALL of the following are true: 1. The Supreme Court finds that the amount of child support determined is unjust or not in the best interest of the child and thus will consider: A. The financial resources and needs of the child. B. The financial resources and needs of the custodial parent. C. The standard of living the child would have enjoyed if the child lived in an intact home with both parents to the extent it is economically feasible considering the resources of each parent and each parent's need to maintain a home and to provide support for the child when the child is with that parent. 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.