Child Support

questions & answers

Question: I have 2 sons one is 19 and out of school the other is 17 and in school I was told I have to continue to pay support till the other is out of school is this true ? i am up to date on support and have not missed payments....please help ....

Answer: Child support determinations are decided by the court. However, the statute governing child support in A.R.S. §25-320. Specifically, per A.R.S. §25-320(F), the rule states that if the child reaches the age of majority while still in school then child support shall continue up until he child reaches the age of nineteen (19) unless there is an order by the court under subsection (E). Subsection (E) works in conjunction with subsection (D) which provides factors for the courts consideration. The factors are taken together and weighed in conjunction with one another. They are as follows: 1. The financial resources and needs of the child. 2. The financial resources and needs of the custodial parent. 3. 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. 4. The physical and emotional condition of the child, and the child's educational needs. 5. The financial resources and needs of the noncustodial parent. 6. The medical support plan for the child. The plan should include the child's medical support needs, the availability of medical insurance or services provided by the Arizona health care cost containment system and whether a cash medical support order is necessary. 7. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 8. The duration of parenting time and related expenses. In addition, if the child is at the age of majority a court may order continued support past the age of majority under subsection (E) if: 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. Please note the information provided is general. It is best to obtain the court order outlining the child support requirements for your particular case and speak with an attorney.