In Arizona child support cases, the calculation of child support is governed by the Arizona Child Support Guidelines (the “Guidelines”). The Guidelines lay out a mathematical formula for calculating child support. Several variables must be decided by the judge (in contested cases) and applied in the child support calculation formula to determine the ultimate child support amount. One of these variables is the income of each parent.
Under the Guidelines, “the court generally does not include more income than earned through full-time employment.” Guidelines, Section II.A.3.a. A parent is generally not expected to work an “extraordinary work regimen.” But where appropriate evidence is presented, a judge “may consider [overtime income] . . . if that income was historically earned and is anticipated to continue into the future.” Guidelines, Section II.A.3.b.
In the Arizona Court of Appeals case Hoobler v. Hoobler (https://law.justia.com/cases/arizona/court-of-appeals-division-one-published/2022/1-ca-cv-21-0331-fc.html) published on October 6, 2022, the trial court did include the father’s historic overtime income in issuing its child support award, and the trial court’s decision was affirmed on appeal. The evidence at trial, which included paystubs and testimony, established that for the previous ten years, the father had regularly earned overtime income. The trial judge also presumably found that the overtime income was likely to continue into the future.
An important lesson from this case is that trial judges have broad discretion in issuing child support awards. If the trial judge’s decision on a child support calculation falls within the law and is supported by evidence presented at the trial level, the child support award is not likely to be disturbed on appeal, even if the child support award goes against the norm.
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