High school graduation ceremonies are just around the corner. If you are currently paying child support for a child who will be graduating soon, now is the time to seek modification or termination of your child support obligation.
Absent an unusual contractual obligation made between two parents, there is no legal obligation to financially support a child who has reached age 18 and has graduated high school. See A.R.S. Sec.25-320F. and 25-501A. For a parent paying child support (the “obligor”), this means that after high school graduation, a child support termination or reduction may be warranted.
If the child graduating high school is an only child or the youngest of several children, the current support obligation automatically terminates at the time of graduation, assuming the child has reached age 18. In this case, no legal action is required to end the child support obligation itself, but legal action may be needed to stop the garnishment of the obligor’s wages for payment of child support. If the obligor’s child support obligation is paid by wage garnishment, the action needed is a motion to stop order of assignment.
When the child graduating high school has younger siblings, although a termination of child support would not be available, a modification/reduction of the child support obligation may be appropriate. This modification does NOT happen automatically. The obligor must take legal action.
Retroactive modifications of support are not possible in Arizona. See A.R.S. Sec. 25-327A. A modification is effective on the first day of the month after notice is given (usually the date of personal service by a process server) of the petition to modify child support. In short, if an obligor wants his child support obligation to be modified effective June 1, 2019, he needs to file his motion to modify support and have it served on the other party by May 31, 2019.
When a parent seeks a modification of child support, the court looks at all the factors that go into the child support calculation under the Arizona Child Support Guidelines. The court does not look at just one factor in isolation, such as the reduction in the number of children covered by the support order. As an example, a child support obligor should not assume that his child support obligation will necessarily be reduced when the eldest of his three children graduates high school. If his income has increased significantly or other factors have changed since the previous child support order was issued, his obligation for the remaining two children could equal or exceed his previous obligation for three children.
Before filing a child support modification action, it is best to consult with an attorney and run some calculations based on all of the current circumstances to see if a child support reduction is warranted.
Copyright © 2012, 2019, 2023 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.
