Arizona Divorce Procedures

Arizona Divorce Procedures

Complete overview of Arizona divorce laws for people considering an Arizona divorce or filing an Arizona divorce with issues to be resolved about child custody, child support, visitation and alimony.

Arizona Divorce Residency Requirements

In order to file your Petition for Dissolution of Marriage in Arizona, you must make sure the Superior Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Arizona residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage.

The Dissolution of Marriage is typically filed with in county in which the filing spouse lives.

(Arizona Statutes – Title 12 – Chapters: 401 and Title 25 – Chapters: 312, 329)

Arizona Grounds for Divorce

The Petition for Dissolution of Marriage is the initial document filed with the Arizona court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

No-Fault Based Grounds:
The marriage is irretrievably broken.

Covenant Marriage Based Grounds:
Fo covenant marriages only (Arizona recognizes what is considred a “higher” form of marriage called a “Covenant Marriage”) the possible grounds are as follows:

a) Adultery.
b) Commited a felony and imprisonment in any federal, state, county or municipal correctional facility.
c) Abandonment for 1 year.
d) Physical or sexual abuse.
e) The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage.
f) The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.
g) Drug or alcohol abuse.
h) Mutual consent.

(Arizona Statutes – Title 25 – Chapters: 312, 901, 903)

Arizona Uncontested Divorce

This information is an overview of the uncontested Arizona divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Arizona.

In Arizona, the legal grounds for a divorce are No-Fault, which means an irretrievable breakdown of the marriage has happened. However, Arizona recognizes what is called “covenant marriages,” which are held to a higher standard than standard marriages. Covenant marriages may only be dissolved on grounds of:

a) adultery; b) conviction of a felony carrying the death penalty, c) abandonment for more than 1 year; d) commission of domestic violence against a spouse, child, or relative; e) living separately or apart for 1 year after a legal separation is achieved; f) habitual use of drugs or alcohol; and g) both spouses agree to the dissolution.

Arizona recognizes legal separations. It is a community property state.

The filing spouse is called the Petitioner; the responding spouse is called the Respondent. Divorce actions are filed in the Superior Court, which is the county court.

To file for divorce in Arizona, either the Petitioner or the Respondent must be a resident of the state for 90 days.

A divorce cannot be granted until at least 60 days after the first divorce papers have been served on the Respondent. Although Arizona does not have a simplified or summary action, acceptance and waiver of service is allowed, so if the spouses are agreed about the divorce and its terms and conditions (the property settlement, division of assets and liabilities, spousal and child support and visitation), the divorce can be granted soon after the waiting period.

In Arizona, all divorce actions have six steps that are as follows:

a) Filing of the divorce action in the Superior Court;
b) Serving the Respondent with the required divorce papers;
c) Filing for an Application for Default (Form 800);
d) Setting a hearing (in some counties);
e) Observing the 60-day waiting period;
f) Appearing for a court hearing or using the mail-in procedure.

In order to start the action, the Petitioner must select the appropriate Petition, Decree and other forms depending upon whether the marriage has minor children or does not have minor children.

If the marriage is without minor children, the appropriate Petition forms are as follows:

a) Petition 100 a-b, page 1, which identifies the parties, their addresses, date and place of marriage.
b) Petition 101, page 2, which gives relevant information about wife’s pregnancy, names children common to the parties, stipulates whether action is a divorce or separation, whether a conciliation action has been filed, whether support is sought or not sought.
c) Petition 102, page 3, which requires a listing of all community property, assets and liabilities and retirement benefits, if any.
d) Petition 104, page 4, which stipulates the relief sought by the Petitioner.
e) Petition 105, page 5, which stipulates any additional actions required by the relief, for example, the sale of the marital home and the distribution of the profits.

The appropriate Decree forms are Decree 200 a-b, Decree 201, Decree 202, Decree 204a and Decree 204b, which are numbered pages 1 to 5, respectively.

The Decree Forms are positioned the same as the Petition forms; the forms reiterate the Petition forms as a court order. Thus the information in the Decree forms must match the information on the Petition forms because the Petition is simply the requests granted in the Decree.

The other forms required in a divorce are as follows:

a) Form 240, the Family Law Sensitive Information Sheet, which provides the court with the particulars of the case — the names and addresses of the husband, wife and children.
b) Form 250, the Cover Sheet, which identifies the case and is required in Maricopa County, identifies the parties.
c) Form 300, Petitioner’s Conciliation Court Information Sheet (required in Maricopa and Pinal Counties), which identifies the parties in the marriage for the record, may be used of the Conciliation Court. (The Conciliation Court provides marriage counseling services either prior to the divorce action or after it is final.)
d) Form 301a-b, Affidavit Regarding Minor Children, which provides the court with information regarding the children of either or both spouses, stipulates whether they are involved in custody disputes elsewhere. Most counties do not require these forms if there are no minor children. Pima county requires it regardless of whether there are children or not.
e) Form 350a-b, Preliminary Injunction, which restricts the actions of both the Petitioner and the Respondent, enjoins dissipation of community property, removal of children from the state and dictates appropriate behavior.
f) Form 400a-b, Summons, which gives the Respondent formal notice that he or she must respond within certain times limits or a default will be entered against him or her, is required in all cases except when the Respondent agrees to accept the Petition without formal service of Process and signs the Acceptance of Service.
g) Form 500, Acceptance of Service, which eliminates the need for Form 400a-b, expedites the action toward resolution.
h) Form 800a-b, Application for Default, which is completed after the default periods have transpired (see below), is required to set a hearing date.
i) Form 1000, Notice of Right to Convert Health Insurance, which protects the Petitioner’s rights to convert health insurance after the divorce or separation is made final.
j) Form 1100, Notice of Obligations to Creditors, which is served on the Respondent in all cases, serves notice that creditors are not bound by the terms and conditions of debt assignment.

In all marriages, all of the forms listed above are used.

In marriages with children, Form 103, which deals with the custody arrangements, becomes page 4 in the Petition, and Form 203 becomes page 4 in the Decree.

A couple with minor children must also file the following additional forms:

a) Form 110a-b, Parents Worksheet for Child Support Amount, which shows the calculation of child support paid by the noncustodial parent.
b) Form 115a-c, Child Support Information Forms, which are used only in Maricopa County, provides necessary information relative to temporary child support.
c) Form 205a-d, Child Support Order (in counties other than Maricopa), which stipulates the amount of child support.
d) Form 206a-d, Child Support Order (In Maricopa county), which stipulates the amount of child support.

Depending upon the circumstances, the action may require these forms:

a) Form 225a-b, Joint Custody Parenting Plan, which is used when the parents agree to joint custody.
b) Form 550, Request to Restore Wife’s Former Name, which is used when the wife is the Respondent and requests it.
c) 575a-b, Motion and Order to Waive Respondent Compliance with Domestic Relations Children’s Issues Classes under A.R.S. § 25-352, which is used when the Respondent is exempt from mandatory attendance at children’s issues classes, for example, when he or she cannot be located.
d) Application to Waive or Defer Filing Fees, which can be used by the Petitioner who cannot afford the cost of the filing.

If the Respondent cannot or will not sign Form 500, Acceptance of Service, he or she must be served. One of four methods may be used to serve him or her with a Summons. The methods are as follows:

a) Service by a Deputy Sheriff or Private Process Server in Arizona, Form 450, Affidavit of Service.

b) Service by a Deputy Sheriff or Private Process Server outside of Arizona, Form 450 and Form 600, Declaration of Personal Service Out of State.

c) Service by Certified Mail, both inside and outside Arizona, Form 650, Declaration of Service by Mail.

d) Service by Publication in a local newspaper, Form 700a, Declaration of Service by Publication, and Form 700b, Declaration of Due Diligence.

Except in the case where the Respondent signs the Acceptance of Service, the Petitioner must give the Respondent copies of the following forms when serving him or her: a) the Petition; b) Preliminary Injunction; c) Parent’s Worksheet for Child Support Amount; d) Affidavit Regarding Minor Children; e) Summons; f) Parent Information; g) Child Support Information; h) Notice of Right to Convert Health Insurance; i) Notice of Obligations to Creditors.

Service by Certified Mail, both inside and outside Arizona, and Service by Publication in a local newspaper are sometimes required when the Respondent cannot or will not be located or will not cooperate. Service by Certified mail can be used to send divorce papers to the last known address, either inside or outside Arizona. Service by Publication requires that the Summons be published in a local newspaper for four consecutive weeks. When service is by publication, the court cannot order the Respondent to pay financial support to the Petitioner or children. Service by Publication also requires that the Petitioner make a diligent search (“good faith”) effort to locate the missing spouse before using it.

The Respondent has a lawful right to answer a Petition for divorce. Doing so means he or she is most likely going to contest the action. If he or she does not respond within a certain period, the Petitioner files for a default. In a family law action, the method of service determines the duration of the default period.

Here are the five default periods:

a) Service by Petitioner when the Respondent signs the Form 500, Acceptance of Service, 21 days after the signing of the Acceptance.

b) Service by Certified Mail, either inside or outside of Arizona, 31 days after the date of mailing and Return Receipt is signed by the Respondent, plus 5 days for mailing.

c) Service by a Deputy Sheriff or Private Process Server in Arizona, 21 days after the date of service on the Respondent.

d) Service by a Deputy Sheriff or Private Process Server outside of Arizona, 31 days after the date of service, plus 5 days for the mailing.

e) Service by Publication, 30 days from the first date of publication, plus 60 days that begins with the expiration of the 30 days.

At the end of these default periods, the Petitioner may file Form 800a-b, Application for Default. The default becomes effective 10 days after filing for an application. During this time, the Respondent may respond to the action and contest it. If he or she does not, the court may then enter the default and move on to the divorce hearing.

In Arizona, the 60-day waiting period begins with the completion of service on the Respondent. This means that the minimum time a divorce can be made final is 61 days after the Respondent either signed the Acceptance of Service, Form 500, or was served by any other method except Service by Publication, which requires a total of 90 days from the date of first publication.

Under certain conditions, the Petitioner may end the marriage via a Mail-In-Divorce. Otherwise he or she must attend a court hearing. The marriage may end with a Mail-in-Divorce when:

a) there are no minor children of the marriage;
b) neither party owns real property;
c) no spousal support is asked;
d) community debts do not exceed $10,000;
e) personal property does not exceed $15,000;
f) the Respondent is competent;
g) conciliation efforts have been met or do not apply.

In order to use the Mail-In route, the Petitioner must file a Motion For Default Judgment, an Affidavit in Support of said Motion, the Order granting the Motion and the Decree of Dissolution or Legal Separation. These forms may not be filed until the Application for Default has been filed.

Arizona Simplified Divorce Procedures

Acceptance and waiver of service is allowed. In addition, Arizona law expressly encourages separation agreements. Also, dissolution of marriage petitions may be heard before a court commissioner if an appearance and waiver is filed. [Arizona Revised Statutes Annotated; Title 25, Chapter 317, Arizona Rules of Civil Procedure; Rule 4(f), and Arizona Rules of the Supreme Court; Rule 91].

Arizona Property Division Factors

In Arizona, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Superior Court within the Decree of Dissolution of Marriage.

Arizona is considered a “Community Property” state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date. The community assets will be split equally by the Superior Court if the spouses are unable to reach an agreement.

The court shall divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. The property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state. This section does not prevent the court from considering all actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim, excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

The court may assign responsibility for certain community debts to one spouse or the other. Please be aware that a court order that does this is binding on the spouses only and does not necessarily relieve either of you from your responsibility for these community debts. These debts are matters of contract between both of you and your creditors (such as banks, credit unions, credit card issuers, finance companies, utility companies, medical providers and retailers).

Creditors are not parties of a divorce case, so they are not bound by court orders or any agreements you and your spouse reach in this case. On request, the court may impose a lien against the separate property of a spouse to secure payment of debts that the court orders that spouse to pay.

It is recommended that you contact your creditors to discuss your debts as well as the possible effects of your court case on your debts.

(Arizona Statutes – Title 25 – Chapters: 318)

Arizona Spousal Support/Maintenance/Alimony Factors

In Arizona the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Superior Court will order support from one spouse to the other on a case-by-case basis as follows:

The court will consider the following factors when making an appropriate maintenance award: 1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse’s reasonable needs. 2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient. 3. Contributed to the educational opportunities of the other spouse. 4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.

Without regard to marital misconduct, and after considering all relevant factors, including:

a) The standard of living established during the marriage; b) The length of the marriage; c) The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance; d) The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance; e) The comparative financial resources of the spouses, including their comparative earning abilities in the labor market; f) The contribution of the spouse seeking maintenance to the earning ability of the other spouse; g) The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse; h) The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children; i) The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently; j) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available; k) Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common; l) The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved; m) All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.

(Arizona Statutes – Title 25 – Chapters: 319, 322)

Arizona Child Custody Factors

In Arizona, the court shall consider all relevant factors when making a custody decision, including:

a) The wishes of the child’s parent or parents as to custody.
b) The wishes of the child as to the custodian.
c) The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest.
d) The child’s adjustment to home, school and community.
e) The mental and physical health of all individuals involved.
f) Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.
g) Whether one parent, both parents or neither parent has provided primary care of the child.
h) The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
i) Whether a parent has complied with chapter 3, article 5 of this title.
j) Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

(Arizona Statutes – Title 25 – Chapters: 401)

Arizona Child Support Factors

Either parent may be ordered to pay child support, without regard to marital misconduct, based on the following factors:

a) the financial resources of the child;
b) the standard of living of the child during the marriage;
c) the physical and emotional needs of the child;
d) the financial resources and obligations of both parents;
e) any destruction, concealment, fraudulent disposition, or excessive expenditure of jointly-held property;
f) the needs of the child; and
g) the duration of parenting time and any related expenses.

Awards of child support are to be paid through the court unless the spouses agree otherwise. In addition, there are specific Arizona Supreme Court guidelines for child support payments available from the Clerk of any Superior Court. The amount of support established by using the official guidelines will be the required amount of child support, unless the court finds such an amount would be inappropriate or unjust. Every child support order must assign 1 or both of the parents responsibility for providing medical insurance coverage for the child and for payment of any medical expenses not covered by insurance. Unless there is contrary evidence presented in court, the court will assume that the non-custodial parent is capable of full-time work at the Federal minimum wage (unless the parent is under 18 years of age and attending high-school).
[Arizona Revised Statutes Annotated; Title 25, Chapters 320, 322, and 500+].

Arizona Grandparent’s Rights

Grandparent Rights to Visitation: Either parents’ marriage dissolved for at least three months, parent of the child is deceased or missing for at least three months and parent reported missing, or child born out of wedlock. A.R.S. §25-337.01.

When Adoption Occurs: Visitation rights automatically terminate upon placement for adoption unless the adoption is by a stepparent.

Child Custody Statutes: Best interest of child considering:

a) parties’ wishes;
b) child’s wishes;
c) interaction and interrelationship between the child and each parent, siblings and other significant persons;
d) child’s adjustment to home, school and community;
e) mental and physical health of all persons involved; and
f) which parent is more likely to allow frequent and continuing contact with the other parent. A.R.S. §25-331 et seq.

Parents May Choose: Yes

Arizona Military Divorce Laws

An Arizona military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From Arizona Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Arizona court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for an Arizona court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

a) You or your spouse must reside in Arizona
b) You or your spouse must be stationed in Arizona

Grounds for Arizona Military Divorce

The grounds for a military divorce in Arizona are the same as a civilian divorce.

Dividing the Property

Along with the normal Arizona property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In Arizona, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Arizona child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

Arizona Child Support Guidelines

The Arizona child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Arizona child support order.

Arizona Child Support Guidelines

> Income Share Model *: YES
> Percent of Income Model *: NO
> Worksheets Available: YES
> Extraordinary Medical Expenses Add on: YES
> Childcare Add on: YES
> Secondary Education Support: NO
> UIFSA: YES

* The Income Shares Model: Arizona child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the Arizona child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.

For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.

As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.

For example: It is not common for a custodial parent to be paying support to a non-custodial parent.

Arizona Child Support Definitions

The Arizona Child Support Guidelines follow the Income Shares Model. The model was developed by the Child Support Guidelines Project of the National Center for State Courts. The total child support amount approximates the amount that would have been spent on the child(ren) if the parents and child(ren) were living together. Each parent contributes his/her proportionate share of the total child support amount.

Information regarding development of the guidelines, including economic data and assumptions upon which the Schedule of Basic Child Support Obligations is based, is contained in the June 29, 1995, report of Policy Studies, Inc., titled Economic Basis for Updated Child Support Schedule – State of Arizona.

Determination of the Gross Income of the Parents

NOTE: Terms such as “Gross Income” and “Adjusted Gross Income” as used in these guidelines do not have the same meaning as when they are used for tax purposes.

a) Gross income includes income from any source, and may include, but is not limited to, income from salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits (subject to Section 24), worker’s compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, prizes, and spousal maintenance. Cash value shall be assigned to in-kind or other non-cash benefits. Seasonal or fluctuating income shall be annualized. Income from any source which is not continuing or recurring in nature need not necessarily be deemed gross income for child support purposes. It is generally not expected that a parent will earn income greater than what would be earned from full-time employment.

b) Gross income does not include sums received as child support or benefits received from means-tested public assistance programs including, but not limited to, aid to families with dependent children, supplemental security income, food stamps and general assistance.

c) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, gross income means gross receipts minus ordinary and necessary expenses required to produce income. Ordinary and necessary expenses do not include amounts determined by the court to be inappropriate for determining gross income for purposes of child support.

d) Expense reimbursements or benefits received by a parent in the course of employment or self-employment or operation of a business shall be counted as income if they are significant and reduce personal living expenses.

e) If a parent is unemployed or working below full earning capacity, the court may consider the reasons. If earnings are reduced as a matter of choice and not for reasonable cause, the court may attribute income to a parent up to his or her earning capacity. In accordance with Arizona Revised Statutes Section 25-320, income of at least minimum wage shall be attributed to a parent ordered to pay child support. If income is attributed to the parent receiving child support, appropriate child care expenses may also be attributed.

f) Only income of persons having a legal duty of support shall be treated as income under the guidelines. For example, income of a parent’s new spouse is not treated as income of that parent.

g) The court shall not take into account the impact of the disposition of marital property except as provided in Arizona Revised Statutes Section 25-320.A.6. (“…excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.”) or to the extent that such property generates income to a parent.

h) The Schedule of Basic Child Support Obligations is based on net income and converted to gross income for ease of application. The impact of income taxes has been considered in the Schedule.

Adjustments to Gross Income

a) The amount of court-ordered spousal maintenance actually paid and the amount of court- ordered child support of other children actually paid by the noncustodial parent or contributed by the custodial parent shall be deducted from the gross income of the paying or contributing parent. “Other children” means natural or adopted children who are not the subject of this particular child support determination.

b) Support of natural or adopted children not covered by a court order may be considered as an adjustment factor. Any adjustment will be made to gross income and the amount of any adjustment will be determined by a simplified application of the guidelines to determine the basic amount of support that would be ordered for the other children in question.

Determining the Adjusted Gross Income of the Parents

Adjusted Gross Income is gross income minus the adjustments provided in Section 5 of these guidelines. The Adjusted Gross Income for each parent shall be established. These amounts shall be added together. The sum is the Combined Adjusted Gross Income.

Determining the Basic Child Support Obligation

Locate the income closest to the parents’ Combined Adjusted Income figure on the Schedule of Basic Child Support Obligations and select the column for the number of children involved. This number is the Basic Child Support Obligation.

Determining the Total Child Support Obligation

To determine the Total Child Support Obligation, the court:

a) Shall add to the Basic Child Support Obligation the cost of the children’s medical insurance coverage. In determining the amount to be added, only the amount of the insurance cost attributable to the children subject of the support order shall be included. If coverage is applicable to other persons, the total cost shall be prorated by the number of persons covered.

If an adjustment is made for the cost of the children’s medical insurance coverage and that cost is paid by the parent ordered to pay child support, the amount of the adjustment added under this Section shall be subtracted from that parent’s proportionate share of the Total Child Support Obligation, as determined under Section 9, to arrive at the child support order.

An order for child support shall assign responsibility for providing medical insurance for the children who are the subject of the child support order. If medical insurance of comparable benefits and cost is available to both parents, the court should assign the responsibility to the parent having primary physical custody. The court shall also specify the percentage that each parent shall pay for any medical costs of the children which are not covered by insurance.

Both parents should use their best efforts to obtain services that are covered by the insurance. A parent who is entitled to receive reimbursement from the other parent for medical costs not covered by insurance shall, upon request of the other parent, provide receipts or other evidence of payments actually made.

b) May add to the Basic Child Support Obligation amounts for any of the following:

Child Care Costs:

Child care expenses that would be appropriate to the parents’ financial abilities and to the lifestyle of the child(ren) if the parents and child(ren) were living together.

A parent paying for child care may be eligible for a credit from federal tax liability for dependent children. Before adding child care costs to the Basic Child Support Obligation, the court may adjust this cost in order to apportion the benefit that the dependent tax credit will have to the parent incurring the child care costs. An adjustment of twenty-five percent may be deducted from total annual child care costs, up to maximum annual costs of $2,400 for one child or $4,800 for two or more children. If the annual costs for child care exceed the maximum limits, $50 or $100 per month, respectively, may be subtracted from the annualized monthly child care cost. Otherwise,
annual costs are multiplied by .0625 to arrive at the adjusted monthly child care costs.

Any adjustment for the payment of child care costs with pre-tax dollars shall be calculated in a similar manner. A percentage adjustment other than twenty-five percent may be utilized if proven by the parent paying the child care costs.

At lower income levels the head of household does not incur sufficient tax liability to benefit from the federal tax credit. No adjustment should be made where the income of the custodial parent is less than indicated on the following chart:

MONTHLY GROSS INCOME OF THE CUSTODIAL PARENT

ONE CHILD–TWO–THREE–FOUR–FIVE–SIX

$1,100–$1,500–$1,700–$1,900–$2,100–$2,300

Education Expenses:

Any reasonable and necessary expenses for attending private or special schools or necessary expenses to meet particular educational needs of a child, when such expenses are incurred by agreement of both parents or ordered by the court.

Older Child Adjustment:

The average expenditures for children age twelve or older exceed the average expenditures for all children by approximately ten percent. Therefore, the court may increase child support for a child who has reached the age of twelve years by an amount up to ten percent of the support shown on the Schedule. If the court chooses to make an adjustment, the following method of calculation shall be used.

Extraordinary Child Adjustment:

These guidelines are designed to fit the needs of most children. The court may increase the Basic Child Support Obligation to provide for the special needs of gifted or handicapped children.

Determining Each Parent’s Proportionate Share of the Total Child Support Obligation

The Total Child Support Obligation shall be divided between the parents in proportion to their Adjusted Gross Incomes. The obligation of each parent is computed by multiplying each parent’s share of the Combined Adjusted Gross Income by the Total Child Support Obligation.

Adjustment for Costs Associated with Visitation

Because the Schedule of Basic Child Support Obligations is based on expenditures for children in intact households, there is no consideration for costs associated with visitation. Accordingly, when proof establishes that visitation is or is expected to be exercised by the parent paying child support, an adjustment shall be made to that parent’s proportionate share of the Total Child Support Obligation.

To adjust for the costs of visitation, first determine the total amount of visitation indicated in a court order or parenting plan or by the expectation or historical practice of the parents. Using the following definitions, add together each period of visitation within twenty-four hours to arrive at the total number of visitation days per year.

a) “One day” means more than 12 continuous and consecutive hours or an overnight.

b) “One-half day” means greater than 4 and up to and including 12 continuous and consecutive hours.

c) “One-quarter day” means up to and including 4 continuous and consecutive hours.

For purposes of calculating visitation days, only the time spent by a child with the noncustodial parent is considered. Time that the child is in school or child care is not considered.

After determining the total number of visitation days, refer to the following Visitation Table. The left two columns of the Visitation Table set forth numbers of visitation days in increasingly higher ranges. “Reasonable” visitation or visitation consistent with available county visitation/access guidelines will likely fall within the range of days between 72 and 129. Adjacent to each range is an adjustment percentage. The visitation adjustment is calculated as follows: Locate the total number of visitation days per year in the left columns of the Visitation Table and select the adjustment percentage from the adjacent column.

Multiply the Basic Child Support Obligation determined under Section 7 by the appropriate adjustment percentage. The number resulting from this multiplication then is subtracted from the proportionate share of the Total Child Support Obligation of the parent who exercises visitation.

VISITATION TABLE

Number of Visitation Days — Adjustment — Percentage
0 to 3—0.000
4 to 20—0.012
21to 38—0.031
39 to 57—0.050
58 to 72—0.068
73 to 129—0.187
130 to 148—0.255
149 to 166—0.289
167 to 180—0.323

Upon proof that in the best interests of the child such costs are in fact duplicated or equally shared by the parents or incurred primarily by the noncustodial parent, the court may make a further adjustment if visitation exceeds 129 days per year. The amount of this adjustment is limited to 16 percent of the Basic Child Support Obligation.

If the time spent with each parent is essentially equal, the expenses for the children are equally shared and gross adjusted incomes of the parents also are essentially equal, no support shall be paid. If the parents’ incomes are not equal, the total child support amount shall be divided equally between the two households and the parent owing the greater amount shall be ordered to pay what is necessary to achieve that equal share in the other parent’s household.

Determining the Child Support Order

The court shall order the noncustodial parent to pay child support in an amount equal to his or her proportionate share of the Total Child Support Obligation. The custodial parent shall be presumed to spend his or her share on the children.

Self Support Reserve Test

In each case, after determining the child support order, the court shall perform a self support reserve test to verify that the obligor is financially able both to pay the child support order and to maintain at least a minimum standard of living, as follows:

Deduct $645 (the self support reserve) from the obligors’ Adjusted Gross Income. If the resulting amount is less than the child support order, the court shall reduce the child support order to the resulting amount.

EXAMPLE: The Adjusted Gross Income of the parent paying support is $800. In determining the child support order, that parent’s proportionate share was calculated to be $175. Subtracting $645 (the self support reserve) from the $800 gross income leaves a remainder of $155. Because this difference is less than $175, the child support order must be reduced to $155.

Multiple Children, Divided Custody

When each parent is granted physical custody of at least one of the parties’ children, each parent is obligated to contribute to the support of all the children. However, the amount of current support to be paid by the parent having the greater support obligation shall be reduced by the amount of support owed to that parent by the other parent.

Support Assigned to the State

If support has been assigned to the state under Arizona Revised Statutes Section 46-407, the obligation of a parent to pay support shall not be offset by child support arrearages that may be owed to that parent.

Travel Expenses Associated with Visitation

The court may allocate travel expenses of the child associated with visitation. In doing so, the court shall consider the means of the parents and may consider how their conduct (such as a change of residence) has affected the costs of visitation. To the extent possible, any allocation shall ensure that the child has continued contact with each parent. A parent who is entitled to receive reimbursement from the other parent for allocated visitation expenses shall, upon request of the other parent, provide receipts or other evidence of payments actually made. The allocation of expenses does not change the amount of the support ordered.

Gifts in Lieu of Money

Once child support has been ordered by the court, the child support is to be paid in money. Gifts of clothing, etc. in lieu of money are not to be offset against the support order except by court order.

Deviations

A) The court shall deviate from the guidelines, i.e., order support in an amount different from that which is provided pursuant to these guidelines, after considering all relevant factors, including those set forth in Arizona Revised Statutes Section 25-320, and applicable case law, only if all of the following criteria are met:

1) Application of the guidelines is inappropriate or unjust in the particular case,

2) The court has considered the best interests of the child in determining the amount of a deviation. A deviation that reduces the amount of support paid is not, by itself, contrary to the best interests of the child,

3) The court makes written findings regarding 1 and 2 above,

4) The court shows what the order would have been without the deviation, and

5) The court shows what the order is after deviating.

B) The court may deviate from the guidelines based upon an agreement of the parties only if all of the following criteria are met:

1) The agreement is in writing,

2) All parties have signed the agreement with knowledge of the amount of support that would have been ordered by the guidelines but for the agreement,

3) All parties have signed the agreement free of duress and coercion, and

4) The court complies with the requirements of Section 17.a.

Third-Party Care Givers

When a child lives with a third-party care giver by virtue of a court order, administrative placement by a state agency or under color of authority, the third-party care giver is entitled to receive support payments from each parent on behalf of the child.

Court’s Findings

The court shall make findings in the record as to: gross income, Adjusted Gross Income, Basic Child Support Obligation, Total Child Support Obligation, each parent’s proportionate share of the child support obligation, and the child support order.

The findings may be made by incorporating a worksheet containing this information into the file.

The child support order shall be set forth in a sum certain and start on a date certain. A new child support order shall be filed upon any change in the amount or due date of the child support obligation.

Exchange of Information

The court shall order that every twenty-four months financial information such as tax returns, financial affidavits, and earning statements be exchanged between the parties.

Unless the court has ordered otherwise, at the time the parties exchange financial information, they shall also exchange residential addresses and the names and addresses of their employers.

Modification

a) Standard Procedure

Pursuant to Arizona Revised Statutes Sections 25-503 and 25-327, either parent or the state title IV-D agency may ask the court to modify a child support order upon a showing of a substantial and continuing change of circumstances.

b) Simplified Procedure

Either parent or the state title IV-D agency may request the court to modify a child support order if application of the guidelines results in an order that varies fifteen percent or more from the existing amount. A fifteen percent variation in the amount of the order will be considered prima facie evidence of substantial and continuing change of circumstances. A request for modification of the child support amount must be accompanied by a completed and sworn “Parent’s Worksheet for Child Support Amount,” and documentation supporting the incomes if different from the court’s most recent findings regarding income of the parents. If the party requesting the modification is unable to provide documentation supporting the other party’s income, the requesting party shall indicate that the income amount is attributed/estimated and state the basis for the amount listed. The state title IV-D agency may submit a parent’s worksheet.

The simplified procedure also may be used by either parent or the state title IV-D agency to modify a child support order to assign or alter the responsibility to provide medical insurance for a child who is subject of a support order.

A copy of the request for modification of child support and the “Parent’s Worksheet for Child Support Amount,” including supporting documentation, showing that the proposed child support amount would vary fifteen percent or more from the existing child support order shall be served on the other parent, or on both parents if filed by the state title IV-D agency, pursuant to Rules 4.1 and 4.2, Rules of Civil Procedure.

If the requested modification is disputed, the parent receiving service must request a hearing within 20 days of service. If service is made outside the state, as provided in Rule 4.2, Rules of Civil Procedure, the parent receiving service must request a hearing within 30 days of service.

A party requesting a hearing shall file a written request for hearing accompanied by a completed and sworn “Parent’s Worksheet for Child Support Amount.” Copies of the documents filed, together with the notice of hearing, shall be served on the other party and, if appropriate, the state title IV-D agency by first class mail not less than ten judicial days prior to the hearing.

Upon proof of service and if no hearing is requested within the time allowed, the court will review the request and enter an appropriate order or set the matter for hearing.

If any party requests a hearing within the time allowed, the court shall conduct such hearing. No order shall be modified without a hearing if one is requested.

The notice provision of Rule 55, Rules of Civil Procedure, does not apply to this simplified modification procedure.

A request to modify child support, request for a hearing and notice of hearing, “Parent’s Worksheet for Child Support Amount” and child support order filed or served pursuant to this subsection must be made using forms approved by the Arizona Supreme Court or substantially similar forms.
Approved forms are available from the Clerk of the Superior Court.

Effect of Cessation of Support for One Child

If support for more than one child was ordered under these guidelines and thereafter the duty to support one of the children stops, the order is not automatically reduced by that child’s share. To obtain a modification to the support order, a request must be made in writing to the court to recalculate the support obligation pursuant to these guidelines. The procedure specified in Section 21 may be used for this purpose.

Income of a Child

Income earned or money received by a child from sources other than child support shall not relieve a parent of the support obligation established by these guidelines.

Credit for Benefits

Benefits, such as social security disability or insurance, received by a child as a result of contributions made by the parent paying support shall be credited as follows:

a) Only the benefits received by the parent are included as part of that parent’s gross income.
b) If the amount of the child’s benefit for a given month is equal to or greater than the parent’s child support obligation, then the parent’s obligation is satisfied. Any benefit received by the child for a given month in excess of the child support obligation is not treated as an arrearage payment nor as a future payment.
c) If the amount of the child’s benefit for a given month is less than the parent’s child support obligation, the parent must pay the difference.

Federal Tax Exemption for Dependent Children

In any case in which the current child support obligation is at least $1,200 per year, there should be an allocation of the federal tax exemptions applicable to the minor children which as closely as possible approximates the percentages of support being provided by each of the parents. The allocation of the exemptions shall be conditioned upon payment by December 31 of the total court- ordered child support obligation for the current calendar year and any court-ordered arrearage payments due during that calendar year for which the exemption is to be claimed. If these conditions have been met, the obligee shall execute the necessary Internal Revenue Service forms to transfer the exemptions. If the obligor has paid the current support, but has not paid the court- ordered arrearage payments, the obligor shall not be entitled to claim the exemption.

If there are three children, the noncustodial parent would be entitled to claim two and the custodial parent would claim one.

If there is only one child, the noncustodial parent would be entitled to claim the child two out of every three years, and the custodial parent would claim the child one out of every three years.

For purposes of this section only, an obligor shall be credited as having paid child support that has been deducted on or before December 31pursuant to an order of assignment if the amount has been received by the court or clearinghouse by January 15 of the following year.

Effective Date

All child support orders in actions filed after October 31, 1996, shall be made pursuant to these guidelines, whether they be original orders or modifications of pre-existing orders.

Arizona Dissolution of Marriage Definitions

This collection of definitions will help clarify some unique characteristics to the Arizona Dissolution of Marriage laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner

The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.

Non-Filing Party Title:
Respondent

The spouse who does not initiate the Dissolution of Marriage with the court.

Court Name:
In the Superior Court in and for the County of __________ , Arizona

The proper name of the court in which a Dissolution of Marriage is filed in the state of Arizona. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage

The title and name of the legal document that will initiate the Arizona Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Dissolution of Marriage Document:
Decree of Dissolution of Marriage

The title and name of the legal document that will finalize the Arizona Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
County Clerk’s Office of the Superior Court

The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

Irretrievable breakdown of the marriage or that 1 spouse desires to live separate and apart are the grounds for legal separation in Arizona. However, if the marriage is a “covenant marriage,” the grounds for legal separation are the same as the grounds for a general dissolution of a “covenant marriage” listed above, under Legal Grounds for Dissolution of Marriage. One of the spouses must live in the state of Arizona when the action for legal separation is filed. No residency time limit is specified. If 1 spouse objects to a legal separation, the case will be amended to be an action for dissolution of the marriage.

[Arizona Revised Statutes Annotated; Title 25, Chapters 313, 901, and 903]. SIMPLIFIED OR SPECIAL DISSOLUTION OF MARRIAGE

Property Distribution:
Community Property

The applicable Arizona law that will dictate how property and debt is to be divided upon Dissolution of Marriage.

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