<![CDATA[In Arizona the Child Support Guidelines reflect the presumptive amount of child support that should be ordered. The amount resulting from the application of the Arizona Child Support Guidelines is the amount of child support ordered unless a written finding is made, based on criteria proved by the Arizona Supreme Court, that application of the Guidelines would be inappropriate or unjust in a particular case. Arizona utilizes the Income Shares Model which is based upon two principals:
The total child support amount approximates the amount that would have been spent on the children if the parents and children were living together.
Each parent contributes his/her proportionate share of the total child support amount.
The Child Support Guideline schedule has a cap of $20,000.00 per month. If the parents’ combined gross income exceeds $20,000.00 per month the presumptive basic child support obligation is then identified from combined income of $20,000.00 per month.
In the recent case of Nash v. Nash, the trial court rejected an upward deviation in child support because it concluded that the presumptive amount satisfied the children’s basic needs. The matter was appealed. The Court of Appeals ruled that in determining child support the Superior Court must consider the reasonable needs of the children in light of the parents’ resources. In this particular case, the Father’s income (professional basketball player) greatly exceeded the $20,000.00 ceiling. The Court of Appeals furthered ruled in determining whether an upward deviation in child support is appropriate, the Court must give considerable regard to the reasonable benefits, beyond “basic needs” afforded to the children during marriage. The burden of proof is on the parent seeking deviation to show why the deviation is in the children’s best interest.
At Simon Law Group, we have the education, experience, and training to deal with sensitive issues such as child support. You deserve the opportunity to consult Phoenix divorce attorneys who will help guide you through a sometimes difficult and confusing process.