Child Support--Its all about the math.

Any calculation of child support starts with the  Arizona Child Support Guidelines. Developed by the Arizona Supreme Court, the Guidelines determine how much a parent will pay based on the combined income of the parents and each parent's proportionate share of that amount.  In addition, the Guidelines take into account the number of children, the amount of visitation on parent has, insurance, age and any special needs.

Living expenses of the parent paying support are supposedly taken into account in the Guidelines. However the one size fits all approach will often leave the paying parent having to cut back and reduce his or her lifestyle in order to meet the payment obligation. Gross income is the basis for all calculations so support is determined before taxes or other deductions are factored in.

Because the formula is set by law, there are rarely any significant disputes about support. Several exceptions can lead to the court possibly determining the amount.  These include:

• Self- employment by one parent or both.  Determination of actual gross income in these cases is often an exercise in forensic accounting.

• One parent is claiming he or she  can't work due to disability (not determined by a governmental agency)or work is not available. Courts will often then determine that minimum wage, is a starting place for the mathematical calculations.

• One parent quits a job.  Courts take a dim view of a parent leaving employment to avoid paying support.

• Parenting time becomes an dodge for paying support. A court will step in when  one parent is demanding parenting time he will not exercise for the sake of lowering monthly support.

Courts will allow parents to deviate from the Guideline support but only if its supported by facts and is in the best interests of children.  Those determinations are made on a case by case basis and must be supported in the factual record by some reason.  Courts are on the lookout for gross deviations that may be the result of coercion or duress by one parent against the other.

The Guidelines offer a quick and easy method of determining support. The Guideline web site does all the math for you and allows you determine the appropriate amount of support on your computer.  Though some may not agree that the calculation is always fair, it does take a tremendous amount of discretion away from the parties and the courts.  The end result is that this issue, among all the others in family law, often is the first to be settled or better, it never becomes an issue of contention.