While Arizona uses standardized guidelines to calculate child support, not every child support perfectly follows the guidelines.
In many cases—particularly those involving higher incomes, special expenses for the child(ren), or other unique circumstances—judges may deviate from the standard calculation if they believe a different amount is more appropriate under the particular circumstances of the case.
Understanding when and how deviations occur is important for ensuring that child support accurately reflects both the child’s needs and the parents’ financial circumstances.
What is a child support deviation?
The term deviation is what Arizona law uses to describe a situation where a family court judge decides not to strictly follow the child support guidelines.
This can mean:
- More child support than the guidelines recommend (called an upward deviation)
- Less child support than the guidelines recommend (called a downward deviation)
It is not considered to be a deviation when family courts round (up or down) the monthly child support amount, compromise on any of the child support calculator's inputs, reduce the child support amount based on the Self-Support Reserve Test, or order zero child support if the the amount would be less than the Clearinghouse's processing fee (currently $8.00).
Situations where deviation might be appropriate
Perhaps oddly enough, the Arizona Child Support Guidelines state that family courts must order a deviation when "[a]pplying the guidelines is inappropriate or unjust in the particular case." There are no categorical rules to define this scenario, it is a subjective question that your judge must decide. But the guidelines do offer some circumstances that may warrant deviation, including cases where:
- One parent makes significantly more than the other parent and both parents exercise significant parenting time
- One parent pays a "disproportionate share" of the child's expenses
- The payment of child support would affect a parent's ability to afford necessary medical expenses
- The parenting plan requires one parent to incur significant travel expenses related to their parenting time (usually long-distance parenting time) and the cost of the travel combined with the child support obligation would affect the parent's ability to exercise that parenting time
This list is not meant to be comprehensive, there are many other scenarios where the family court might deviate from the child support guidelines. In high net worth cases, for example, deviation may be appropriate to sustain a child's customary standard of living. Situations where there are significant extracurricular, educational, or other types of expenses for a child might justify deviation.
It really is a case by case analysis. That is why it is so important to consult with an experienced child support lawyer if your case involves a contested claim to deviate from the child support guidelines.
No matter which side of the deviation you are on, these cases are far more complex than ordinary child support cases and the outcome can have lasting consequences.
Sometimes deviations increase child support by hundreds or thousands of dollars every month. If you are the parent who has to pay support, the child support order will be enforceable, even if you believe it is erroneous. Penalties for non-payment of child support can include fines and even incarceration.
If you are the parent seeking deviation, having a good lawyer is equally, if not more important. It is usually your burden to prove that deviation is appropriate. This makes it really important how you present your case, including:
- Establishing your children's needs
- Explaining why the guidelines are inappropriate
- Proving the other parent's ability to pay the deviated amount
- Anticipating and refuting any counterargument from the other parent
You want to be sure your lawyer has experience with deviations before you choose who to hire.
Can parents agree to a different amount of child support?
Generally, yes—parents are free to agree to a child support amount differing from the guidelines, including no child support. However, judges are not strictly required to accept agreements between the parents. If your judge believes that agreement is contrary to the child's best interest, they can reject the agreement and calculate what they believe child support should be.
This can be another opportunity for an experienced family lawyer to help you. We can help you present your agreement in a way more likely to be accepted by the court.
Significance of deviations in complex cases
For many families, perhaps most even, the guidelines provide a reasonable baseline for child support. The calculator certainly is not perfect and parents are often surprised by how little child support they would receive if it is strictly applied.
However, in complex cases the guidelines may not:
- Truly reflect the child's lifestyle
- Account for nuanced financial circumstances
- Address meaningful imbalance between households
In these cases, it is important to approach the child support guidelines as a starting point, or a suggestion, rather than an outcome-determinative formula. Adopting this approach early can be the difference in the ultimate outcome.
Modifying a deviated child support order
We regularly see inexperienced family lawyers argue that a deviated child support order creates the new baseline from which future modifications must be measured. This actually is untrue. Case law makes clear that there is no presumption that a deviation is in the child's best interests even when the court previously deviated.
This can be really strategically important when you are considering modification to an order where deviation was previously ordered. We have seen situations where other lawyers inadvertently reduced the child support their client received by attempting to modify a deviated child support order and failing to prove again that deviation was in the child's best interest.
Conclusion
For simple child support establishments or modifications, you really may not need a lawyer—especially if you and the other parent agree. But, likeanything else, as the complexity of your child support case increases, so does the value of hiring an experienced family lawyer. If your case is contested, it is always a good idea to take advantage of a free consultation with a family lawyer.
Our initial consultation process is designed to help you understand the likely and potential outcomes and to answer all of the questions you need to (1) fully understand the amount of money at stake in your case; (2) help you decide if you need to hire a lawyer; and, if you do need a lawyer, help you define the most cost effective scope.
