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Can child support continue for an autistic child after turning 18 in Arizona?

Can child support continue for an autistic child after turning 18 in Arizona?

Full question:

I divorced my husband two years back and have been receiving weekly child support of $250 for both our kids who are in my custody. We are residents of Arizona. My eldest child is turning 18 and per the law in Arizona, I am aware that child support seizes once the child turns 18 years old. My child has autism and cannot support himself. Is there a legal provision that provides for such instances in Arizona?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Arizona

Answer:

In Arizona, child support typically ends when a child turns 18. However, there are exceptions. According to A.R.S. § 25-320, the court may continue child support beyond age 18 if certain conditions are met:

The court has considered the factors in subsection D, which include the child's financial needs and the custodial parent's resources.
The child has severe mental or physical disabilities that prevent them from living independently and being self-supporting.
The child's disability began before they turned 18.

Since your eldest child has autism and is unable to support themselves, you can petition the court to extend child support past their 18th birthday based on these criteria.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Why is child support unfair to fathers?

Some fathers feel child support is unfair due to perceived biases in the family court system. They may believe that courts favor mothers in custody decisions, leading to higher support obligations. Additionally, some fathers argue that they might not receive adequate consideration for their financial contributions or parenting roles. However, child support is intended to ensure the child's needs are met, regardless of the parent's gender. Each case is unique and should be evaluated based on its specific circumstances.

Why is child support unconstitutional?

Some argue that child support laws can be unconstitutional if they infringe on a parent's rights or fail to consider individual circumstances. Critics may claim that the system disproportionately impacts non-custodial parents, often fathers, by enforcing strict payment obligations without sufficient regard for their financial situations. However, courts generally uphold child support laws as necessary for the welfare of children. Legal challenges to these laws must demonstrate specific constitutional violations.

How does back child support work in Arizona?

In Arizona, back child support refers to unpaid child support obligations that accumulate over time. If a parent fails to make payments, the custodial parent can file for enforcement. The court may order the non-paying parent to pay the owed amount, and they may face penalties, including wage garnishment or tax refund interception. It’s important to keep accurate records of payments and any missed obligations to support your case.

How to survive child support payments?

Managing child support payments can be challenging. To cope, consider creating a budget that prioritizes essential expenses and identifies areas to cut costs. Communicate openly with your employer about your financial situation, which may lead to flexible work arrangements. Additionally, seeking legal advice can help you understand your rights and options, including potential modifications to your support obligations if your financial circumstances change.

What are the negatives of child support?

Critics of child support often point to several negatives, including financial strain on the paying parent, especially if their income decreases. There can also be feelings of resentment or perceived unfairness, particularly if the paying parent feels they have limited access to their children. Additionally, the system may not always reflect the true needs of the child or the financial capabilities of the parents, leading to disputes and stress.

Why is the child support system unfair?

Many believe the child support system can be unfair due to biases in how support amounts are calculated and enforced. Some argue that it disproportionately affects non-custodial parents, often fathers, by imposing strict payment obligations without considering their financial realities. Additionally, disputes can arise over the allocation of funds and the custodial parent's use of support payments, leading to perceptions of inequity in the system.