The Question:
My child will turn 18 in a few months. Our Arizona child support order has a later termination date because it assumed the child would still be attending high school. However, the child is no longer enrolled in or attending high school and is working instead.
Do I have to keep paying child support until the termination date listed in the order? Can I ask the Court to terminate support when the child turns 18? And do I need to subpoena school records before I file anything?
RJ Says:
Possibly, and this is a good example of why the termination date appearing in an Arizona child support order does not necessarily answer every question about when the obligation actually ends.
Under Arizona law, child support ordinarily continues until a child reaches age 18. There is an important exception when a child turns 18 while actually attending high school or a certified high-school-equivalency program. In that situation, support can continue while the child is actually attending, but generally not beyond age 19.
Therefore, if a child is approaching 18 but is no longer actually attending high school or an appropriate high-school-equivalency program, there may be a basis to have child support terminate at age 18 rather than continuing until the later termination date stated in the existing order.
What About the Income Withholding Order?
There is also a separate issue involving the Income Withholding Order, which causes child support to be withheld directly from a parent’s paycheck.
Arizona law permits a request to terminate an Income Withholding Order when the support obligation has ended or will end within 90 days after the request is filed, subject to the statutory requirements concerning any remaining arrearages.
Depending upon the circumstances, it may make sense to address the issue with the Court even before the child’s 18th birthday rather than waiting until after support arguably should have ended.
What If the Other Parent Agrees?
That can make things considerably easier.
If both parents agree that the child is no longer attending school and that the support obligation should terminate upon the child’s 18th birthday, there may be no reason to turn the matter into a contested evidentiary dispute.
The appropriate paperwork can potentially be submitted to the Court reflecting the parties’ agreement.
What If the Other Parent Does Not Agree?
I would not necessarily recommend immediately spending time and money subpoenaing schools and gathering extensive educational records before knowing whether there is actually going to be a dispute.
The parent seeking termination can pursue the appropriate relief with the Court and provide the other parent with the required notice. If the other parent then claims that the child remains enrolled and is actually attending high school or a qualifying program, the educational status becomes a disputed factual issue.
At that point, obtaining attendance records, enrollment information, or other evidence may become important. Arizona law also specifically addresses access to attendance records when support is continuing beyond age 18 based upon the child’s school attendance.
The important point is this: turning 18, graduating from high school, and the termination date appearing in a child support order are related concepts, but they are not necessarily the same thing.
If your child is approaching 18 and the educational circumstances have changed significantly from what was anticipated when the support order was entered, it is worth reviewing the existing order before the expected termination date to determine whether action should be taken.
Every case is different. The existing orders, the child’s age and actual educational status, any support arrearages, and whether the other parent agrees can all affect the proper procedure.
RJ’s Takeaway
A later termination date in an Arizona child support order does not necessarily mean support must continue to that date if the child is no longer actually attending high school or a qualifying high-school-equivalency program.
If your child is approaching age 18 and is no longer attending school, review the existing child support order before assuming when your obligation will end. Depending on the circumstances, it may be appropriate to ask the Court to address both the child support obligation and the Income Withholding Order.
An experienced family law attorney can review your existing orders, your child’s educational status, any arrearages, and the applicable procedure before you take action.
Call (602) 256-7575 to schedule a free consultation with an experienced Phoenix family law attorney.
This information is provided for general educational purposes and is not intended as legal advice for any particular person or case.