There are complex legal issues that both parties may need to navigate when there is both spousal and child support in a family law case. The Tempe family attorneys at Blake & Pulsifer, PLC can help you navigate them.
It is entirely common for one to have both spousal and child support obligations for a considerable amount of time. These types of support involve different types of obligations; a parent must provide support for their child, while a disparity in incomes and earnings potential may mean that one ex-spouse must pay maintenance to the other. Arizona law tries to maintain a balancing act, keeping both of these obligations intact, while giving some leeway to the paying party when there are payments to both an ex-spouse and for child support.
Whether you anticipate paying or receiving spousal and/or child support, you can benefit from the counsel that a Tempe family law attorney can provide. Schedule an appointment with family lawyers at Blake & Pulsifer, PLC by calling us today at (480) 838-3000.
How Spousal and Child Support Are Calculated
Child and spousal support are calculated in different ways:
- Arizona law prescribes spousal support guidelines that involve the use of a formula. The application of this formula results in a range of potential support. A judge may then determine a number from within this range and set a duration of the support. These determinations are made based on each party’s financial circumstances.
- Child support is also calculated using statutory guidelines. However, the application of these guidelines is often more mechanical than spousal support guidelines. The court calculates the total support obligations and assigns a portion to each parent based on their respective income shares. Typically, the court must follow the guidelines, and a judge can only deviate when applying the guideline amount would be inappropriate or unjust and the deviation is in the child’s best interests.
Avoiding Double Counting Alleviates the Burden on the Paying Party
“Double counting” would create a situation that would be unfair to the paying party and would make it far more difficult for them to meet their obligations. Given the consequences for failing to pay child and spousal support, the law aims to be fair to the paying parent. In this context, double counting would refer to counting the same obligation twice when calculating each support amount. A parent who must make a spousal support payment would not have that same full amount of income available to also make a child support payment. However, a court does not force a spouse who receives child support to use that amount on their own living expenses, since the right belongs to the child.
What Calculations Does the Court Make When Both Are Present?
In situations when there is both spousal and child support, the court will begin by calculating the amount of spousal support. This amount will reflect the principles that are set forth in Arizona law and may involve some judicial discretion when determining the number from the range.
Once spousal support is calculated, the end result will be reflected in the numbers that are input into the child support guidelines. When it comes to calculating the incomes that are plugged into the child support guidelines, the amount of spousal support will be deducted from the paying parent’s income and added to that of the receiving spouse.
Since spousal support may have a set duration (indefinite-term spousal maintenance is disfavored under Arizona law), child support may be recalculated at some point in the future, when spousal support is set to end. However, this does not occur automatically. One parent (typically the one who was receiving spousal support) must file a petition with the court to modify child support. There must be a change in circumstances for a court to grant a petition to modify.
Contact a Tempe Family Law Firm
Whether you are calculating or negotiating initial payments or working to modify an existing order, you need legal counsel to protect your rights under the law. Contact the Tempe family law attorneys at Blake & Pulsifer, PLC by visiting our website or by calling us at (480) 838-3000 to speak with an attorney about your case.
