Both parents must be aware of exactly when and how child support ends in Arizona. The experienced Tempe family lawyers at Blake & Pulsifer, PLC can explain the law and help you deal with any legal issues.

Whether you are paying or receiving child support, you should not reach any conclusions on your own about when the obligation ends. Both Arizona law and the court order in your case cover the topic of how long a parent must pay child support. If you are the parent who is paying child support, you run a risk of potential enforcement action and a finding of contempt if you have terminated child support payments too early. At the same time, you do not want to pay more than is necessary.

Speak to a Tempe family lawyer at Blake & Pulsifer, PLC by calling (480) 838-3000 to ensure that you either stop paying child support when allowed by law or that you get the money you deserve from the other parent. You should not reach any conclusions on your own.

Arizona Law Regarding the End of Child Support

Arizona Revised Statutes §25-320 is the main law that governs the duration of child support in the state. The core obligation to pay child support lasts until the later of these two dates:

  • The time that your child turns 18
  • When they graduate from high school

Accordingly, the fact that your child has turned 18 on its own does not end child support. For example, if your child turned 18 in January of a given year, and they do not graduate from high school until June, child support must be paid through June of that year. The obligation is to pay through the month of graduation. If the child has graduated high school when they are still 17, the parent must pay support through their 18th birthday.

Child support may extend through the 19th birthday when the child is still in high school. Child support would end at that point, even if the child has not yet graduated. 

In some cases, the child support obligation may automatically be terminated on its own without anything further from the court. In the circumstances listed above, a parent would not need to seek a court order ending the payment of child support.

When Child Support May Not Automatically End

However, not all child support obligations automatically terminate on their own, and a parent may be risking consequences if they just stop paying child support when the child turns 18 or graduates from high school. The paying parent may need a court order when the following circumstances apply:

  • There are multiple children who are covered by the same support order. When this is the case, the parent will need to seek a modification of child support to reflect the fact that they no longer need to pay for one of the children,
  • There is language in the court order which states that child support remains in effect until there is a further court order. A judge may not necessarily deny a request to terminate child support, but they must issue an order for the parent to stop paying.

If the paying parent is in arrears on child support payments, that amount is still collectible. The parent who is behind on child support payments is still subject to enforcement action that can include wage garnishment or seizing their tax refund. If you are a parent who is receiving child support, you may still take steps to enforce any court order for unpaid child support. You have until ten years after the youngest child becomes emancipated to pursue the money that you are owed. 

There are circumstances in which the parent who is receiving child support may seek a court order to continue these payments. For example, if the child who was the subject of the support order has a severe disability that arose before adulthood, the parent may seek continued support. 

If you are the parent who is paying child support, you may consider seeking a court order to terminate payments, even if they may end automatically by operation of law. Given the potential consequences for failure to pay child support, you may want to err on the side of caution to have a judge confirm that you no longer have to pay. A parent who is receiving child support should consider consulting with a family lawyer to confirm their own rights and those of the children. 

Reach Out to A Family Law Firm in Tempe

To learn more about any legal issue related to child support, whether it is enforcement, modification or the end of payments, speak to a Tempe family lawyer at Blake & Pulsifer, PLC. You can schedule an initial consultation with an attorney by reaching out to us online or by calling us today at (480) 838-3000.