In proceedings for a dissolution or legal separation, the court may order either or both parents to pay child support. The court may also order retroactive child support (if no child support was previously ordered) from the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The amount of child support order shall the based on the following factors:
- The financial needs of the child.
- The financial resources and needs of the custodial parent.
- The standard of living the child during the marriage.
- The physical and emotional condition of the child.
- The child's educational needs.
- The financial resources of the non-custodial parent.
- The duration of parenting time and related expenses.
- Excessive expenditure, destruction, concealment, or fraudulent disposition of community property.
Child support continues until the age of majority unless the child is still attending high school (but only until age 19), or if the child is severely mentally or physically disabled and cannot be self-supporting. Support payments shall be made to the support payment clearinghouse for remittance to the person entitled to receive the payments unless the parties agree otherwise. Child support may be modified upon showing substantial changes in circumstances or every three years if requested [Based on Arizona Revised Statutes; Chapters 25, Titles 320, 322, 505.01]
PREMARITAL AGREEMENT:A premarital agreement must be in writing and signed by both parties. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. A premarital agreement is not enforceable if any of the following conditions apply:
- The party did not execute the agreement voluntarily.
- The party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.
- Did not voluntarily waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
- The party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
[Based on Arizona Revised Statutes; Chapters 25, Titles 202 and 204]
