The purpose of establishing child support is to provide financially for the children after a couple’s divorce. When the guidelines are followed, the court will grant a court order that awards the amount of money necessary to care for the children’s needs.
An Arizona child support guidelines deviation means that the court finds that following the guidelines for child support is either unfair for one or both parents or inappropriate for the case. However, deviations are only used by the courts in limited cases.
If you are wondering whether the factors of your child support case justify a deviation, speak with a child support attorney.
What the Court Must Find to Deviate From Child Support Guidelines
For a child support deviation in Arizona to be approved, the court must identify one of two circumstances: either the guidelines are unjust or inappropriate and fail to meet the financial needs of the child, or a deviation is otherwise necessary for the best interests of the child.
A request for a deviation may be submitted by either spouse due to a change in life circumstances. The judge will then weigh the circumstances and note the reasoning for the deviation request in the order.
Burden of Proof and Evidence Package
To persuade the court of the validity of your case, everything you claim must be proven to be more than likely true. Evidence must be provided to support your request.
Proper evidence includes:
- Budgets
- Invoices
- Individualized Education Program (IEP) documents
- Medical letters
- Travel logs
- Pay stubs
- Tax returns
- Opposing party financials
- A clean support worksheet showing with and without scenarios
Common Deviation Considerations in Arizona
Below are some practical examples regarding situations the judge may consider before approving a deviation:
Private School Tuition and Education Costs
If the cost of a child’s tuition and other educational expenses is more than the amount outlined by the support guidelines, a deviation may be necessary. Before the judge makes their decision, they will consider whether private school child support in Arizona is necessary, especially if the child requires special program attendance, or if it is the parents’ preference. The child’s enrollment history, scholarships, and both parents’ ability to pay are also considered.
Special Needs and Extraordinary Medical or Therapy Expenses
Special needs child support in Arizona refers to a child support situation involving a special needs child who has extraordinary medical needs or elevated therapy costs. These situations may be grounds for increasing child support. The necessary documentation is an IEP, which can help the judge understand the educational accommodations required.
For children with therapy needs, the judge will consider the frequency and the cost. Severe medical conditions that involve costly equipment or transportation to receive treatment are also determining factors. Gaps in what insurance covers may also persuade the judge to increase the child support order.
Long-Distance Parenting Time Travel
When one parent lives far away from their child, their parenting schedule involves significant travel times by necessity. This means that the costs of flights, lodging, and ground transportation can affect their finances, and such costs can add up quickly. Travel expenses for child support in Arizona are a potential reason a judge may consider a deviation.
Even when a parent moves out of state, child support is still enforced, if needed. The court splits costs between the parents by either looking at both spouses’ income, or they are split proportionally according to their income. Document itineraries for the judge by noting all dates of travel, the destination, hotel costs, and any receipts from traveling.
High-Income Cases Above the Guidelines Cap
For high-income child support in Arizona, it is important to note that standard child support is capped when the Combined Adjusted Gross Income is $30,000 monthly (Arizona Child Support Guidelines, 2022). If both parents’ income exceeds the cap, then there must be child-specific needs for requesting a larger support amount.
The court will do everything possible to avoid a windfall, which occurs when the support payment becomes much more than what the child needs. Instead, judges work hard to pinpoint the child’s needs and best interests. Parents who need to establish child support beyond the cap must work together to prepare a budget that covers all child-related costs.
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How to Request a Deviation
Before requesting a deviation, it is essential to understand the process to ensure that all necessary documents are filed and that the request is legally valid.
Standard Arizona Parents’ Worksheet for Child Support.
First, complete a standard Arizona Parent’s Worksheet for Child Support. To ensure that you are using the correct worksheet, access the worksheet through your county’s court website or request assistance from your attorney, as each county may be different. Use a second worksheet to outline the proposed deviation.
Modification Forms
Next, file a request by filling out modification forms. Make sure to fill out each form included in the packet, including the Parents Worksheet for Child Support Amount and the Affidavit of Financial Information.
File a Motion or Submit a Request
Another way to request a deviation involves filing a motion or petition to modify the child support order. Alternatively, you may include your request in your settlement agreement. A lawyer can assist you in including deviation language as well as providing the judge with the proof necessary to prove the need for a deviation.
An evidence packet containing documented proof of your need for a deviation, with a short memorandum with your reasoning for the request, must also be attached. Present all findings in reference to an income disparity, extraordinary medical expenses, or travel costs relating to parenting time. If there is a cap on child support, this must also be added.
Consider a True-Up Mechanism
If applicable to your situation, add a true-up mechanism, which allows for an assumed income or change in salary. This is important to include if you or your spouse has an unstable form of income. This provision results in a fair payment as an adjustment is made yearly without the need for a modification.
How to Oppose a Deviation
There are several ways to oppose a child support deviation in court.
Some arguments that may resonate with Arizona Family Court judges include:
- Duplication with existing add-ons or credits. If the request for deviation is for an amount that is already accounted for in the calculated standard child support amount, this may be a valid argument.
- Availability of public alternatives. If you or the other parent believes that there is a less expensive or free alternative to certain living costs, this argument may serve as valid opposition.
- Speculative costs. In the event that the court is wary of approving the deviation because of an expense that has no proof, you may demonstrate that the request is either due to an estimated or unnecessary payment.
- Ability-to-pay concerns. While one parent may believe that the support amount is needed, the other parent may experience a severe financial burden that would make the deviation unjust or inappropriate.
- Lack of child-specific benefit. As it is the court’s priority to ensure child support payments serve the best interests of the child, you may argue that the deviation would not serve this purpose.
According to Arizona Rules of Family Law Procedure Rule 82, you are permitted to ask the court to state its explicit findings and to limit the deviation’s duration if granted (Arizona Court Rules, 2025).
Avoid Double Counting and Other Math Traps
It can be easy to make mistakes when requesting a deviation, and double-counting an expense is one of the most common errors made during the process.
Take care to avoid these errors:
- Parenting time credit versus travel deviation. Parenting time is considered a standard calculated expense in a child support order. Travel destinations, however, are in another expense category.
- Health insurance premium add-on versus medical deviation. A health insurance premium is a standard expense that is factored into the child support calculations. Extraordinary medical expenses are exceptions to a child support order case where modifications are necessary for costly medical treatments.
- Work-related childcare versus “enrichment” requests. If your child needs childcare because you are a working parent, it is considered part of the standard calculations. Childcare services that are not necessary, but are instead used as a way of enriching the child’s life socially and educationally, will not be categorized in the same way.
- Imputed income and lifestyle analysis when self-employment masks true earnings. If you or your spouse is self-employed, financial documents must be presented to determine income. A lifestyle analysis is carried out to reveal any hidden income.
Another wise tip to follow is to review both the clean baseline worksheet and the adjusted version before submitting your deviation request.
Drafting the Order So It Works in Real Life
To create an effective deviation request, it is important to include several factors.
- Specify Dollar Caps – The amount caps once a combined adjusted income amount is reached, so include a detailed list of all categories of expenses covered, and consider a percentage of income adjustment that may be needed for older children for further financial support. Add the start and end dates when child support begins and ends.
- Take Note of Reimbursement Deadlines and Documentation Rules – These may vary depending on the situation as well as the terms of your child support order. If applicable to your case, prepare for a true-up once or twice a year by bringing any pertinent receipts, W-2s, or 1099s.
- Provide Written Warning if Moving – Under Arizona Relocation Laws, if you or your spouse has moved, you must provide a written warning 45 days before leaving the state or moving further than 100 miles away (ARS 25-408). You must also include all timelines relating to travel notice and booking rules.
- Recognize the Potential for Review – If significant changes occur to insurance coverage or costs increase, an automatic review of the child support order is likely to take place.
Modification and Review Down the Road
Modifications to child support deviation can be made in the event that a significant life change has happened, such as a parent losing their job or experiencing a decrease in salary. If there is a continuing change, such as the child’s educational needs and expenses, a review of the order may also be warranted.
For circumstances such as tuition costs or therapy-heavy cases, set a built-in review date to make sure that the current financial needs are being met. Between reviews, keep any evidence of changes in income, the child’s expenses, or other pertinent changes, such as adjustments made to parenting time.
County Practice Notes
To file in Maricopa County, use the forms provided through their website, provided that you meet their qualifications. Pinal County also has a website offering forms and a child support calculator.
Child Support Deviation FAQs
Below are a few commonly asked questions regarding child support deviation in Arizona.
Consult with a Child Support Attorney
The Valley Law Group is here to walk you through the child support deviation process. We even offer a free, easy-to-use child support calculator.
Contact us to request a consultation with our award-winning Phoenix-area family law attorneys.
Sources:
- Pinal County Superior Court. (n.d.). Child Support Enforcement. Retrieved March 31, 2025, from https://www.pinalcourtsaz.gov/167/Child-Support-Enforcement
- Arizona Supreme Court. (2011). Administrative Order No. 2011-10: Domestic Relations Settlement Conference Program Standards. Retrieved March 31, 2025, from https://www.azcourts.gov/Portals/0/31/AOCDRS10H2011.pdf
- Arizona Revised Statutes § 25-408. (n.d.). Child relocation; notice; presumptions; factors. Retrieved March 31, 2025, from https://www.azleg.gov/ars/25/00408.htm
- LegalMatch. (n.d.). Child Support Deviation Factors. Retrieved March 31, 2025, from https://www.legalmatch.com/law-library/article/child-support-deviation-factors.html
- Maricopa County Superior Court. (n.d.). Resolution Management Conference Worksheet (FC_DRMSS1). Retrieved March 31, 2025, from https://superiorcourt.maricopa.gov/llrc/fc_drmss1/
- Arizona Revised Statutes § 25-320. (n.d.). Child support; factors; methods of payment; review. Retrieved March 31, 2025, from https://www.azleg.gov/ars/25/00320.htm
- Arizona Department of Economic Security. (n.d.). How to Modify a Child Support Order. Retrieved March 31, 2025, from https://des.az.gov/featured-story/how-modify-child-support-order
- Arizona Supreme Court. (2022). Arizona Child Support Guidelines. Retrieved March 31, 2025, from https://superiorcourt.maricopa.gov/media/0zqj3ip2/child-support-guidelines-2022.pdf
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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