questions & answers

Question: The child support worksheet has childcare listed, what does the word discretionary mean next to it? My children's father is suppose to pay childcare costs and now refusing because he says the word discretionary means its up to him to decide. Is that right? This amount is also a factor in figuring out the final child support amount? He pays 452.80 for 3 kids. But refuses to pay the childcare...just need some advice. Thx

Answer: Child support is determined by court order. Section 2F and 9B in the Arizona Child Support Guidelines address childcare costs. Childcare costs are divided proportionate to adjusted income and child support contribution. According to section 2F, “Monthly figures are used to calculate the child support obligation. Any adjustments to the child support amount shall be annualized so that each month’s child support obligation is increased or decreased in an equal amount, instead of the obligation for particular months being abated, increased or decreased.” Private school costs may be included in the overall child support calculations, however these costs must generally be ordered by the Court or agreed upon by the parents. Furthermore, the Guidelines may be adjusted to provide for special needs or handicapped children. http://www.azcourts.gov/Portals/31/GuideSched10072011.pdf Arizona Child Support Guidelines Example: At a child support hearing in a paternity action a custodial parent requests an adjustment for childcare costs (Section 9.B.1.). The parent incurs childcare costs of $150 per month but only for nine months of the year. The adjustment for childcare costs must be annualized as follows: Multiply the $150 monthly cost times the nine months that the cost is actually paid each year, for an annual total of $1,350. Divide this total by 12 months to arrive at an annualized monthly adjustment of $113 that may be added to the Basic Child Support Obligation when determining the child support order. For more information about child support view the “Child Support Article” http://www.azlawhelp.org/articles_info.cfm?mc=1&sc=2&articleid=53 and the “The Cash Assistance Program and Child Support” article http://azlawhelp.org/articles_info.cfm?mc=1&sc=2&articleid=54 To find out how the law applies to a specific situation, contact an attorney directly. http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=36&articleid=151