Child Support

questions & answers

Question: Does a parent have to provide child support for an illegal citizen? what are Arizona laws on this subject?

Answer:

Your question does not indicate whether the child is already the subject of a pending court action at this time, or whether some judge has already directed you to pay child support because of that case. These are both factors that could make a difference.

 A.R.S § 25-501(A) clearly states: "[E]very person has the duty to provide all reasonable support for that person's natural and adopted minor, unemancipated children, regardless of the presence or residence of the child in this state." The only exception in that statute (dealing with sexual assault by one parent against the other) presumably would not apply to your situation.

I am unaware of any law that exempts you from paying child support simply because the minor child happens to be an illegal alien, and such a rule most likely would be contrary to public policy - if only because there are certainly instances when even an undocumented alien can apply for (and receive) community, taxpayer-funded services. This is not to say that the child would necessarily have the right to remain in the country, just because you're paying child support. It simply means that Arizona law doesn't let you off the hook for support just because of the child's immigration status. If you wish to be sure about this answer, or ask other types of questions relevant to child support, an excellent resource would be the Department of Economic Security Division of Child Support Enforcement.  They have a webpage, and a contact link, especially devoted to these types of issues. They are real experts in this area, and could probably answer every child support question that comes to mind!