Is the Final Month of Child Support Prorated or is the Full Amount Due?

Answer: Section 4 of the Arizona Child Support Guidelines, adopted by the Arizona Supreme Court and effective January 1, 2005, addresses this issue. Under Section 4 of the Arizona Child Support Guidelines, child support ends as of the last day of the month in which the final child support payment is due. Thus, under the Arizona Child Support Guidelines, a full monthly payment is due for the final month, even if the child who is the subject of the order meets the emancipation requirements earlier in the month.

Section 4 of the Arizona Child Support Guidelines is reprinted below for your information:

4. DURATION OF CHILD SUPPORT

Duration of child support is governed by Arizona Revised Statutes, Sections 25-320 and 25-
501, except as provided in Arizona Revised Statutes, Section 25-1304.
Upon entry of an initial or modified child support order, the court shall, or in any subsequent
action relating to the child support order, the court may, establish a presumptive date for the
termination of the current child support obligation. The presumptive termination date shall
be the last day of the month of the 18th birthday of the youngest child included in the order
unless the court finds that it is projected that the youngest child will not complete high
school by age 18. In that event, the presumptive termination date shall be the last day of the
month of the anticipated graduation date or age 19, whichever occurs first. The
administrative income withholding order issued by the department or its agent in Title IV-D
cases and an Order of Assignment issued by the court shall include the presumptive
termination date. The presumptive date may be modified upon changed circumstances.
An employer or other payor of funds honoring an Order of Assignment or an administrative
income withholding order that includes the presumptive termination date and is for current
child support only, shall discontinue withholding monies after the last pay period of the
month of the presumptive termination date. If the Order of Assignment or administrative
income withholding order includes current child support and arrearage payment, the
employer or other payor of funds shall continue withholding the entire amount listed on the
Order of Assignment or administrative income withholding order until further order.
For purposes of determining the presumptive termination date, it is further presumed:
A. That a child not yet in school will enter 1st grade if the child reaches age 6 on or before
September 1 of the year in which the child reaches age 6; otherwise, it is presumed that
the child will enter 1st grade the following year; and,
B. That a child will graduate in the month of May after completing the 12 th grade.

Wilcox & Wilcox, P.C.
Trent Wilcox
For the Firm

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555
Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880
Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Disclaimer: Providing the above information does not establish an
attorney-client relationship. To create such a relationship, both the
attorney and potential client must sign a written fee agreement. The
information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota.