{"id":3643,"date":"2018-06-30T10:26:10","date_gmt":"2018-06-30T17:26:10","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?page_id=3643"},"modified":"2022-12-01T12:46:12","modified_gmt":"2022-12-01T19:46:12","slug":"can-i-pay-off-my-child-support-early","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/can-i-pay-off-my-child-support-early\/","title":{"rendered":"Can I Pay My Child Support Off Early in Arizona?"},"content":{"rendered":"

Introduction<\/h2>\n

For parents with only a few years left in their child support obligation, the idea of a lump sum payment can be intriguing. If you\u2019re able to save up enough money to pay it off early, that could be months or years that you don\u2019t have to worry about monthly payments or paycheck withholding. Your life would be easier, your child would be provided for, and the custodial parent wouldn\u2019t have to worry about missed child support payments. It\u2019s a win-win for everyone, right?<\/p>\n

While the idea of a lump sum payoff may sound appealing, most attorneys would strongly recommend against it. Reaching an agreement with the custodial parent to pay off your child support obligation is possible in some situations, but if the state is involved it will rarely sign off on the deal.<\/p>\n

Child support agreements can be modified, too, so there\u2019s always the chance that something can change in the future that increases or extends your child support obligation. On top of that, there\u2019s always the risk that your current financial situation can change, and you may need the money that you paid via lump sum to support yourself (which you can\u2019t get back once you deliver the check and sign the agreement).<\/p>\n

Arizona Child Support Law<\/h2>\n

According to Arizona Revised Statute 25-501<\/a>, \u201cevery 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.\u201d The obligation to pay child support typically lasts until the child turns 18, though if the child is still in high school when they turn 18 the obligation will continue until they graduate or turn 19, whichever comes first. If the child has any mental or physical disabilities, the court has the ability to order continued support past the age of majority.<\/p>\n

Child support payments are determined according to the Arizona Child Support Guidelines<\/a>. There are a variety of factors that may be considered when determining the child support obligation, chief among them being the child\u2019s needs and the parents\u2019 current annual income. Once the value of the child support payment is determined, it\u2019s typically formalized in a child support agreement.<\/p>\n

Unless your divorce decree includes provisions for private child support payments, most child support agreements include an income withholding order. The state collection agency will deliver a notice of withholding to the non-custodial parent\u2019s employer, and the employer is obligated to comply. Income withholding orders aren\u2019t always pleasant and they can lead to tension with your employer, but keep in mind that your employer cannot fire you because of the inconvenience or additional administrative work that\u2019s required.<\/p>\n

Paying Child Support with a Written Agreement<\/h2>\n

If your child support obligation is handled privately with no involvement from the state, you may be able to issue a lump sum payment to complete your current child support obligation (note the emphasis on the word current\u2014we\u2019ll get to that in a bit). You\u2019ll need to reach an accord with the custodial parent, and the arrangement must be in the best interests of the child. Have your attorney draft a written agreement that includes the following provisions:<\/p>\n