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  1. #1
    Join Date
    Jul 2010
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    Default Custody and Visitation After Child Turns Eighteen

    My question involves a child custody case from the State of: Arizona

    I am the custodial parent of my child who has just turned eighteen and is about to start her senior year of high school. Currently there is no child support involved (I neither pay nor receive support). I'm aware that in Arizona an existing child support agreement would continue for an eighteen year old child until they graduate high school (or turn nineteen). What I'm not sure about is how the custody and parenting time plan affects an eighteen year old still in high school.

    More specifically, my child (now adult child) has requested to spend an additional evening a week with the NCP during her senior year. But prior to the NCP allowing this, they have stated that they want a new custody and parenting time change filed and want me to begin paying child support because of the additional evening. So, can the NCP even file papers with the court to request a change to the custody/parenting time for an eighteen year old, and if so, is there a possibility that I would be ordered to begin paying support?

    It just seems very unclear how Arizona law reconciles the child-support calculations for an eighteen year old who I think would be free to spend as much or as little time as they want with the CP or the NCP. Can someone clear that up for me.

    Thanks,

  2. #2

    Default Re: Custody and Visitation After Child Turns Eighteen

    Yes, support continues until 18 or graduated HS; but stops at age 19, but there is no provision for enforcing visitation after age 18. If the child wants to spend more time at the NCP, you should let them.

    Actually, spending an extra night there might not matter. Here are the instructions, it would seem to only add a 1/2 day. So maybe that's not enough to tip the scales?

    For purposes of calculating parenting time days, only the time spent by a child with the noncustodial parent is considered. Time that the child is in school or childcare is not considered.

    Here is the link http://www.azcourts.gov/Portals/31/C...rt/CSG2004.pdf

    Also, if the NCP happens to make more money than you, then according to the law, they equalize what the CS would be in addition to the equal time split.

    If the time spent with each parent is essentially equal, the expenses for the children are
    equally shared and adjusted gross incomes of the parents also are essentially equal, no child
    support shall be paid. If the parents' incomes are not equal, the total child support amount
    shall be divided equally between the two households and the parent owing the greater
    amount shall be ordered to pay what is necessary to achieve that equal share in the other
    parent's household.

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