Arizona Child Support Calculator

Yes. Although this case did not involve a child, in in re Cortez, 247 Ariz. 534 (App. 2019), the Arizona Court of Appeals recently held a Court could not reject a name change simply because it is requested for a gender transition. Further, the Court pointed to a Virginia case that held a gender transition is a valid basis for requesting a name change. 

Like any other name change for a child, the issue will turn on whether the proposed name change is in the child’s best interests.  

Yes, it applies to both first and last names. Although parents more commonly are disputing the child’s last name, the law equally applies to first names and uses the same standards. 

That was the issue in Munguia v. Ornelas, 253 Ariz. 549 (App. 2022), where the Father asked for the child’s first names to also include the Father’s requested first name. The trial court granted his request, and Mother appealed. The Arizona Court of Appeals held that the Pizziconi factors apply to both first and last names, analyzed those factors, and then upheld the trial court’s order.  

Yes. The law requires you notify anyone who may have an interest in the name change. That would include a biological parent whose rights have not yet been established.

Probably not. If the other parents’ parental rights are still intact, a Court will likely view the requested name change as being contrary to the child’s best interests because it could be viewed as attempting to harm the relationship the child has with a legal parent. Remember one of the Pizziconi factors is the effect the change has on a relationship with each parent. While we recognize that, in some cases, a stepparent has become vitally important to the child’s life and is more of a parent to the child than the actual parent, the law is not going to put a stepparent on the same level as a legal parent.

The Court must look at whether the name change is in the best interests of the child. A.R.S. § 12-601(B). To aid in that, the Arizona Court of Appeals has come up with five factors known as the Pizziconi factors. They are as follows: 

1. The child’s preference
2. The effect a name change would have on preserving and developing the relationship with each parent 
3. The length of time the child has borne a given name 
4. The difficulties, harassment, or embarrassment that the child may experience from bearing the present or proposed name 
5. The motive of the parents and the possibility that the use of a different name will cause insecurity or a lack of identity 

The Court must also consider certain items under A.R.S. § 12-601(C), which are aimed at ensuring the name change is not being filed for a fraudulent purpose (and, honestly, are more geared for adults who want to change their name). These elements include whether the person requesting the change has a felony background or is facing felony charges for making a false statement or false identification.  

Then you can ask the Court to change it. You do so by filing a Petition for a Name Change with the family court. You can also bring a name change as its own petition or as part of a legal decision-making or parenting time proceeding. 

Yes, a child’s name can be changed. Any changes to the child’s name either need to be agreed upon by the parents or ordered by the Court.

Not necessarily. The law does not require that the child bear the father’s last name. If you want the child to bear your last name, you will need either a Court order or the agreement of the other parent.

In Pizziconi v. Yarborough, 177 Ariz. 422 (App. 1994), the Arizona Court of Appeals rejected the idea that a child must bear a father’s surname and adopted the reasoning from the Supreme Court of Utah that because these are now times of parental equality, it is no longer automatic that a child bears a father’s surname. Instead, the issue must be decided on in the child’s best interests.  

No, the authority to change the child’s name is not included within the legal decision-making authority. You will need either a Court order or the agreement of the other parent.

Yes. Child support and spousal maintenance do not get suspended because of an appeal. You have an ongoing obligation to pay those amounts. If the appeal changes the order, you will receive a credit for any amount you overpaid.

The best interests of the child are the standard under which the Court determines all matters relating to the child. To assist the Court in this function, the Legislature has enacted the 11 best interest factors listed in A.R.S. § 25-403. Parties should address these factors in their Pretrial Statement and at trial. The Court must make written findings on the 11 factors at trial.

As for legal decision-making, the Court will decide whether both parents or one parent will make the legal decisions. The Court can even assign that one parent have decision-making for one specific area of legal decision-making. For example, in instances where parents cannot decide on what school the child will attend, the Court will “split the tie” by awarding one parent decision-making over educational issues only.

For parenting time, what must be decided goes far beyond just setting a regular schedule. There must also be orders regarding holiday parenting time, vacation schedules, communication between the parties, communication with the child when in the other’s parents care, and exchange protocols. By law, whenever parenting time is decided, child support must be decided as well.

A.R.S. § 25-103(A) requires judges to apply the custody provision in a way that promotes strong families and strong family values. A.R.S § 25-103(B) says that, absent evidence to the contrary, it is in the child’s best interest for both parents to participate in legal decision-making and for each parent to have substantial, frequent, meaningful, and continuing parenting time with both parents. This policy is significant because best interests of the child is the standard Courts use to determine legal decision-making and parenting time. In Woyton v. Ward, the Arizona Court of Appeals found this public policy means there is a rebuttable presumption that parenting time should be equal, but in Gonzalez-Gunter v. Gunter, the Court also found that courts are not required to order equal parenting time just because both parents can safely watch the child if equal parenting time is not in the child’s best interests.

In a broad sense, custody means “legal decision-making and parenting time.” But more specifically, the term “custody” is actually no longer used in Arizona. In 2012, the Arizona Legislature passed, and Governor Brewer signed, a bill that renamed custody as “legal decision-making and parenting time.” The thought was that many parents fought over “custody” without understanding what it really meant, so the Legislature reasoned if they made terms more descriptive of the rights involved, there would be less conflict over “custody.” So legal decision-making and parenting time are descriptive terms. Legal decision-making means the right to make decisions on behalf of your child when it comes to major decisions in the areas of healthcare, education, religious, and personal care decisions. And “parenting time” means the schedule of when the child is with each parent.

Broadly speaking, legal decision-making, parenting time, and child support.

In 2012, the Legislature changed the meaning of the term, custody because they were concerned too many people fighting for custody did not understand what they were fighting for. There was a feeling that some people pursued “custody” simply because it was what a parent is supposed to do. The Legislature thought if they made the terms more descriptive of the rights being pursued, parents could make an informed decision of whether it was something they wanted to pursue in Court. The Legislature hoped the change might lessen conflicts and litigation.  

You have a few options: The first option is to enforce the Parenting Plan by filing a Petition to Enforce. A Parenting Plan is a Court order, and the Court can enforce its order. It can do so by imposing penalties on the offending parent or requiring them to attend certain classes or counseling to help them learn how to co-parent. Another option may be to modify the Parenting Plan. Depending on the infraction, the Court could make small adjustments to the plan, put conditions on the parent’s time with the child or adjust parenting time and legal decision-making altogether. 

No. Arizona is a gender-neutral state, meaning it does not favor one parent over the other because of gender.

In an ideal world, judges are trying to create a situation where both parents are equally involved, and the child is safe, loved, provided for, and cared for. The parents communicate well with each other and both are involved in the child’s education and attend the child’s medical appointments, school events, and extracurricular activities without any drama whatsoever. That would be the ideal, but most cases are going to fall short of that—and many will not come anywhere close to that. In those situations, the child’s safety must be tended to first, but after that, the court and others have developed programs to help parents communicated better, coparent better, and keep the focus on what is best for the child. Attorneys are aware of these programs and can talk to you about what solutions might fit your situation. 

The answer depends a little bit on your circumstances, but generally speaking, you should be keeping a timeline of events that have occurred and any evidence you might have to support it. If for instance, the other parent sends you a nasty text message, you should have a place where you write down the date and what was said, and then print out the text message and save it with the other evidence you have.  

If the Court ordered you to do certain things, such as attend counseling or complete a parenting class, make sure you do that and keep a record of it. The items the Court requires of you are not only mandatory, but i the judge is signaling to you what changes the judge wants to see before increasing your access to the child. You may not agree with the judge, but we recommend you follow what the judge has required of you to increase your chances for a better result next time around.  

For spousal maintenance and child support, keeping your financial records so that you are ready to go on discovery and disclosure is important and can save you a lot of time and money when you are ready to modify.  

You must pay child support until your child is 18 and graduated from high school or until they turn 19 years old.