Modification of Child Support for Your Graduating Child

Graduation season brings new beginnings for both high school seniors and their families. But, for many Arizona parents paying for child support, this milestone often raises an important question: does a child’s graduation mean the end of child support obligations? Under Arizona law, the answer is more nuanced than it first appears.

Arizona law provides that a child support obligation generally terminates when a child turns 18 and graduates from high school, or once they reach 19, so long as the child is still attending high school or a high school equivalency program. This means that if your child turns 18 in the middle of their senior year of high school, your child support obligation continues until the child graduates. If your child is already 18 during their senior year and is turning 19, child support terminates once they turn 19, so long as they are still attending high school. However, unless your child support order includes a specific termination clause tied to a child’s age and graduation, you will likely need to take legal action to end payments or modify the existing order.

A parent can request a modification of their child support order when there has been a significant and continuing change within the household. Generally, emancipation of a child constitutes changed circumstances that could warrant a modification or termination of child support obligations.

A common misconception is that child support automatically adjusts once a child is no longer legally considered a minor. However, under A.R.S § 25-327 (A), modifications can only take effect from the first day of the month after notice is given to the other parent. This means that waiting too long to file for a modification can cost you. For example, if your child graduates in May, but you do not serve your petition until July, you may be required to pay the current child support obligation through July or possibly August. 

It is important to note that courts consider several current financial circumstances when determining whether a child support order can be modified. Therefore, although a child graduates from high school or turns 18, if other factors have changed since the previous child support order was issued, it may not guarantee a reduction of child support. 

Before you file a petition to modify or terminate child support, it is a good idea to consult with a family law attorney. A child’s graduation can be a chance to adjust an outdated court order, but without the proper legal steps, you may find yourself paying more than you legally owe.

If you have questions about child support modification in Arizona, contact us here at Paradise Valley Family Law or call us at 480-498-3175.