ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: JUD DP 5-3-0-0 | 3rd Read 31-26-3-0-0

Senate: JUD DP 4-3-0-0 | 3rd Read 16-11-3-0-0


HB 2502: child support; date of pregnancy

Sponsor: Representative Gress, LD 4

Senate Engrossed

Overview

Authorizes a court to consider the retroactive application of child support to the date on which a pregnancy was positively confirmed by a licensed health care professional, when applicable.

History

A court is authorized to order either or both parents owing a duty of support to a child to pay an amount reasonable and necessary to support the child in a proceeding for dissolution of marriage, legal separation, maintenance or child support, regardless of marital misconduct. Statute requires the Arizona Supreme Court to establish guidelines for determining the proper amount of child support (Guidelines) and review them at least once every four years.

If child support has not been previously ordered and a court deems child support appropriate, statute requires the court to retroactively apply the Guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding and direct the parents to pay for the past support of the child and the manner in which payment must be paid (A.R.S. § 25-320).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteAllows a court, when applicable, to consider the retroactive application of child support to the date on which a pregnancy was positively confirmed by a licensed health care professional. (Sec. 2)

2.   Specifies that, in directing the amount of past child support from the date of a positive pregnancy test confirmed by a licensed health care professional, the court must take into account any amount of temporary or voluntary support that has been paid from and after the date of the positive pregnancy test. (Sec. 1)

3.   Makes technical and conforming changes. (Sec. 1, 2)

Senate Amendments

1.   Allows, rather than requires, a court to consider the retroactive application of child support to the date on which a pregnancy was positively confirmed by a licensed health care professional, when applicable.

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5.                     HB 2502

6.   Initials JL/GC        Page 0 Senate Engrossed

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