 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
child support; preborn children
Purpose
Allows a court order for child support to be retroactive to the date of a positive pregnancy test that is confirmed by a licensed health care professional and limits the child support to the amount of direct medical and pregnancy-related expenses of the mother of the preborn child.
Background
In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child who is born to, or adopted by, the parents to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct. If child support has not been ordered by a child support order and the court deems child support appropriate, the court must direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding, the amount that the parents must pay for the past support of the child and the manner in which the payment must be paid, taking into account any amount of temporary or voluntary support that has been paid. Retroactive child support is enforceable in any manner provided by law.
The Arizona Supreme Court must establish guidelines for determining the amount of child support. The amount resulting from the application of statutorily prescribed guidelines is the amount of child support ordered, unless a written finding is made, based on criteria approved by the Arizona Supreme Court, that the application of the statutorily prescribed guidelines would be inappropriate or unjust in a particular case. The Arizona Supreme Court must review the guidelines at least once every four years to ensure that the application of the guidelines results in the determination of appropriate child support amounts. The Arizona Supreme Court must base the guidelines and criteria for deviation on all relevant factors, considered together and weighed in conjunction with each other, including: 1) the financial resources and needs of the child and custodial parent; 2) the standard of living the child would have enjoyed if the child living in an intact home with both parents, to the extent economically feasible; 3) the physical and emotional condition of the child and the child's educational needs; 4) the financial resources and needs of the noncustodial parent; 5) the medical support plan for the child; 6) excessive expenditures or concealment or fraudulent disposition of property held in common; and 7) the duration of parenting time and related expenses (A.R.S. § 25-320).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a court order for retroactive child support to apply to the date of a positive pregnancy test confirmed by a licensed health care professional or the date of filling a dissolution of marriage, legal separation, maintenance or child support hearing, whichever occurs first.
2. Adds, to the guidelines that the Arizona Supreme Court must consider when determining the amount of child support, the direct medical and pregnancy-related expenses of the mother, if the child is a preborn child.
3. Prohibits, if the court enters an order for child support for medical and pregnancy-related expenses of the mother, the amount of child support for the support of a preborn child from exceeding the direct medical and pregnancy-related expenses of the mother.
4. Requires the amount of child support ordered for a preborn child to be calculated from the date of a positive pregnancy test that is confirmed by a licensed health care professional.
5. Prohibits pregnancy-related expenses from including any expenses related to an abortion.
6. Allows a mother, in any marital proceeding where the mother is required or ordered to undergo genetic testing, to elect to undergo the genetic testing during the pregnancy or after the birth of the child.
7. Defines preborn child as the offspring of human beings from conception until birth.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
House Action
JUD 1/21/26 DP 6-2-0-1
3rd Read 3/9/26 31-21-7-0-1
Prepared by Senate Research
March 18, 2026
AN/ci