Home  |   Contact Us
 


What does emancipation mean?

In Arizona, a child emancipates when that child is 18 unless the child is attending high school or a certified high school equivalency program. A support order will continue as long as the child is actually attending, but only until the age of 19. A child is also emancipated on the date of the child's marriage, adoption, or death.

Emancipation of Minors:

Pursuant to A.R.S. 12-2451 and effective August 12, 2005, a minor who is at least 16 years of age, a resident of this state, self-sufficient, acknowledges an understanding of the obligations of an emancipated minor, and is not a dependent of the state may file a petition for an Emancipation Order. If the Order is granted the parental rights of the parents of that emancipated minor are terminated, including the obligation to pay child support. For additional information please call 602 506-4041.

My child support order covers two or more children and one of my children is emancipating, what can I do?

When one child emancipates, but one or more other children are covered by the same court order, the amount of the child support order is not automatically lowered by the emancipating child’s share. If you wish to modify your child support order when one child emancipates, you may file a Request to Modify the Child Support Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self-Service Center.    If your case is IV-D, you should contact the Department of Child Support Enforcement (DCSE) at (602) 252-4045.

What is the difference between a Child Support Order and an Income Withholding Order?

A Child Support Order is any order entered by the court for the payment of support. The party ordered to comply remains responsible for seeing that the court order is followed. An Income Withholding Order is an order from the court directing that deductions be taken from wages or other income to pay current or past-due support or spousal maintenance. An Income Withholding Order is sent to an employer or other source of income and is one way a party ordered to pay support may comply with the Child Support Order.

Does the Income Withholding Order stop automatically after the emancipation of all of the children who were included in the court order and upon full payment of arrears/judgments, if any?

No. A party to the case may initiate the action to stop the Income Withholding Order by filing a Request to Stop an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self-Service Center. If your case is IV-D, you should contact DCSE at (602) 252-4045.

Income Withholding Orders, that are issued by the Court, now contain a presumptive termination date which the employer stops withholding on that date as long as there is no payment on arrears included on the order. If there is a payment on arrears or your Income Withholding Order does not include a presumptive terminate date, you must initiate an action to stop the Income Withholding Order by filing a Request to Stop an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self Service Center. If your case is IVD, you should contact DCSE (602) 252-4045, and request that the Income Withholding Order be stopped.

All of my children are 18 and have graduated from high school, the child support payments were to stop, but they are still taking money out of my check. What can I do?

You may file a Request to Stop an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self-Service Center. If your case is IV-D, you should contact DCSE at (602) 252-4045.

One of my children is disabled and nearing 18 years of age, what can I do to ensure support continues for this child?

Check your current order for specific provisions that address the issue of supporting a disabled child. If your order does not address this issue or you do not understand your order, you may wish to seek legal advice from an attorney.

 

 

 
© <%= Year(Date) %>  Clerk of the Superior Court, Maricopa County For questions or comments, please visit our Contact page.