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HB2144 - 572R - H Ver
House Engrossed
child support;
preborn children
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2144
AN
ACT
amending section 25-320, arizona
revised statutes; amending title 25, chapter 11, article 1, Arizona Revised
Statutes, by adding section 25-1502; relating to child support.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 25-320, Arizona Revised
Statutes, is amended to read:
START_STATUTE
25-320.
Child support; factors; guidelines; methods of payment;
additional enforcement provisions; definitions
A. 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.
B. If child support has not been ordered by a child
support order and if the court deems child support appropriate, the court shall
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
or the date of a positive pregnancy
test that is confirmed by a licensed health care professional, whichever first
occurs
, the amount that the parents shall pay for the past support of
the child and the manner in which payment shall 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.
C. If the parties lived apart before the date of the
filing for dissolution of marriage, legal separation, maintenance or child
support and if child support has not been ordered by a child support order, the
court may order child support retroactively to the date of separation, but not
more than three years before the date of the filing for dissolution of
marriage, legal separation, maintenance or child support. The court
must first consider all relevant circumstances, including the conduct or
motivation of the parties in that filing and the diligence with which service
of process was attempted on the obligor spouse or was frustrated by the obligor
spouse. If the court determines that child support is appropriate,
the court shall direct, using a retroactive application of the child support
guidelines, the amount that the parents must pay for the past support of the
child and the manner in which payments must be paid, taking into account any
amount of temporary or voluntary support that has been paid.
D. The supreme court shall establish guidelines for
determining the amount of child support. The amount resulting from
the application of these guidelines is the amount of child support ordered
unless a written finding is made, based on criteria approved by the supreme
court, that application of the guidelines would be inappropriate or unjust in a
particular case. The supreme court shall review the guidelines at
least once every four years to ensure that their application results in the
determination of appropriate child support amounts. The supreme
court shall base the guidelines and criteria for deviation from them on all
relevant factors, considered together and weighed in conjunction with each
other, including:
1. The financial resources and needs of the child.
2. The financial resources and needs of the
custodial parent.
3. The standard of living the child would have
enjoyed if the child lived in an intact home with both parents to the extent it
is economically feasible considering the resources of each parent and each
parent's need to maintain a home and to provide support for the child when the
child is with that parent.
4. The physical and emotional condition of the child
,
and the child's educational needs.
5. The financial resources and needs of the
noncustodial parent.
6. The medical support plan for the child. The plan
should include the child's medical support needs, the availability of medical
insurance or services provided by the Arizona health care cost containment
system and whether a cash medical support order is necessary.
7. Excessive or abnormal expenditures, destruction,
concealment or fraudulent disposition of community, joint tenancy and other
property held in common.
8. The duration of parenting time and related
expenses.
9. The direct medical and pregnancy-related
expenses of the mother if the child is a preborn child.
E. Even if a child is over the age of majority when
a petition is filed or at the time of the final decree, the court may order
support to continue past the age of majority if all of the following are true:
1. The court has considered the factors prescribed
in subsection D of this section.
2. The child has severe mental or physical
disabilities as demonstrated by the fact that the child is unable to live
independently and be self-supporting.
3. The child's disability began before the child
reached the age of majority.
F. If a child reaches the age of majority while the
child is attending high school or a certified high school equivalency program,
support shall continue to be provided during the period in which the child is
actually attending high school or the equivalency program but only until the
child reaches nineteen years of age unless the court enters an order pursuant
to subsection E of this section. Notwithstanding any other law, a
parent paying support for a child over the age of majority pursuant to this
section is entitled to obtain all records related to the attendance of the
child in the high school or equivalency program.
G. If a personal check for support payments and
handling fees is rightfully dishonored by the payor bank or other drawee, the
person obligated to pay support shall make any subsequent support payments and
handling fees only by cash, money order, cashier's check, traveler's check or
certified check. If a person
who is
required
to pay support other than by personal check demonstrates full and timely
payment for twenty-four consecutive months, that person may pay support
by personal check if these payments are for the full amount, are timely
tendered and are not rightfully dishonored by the payor bank or other drawee.
H. Subsection G of this section does not apply to
payments made by means of an assignment.
I. If after reasonable efforts to locate the obligee
the clerk or support payment clearinghouse is unable to deliver payments for
the period prescribed in section 25-503 due to the failure of the person
to whom the support has been ordered to be paid to notify the clerk or support
payment clearinghouse of a change in address, the clerk or support payment
clearinghouse shall not deliver further payments and shall return the payments
to the obligor consistent with the requirements of section 25-503.
J. An order for child support shall assign
responsibility for providing medical insurance for the child who is the subject
of the support order to one of the parents and shall assign responsibility for
the payment of any medical costs of the child that are not covered by insurance
according to the child support guidelines. Each parent shall provide
information to the court regarding the availability of medical insurance for
the child that is accessible and available at a reasonable cost. In
title IV-D cases, the parent responsible pursuant to court order for
providing medical insurance for the child shall notify the child support
enforcement agency in the department of economic security if medical insurance
has been obtained or if the child is no longer covered under an insurance plan.
K. If the court finds that neither parent has the
ability to obtain medical insurance for the child that is accessible and
available at a reasonable cost, the court shall:
1. In a title IV-D case, in accordance with
established title IV-D criteria, establish a reasonable monthly cash
medical support order to be paid by the obligor. If medical
assistance is being provided to a child under title XIX of the social security
act, cash medical support is assigned to the state pursuant to section 46-407. On
verification that the obligor has obtained private insurance, the cash medical
support order terminates by operation of law on the first day of the month
after the policy's effective date or on the date the court, or the department
in a title IV-D case, is notified that insurance has been obtained, whichever
is later. If the private insurance terminates, the cash medical
support order automatically resumes by operation of law on the first day of the
month following the termination date of the policy.
2. Order one parent to provide medical insurance
when it becomes accessible and available at a reasonable cost.
3. Order that medical costs in excess of the cash
medical support amount shall be paid by each parent according to the percentage
assigned for payment of uninsured costs.
L. In a title IV-D case, if the court orders
the noncustodial parent to obtain medical insurance
,
the
court shall also set an alternative cash medical support order to be paid by
that parent if the child is not covered under an insurance plan within ninety
days after entry of the order or if the child is no longer covered by
insurance. The court shall not order the custodial parent to pay
cash medical support.
M. In title IV-D cases
,
the superior court shall accept for filing any documents that are received
through electronic transmission if the electronically reproduced document
states that the copy used for the electronic transmission was certified before
it was electronically transmitted.
N. The court shall presume, in the absence of
contrary testimony, that a parent is capable of full-time employment at
least at the applicable state or federal adult minimum wage, whichever is
higher. This presumption does not apply to noncustodial parents who
are under eighteen years of age and who are attending high school.
O. An order for support shall provide for an
assignment pursuant to sections 25-504 and 25-323.
P. Each licensing board or agency that issues
professional, recreational or occupational licenses or certificates shall
record on the application the social security number of the applicant and shall
enter this information in its database in order to aid the department of
economic security in locating parents or their assets or to enforce child
support orders. This subsection does not apply to a license that is
issued pursuant to title 17 and that is not issued by an automated drawing
system. If a licensing board or agency allows an applicant to use a
number other than the social security number on the face of the license or
certificate while the licensing board or agency keeps the social security
number on file, the licensing board or agency shall advise an applicant of this
fact.
Q. If the court enters an order for
child support for medical and pregnancy-related expenses of the mother, the
amount of child support ordered for the support of a preborn child shall not
exceed the direct medical and pregnancy-related expenses of the mother of
the preborn child. Pregnancy-related expenses shall not include any
expenses related to an abortion. The amount of child support ordered
pursuant to this subsection shall be calculated from the date of a positive
pregnancy test that is confirmed by a licensed health care professional.
Q.
R.
The
factors prescribed pursuant to subsection D of this section are stated for
direction to the supreme court. Except pursuant to subsection E of this section
and sections 25-501 and 25-809, the superior court shall not
consider the factors when making child support orders, independent of the child
support guidelines.
R.
S.
For
the purposes of this section:
1. "Accessible" means that insurance is
available in the geographic region where the child resides.
2. "Child support guidelines" means the
child support guidelines that are adopted by the state supreme court pursuant
to 42 United States Code sections 651 through 669B.
3. "Date of separation" means the date the
married parents ceased to cohabit.
4. "Preborn child" means
the offspring of human beings from conception until birth.
4.
5.
"Reasonable
cost" means an amount that does not exceed the higher of five
per cent
percent
of the gross income of
the obligated parent or an income-based numeric standard that is
prescribed in the child support guidelines.
5.
6.
"Support"
has the same meaning prescribed in section 25-500.
6.
7.
"Support
payments" means the amount of money ordered by the court to be paid for
the support of the minor child or children
or a preborn child
.
END_STATUTE
Sec. 2. Title 25, chapter 11, article 1,
Arizona Revised Statutes, is amended by adding section 25-1502, to read:
START_STATUTE
25-1502.
Genetic testing;
in utero; after birth
In any proceeding brought pursuant to this title
in which a mother is required or ordered to undergo genetic testing, the mother
may elect to undergo the genetic testing during the pregnancy or after the
birth of the child.
END_STATUTE