Arizona 2023 2023 Regular Session

Arizona House Bill HB2502 Comm Sub / Analysis

Filed 03/13/2023

                      	HB 2502 
Initials JL/GC 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
House: JUD DP 5-3-0-0-0 
 
HB 2502: child support; date of pregnancy 
Sponsor: Representative Gress, LD 4 
House Engrossed 
Overview 
Adds the date of a positive pregnancy test confirmed by a licensed health care professional as a 
permissible date to which a court may direct past child support payments if that date was earlier 
than the original date of filing a dissolution of marriage, legal separation, maintenance or child 
support proceeding.  
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. Allows a court to consider the date of a positive pregnancy test confirmed by a licensed health 
care professional as an acceptable date to which the court may retroactively apply the 
Guidelines to direct past support payments if that date occurred prior to the original date of 
filing a dissolution of marriage, legal separation, maintenance or child support proceeding. 
(Sec. 1, 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) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note