Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2502
child support; date of pregnancy
Purpose
Authorizes a court, if a child support order has not been ordered and if the court deems
child support appropriate, to retroactively apply the child support guidelines to the date of a
positive pregnancy test confirmed by a licensed health care professional if this date occurs before
the date of filing dissolution of marriage, legal separation, maintenance or child support proceeds.
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, 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 if 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 is required to 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 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 their application results in the determination of
appropriate child support amounts (A.R.S. ยง 25-320).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Authorizes a court, if a child support order has not been ordered and if the court deems child
support appropriate, to retroactively apply the child support guidelines to the date of a positive
pregnancy test confirmed by a licensed health care professional, if this date occurs before the
date of filing dissolution of marriage, legal separation, maintenance or child support proceeds. FACT SHEET
H.B. 2502
Page 2
2. Stipulates that when a court requires parents to pay for past support of a child, the court must
take into account any amount of temporary or voluntary support that has been paid from and
after the date of a positive pregnancy test confirmed by a licensed health care professional.
3. Makes technical changes.
4. Becomes effective on the general effective date.
House Action
JUD 2/1/23 DP 5-3-0-0-0
3
rd
Read 3/13/23 31-26-3
Prepared by Senate Research
March 28, 2023
ZD/SB/sr