How the Congressional Budget Office Assists Lawmakers
Arizona child support Final public comments
1. Child Support Guidelines Review
Compilation of public comments received on Arizona Supreme Court web page
Dates submitted: 8/22/14 through 10/22/14
Date
submitted
First name Last name Email Do you
reside in
Arizona?
If yes, in
what
county?
What is your
current parenting
time
arrangement?
Do you pay
or receive
child
support?
1. 8/22/2014 Heather Figueroa hfigueroa@courts.az.gov Yes Yavapai N/A N/A
Comment or
suggestion:
The only change I would request is if the Parenting Time Table tab can be a “required” feature?
2. 8/26/2014 Wendy Dunn wdunninaz@cox.net Yes Maricopa Essentially Equal Receive
Comment or
suggestion:
I am curious as to how the consumer price index really plays into this calculation. The cost of food and gas has increased dramatically.
Add to that clothing, shoes, and the cost of health insurance. Decree says we have them 50/50 but in all reality I have had them 100%
since February 2014. Family law has failed me in this state, the judge signed off on a decree with black and white mistakes (I was per
se.) I feel as though I have no rights being the petitioner and this "no fault" divorce state. This update to child support means nothing
in comparison to protecting my kids from an ex who is in contempt of multiple items on the decree and has broken about 3 ARS laws.
What we need are family court judges educated in people with NPD and who will upload the laws in relation to family court to where
a petitioner doesn’t have to jump through hoops to be heard.
3. 8/26/2014 Jemima Schmidt jemimaschmidt@me.com
Comment or
suggestion:
I am so glad that the child support guideline formulae are being revised. I support this. I am struggling to support two children and
work full time. The current guidelines do not adequately allow me to pay for childcare and the needs of my children. If you need any
examples please look at my case or ask for more information.
4. 9/3/2014 Torrance Martin tmartfreecity@yahoo.com Yes Maricopa Mostly with Mother Pay
Comment or
suggestion:
The mother of my child has alienated me from my son over 10 years. The child support obligation they set for me is over half of my
income. I tried to modify through DES but they send back letters telling me to show proof that I support my children in home and
show them birth certificates with mine and my in home child's name on it. This child support leaves me living in poverty. I work full
time and still have been left homeless, starving and disoriented. My entire tax return has been extracted from me since I was 23 years
old. Arizona child support took my life away from me since I was 23 years old and are relentlessly extracting and placing liens on
everything I have. The mother of my son never gave me the opportunity to help care for my son, and lawyers want money that I
cannot afford to pay because of the child support payroll extraction in order to get court ordered visits and a modification.
5. 9/4/2014 C J cgarera14@gmail.com Yes Maricopa Essentially Equal N/A
Comment or
suggestion:
Can you please send me an email address where I can send my comments and suggestions regarding the proposed child support
schedule. I was unable to write all of my comments in the provided box. Thank you.
2. Date
submitted
First name Last name Email Do you
reside in
Arizona?
If yes, in
what
county?
What is your
current parenting
time
arrangement?
Do you pay
or receive
child
support?
6. 9/4/2014 Justin Hertel jhertel@cox.net Yes Maricopa Mostly with Mother Pay
Comment or
suggestion:
Why are these guidelines always reviewed and modified in secret, without any input from the general public? Why does every
modified child support calculator give MORE money to the custodial parent? When do NCPs ever get a break? What has changed to
warrant this increase? My ex‐wife already gets almost 1,000 a month for ONE child and with this calculator, she will get even more.
To add insult to injury, the money I already pay is clearly NOT spent on my child. When I ask to spend more TIME with my child, the
courts deem my request unreasonable, but when my ex‐wife wants more money, the courts happily hand it over. When are the
courts going to make the custodial parents be accountable for how child support is spent?
7. 9/9/2014 Shebli Geegieh shebli.geegieh@gmail.com Yes Maricopa Essentially Equal Pay
In my opinion this new child support is neither fair or just. First of all, it failed to adjust for inflation.for the sake of numbers let us take
one parent who use to make 100K in 2011 and 100K in 2014 while the other parent makes "0" in 2011 and "0" in 2014. They have
50%if you put the numbers in the new work sheet the parent in 2014 will pay higher child support. how is the possible when1) Social
security taxes increases from 4.2 to 6.2 (in this case $2000 a month). i.e. the disposable income for the parent in 2014 is less than that
in 2011 by 2000.2) The cost of living increased exponentially. it cost much more money to put roof in top of the children. having a
house is the more important than food. kids can't live on streets, but they can live with less food.3) the parent who used to make
100K is now having lower standard of living (2000 ) less in tax, how come the standard of the living for the children increases then?
this is mathematically wrong.
8. 9/9/2014 Shebli Geegieh shebli.geegieh@gmail.com Yes Maricopa Essentially Equal Pay
Comment or
suggestion:
This work sheet failed to distinguish between parents who work under 1099 and those who work under W2, it failed to include the
costs required to generate income.For the sake of the argument let us this caseboth parents makes 100K and they share the kids
equally, However, one parent work from home under his own business paid using 1099 forms, while the other parent works for a
company under W2 and he is required to travel 100 miles a day to get to work.The first parent under 1099 has the choice to pay or to
skip Social security taxes and medicare, while the other parent must pay it. what that means that the parent with W2 gross income is
7% less than the parent on 1099. To add to that, the parent who drives 100 miles a day to work is required to pay extra money for
gas, if (s)he doesn't drive to work (s)he will not be able to make income. such cost must be added and treated just like daycare, it
must be subtracted from the parent gross income.
9. 9/13/2014 Jemima Schmidt jemimaschmidt@me.com Yes Receive
Comment or
suggestion:
I fully support the proposed child support guidelines being reviewed. As a single parent of two who is employed full time my out of
pocket costs for childcare medical transportation and school currently far exceed the calculated suport. Please adopt these guidelines
they are long over due. Please do not allow the fathers rights groups to strike this down like they did last time. Both fathers of my
children do not pay enough child suport ore even the court ordered guideline support commensurate to child support costs.they are
banking of my lack of funds to pursue enforcement.
3. Date
submitted
First name Last name Email Do you
reside in
Arizona?
If yes, in
what
county?
What is your
current parenting
time
arrangement?
Do you pay
or receive
child
support?
10 9/15/2014 Lisa Gervase lisagervase@gmail.com Yes Maricopa Mostly with Mother Receive
Comment or
suggestion:
The current guidelines provide for woefully inadequate support unless the primary parent earns at least $100,000/year. For any
reasonable lifestyle, particularly once children reach the age of being in activities such as music, sports, etc., the absolute minimum
support for each child must be $500/month. There is no way any child can have any reasonable life for less. That should be the
starting minimum point, and the support amount should go up from there depending on the guidelines and other relevant factors.
The law also should require continued support post high‐school for education, medical, etc. for children who continue post‐high
school education and are not fully independent. In most other areas of life, children are not 'cut off' at age 18 as long as they're in
school. Benefits then continue usually to age 23.
11. 9/16/2014 RONALD RYAN ronryanlaw@cox.net Yes Pima Mostly with Mother Pay
Comment or
suggestion:
I have standard visitation and pay child support for my 17 year old daughter. My issue has to do with the 3 biological children of my
30 year old son. My son goes along with whatever the mother says. I do not get to see the kids and the rules for grandparent
visitation do not apply because no parent has disappeared nor does another exception exist. But those kids are being abused, in
effect, by not having an ongoing relationship with their grandfather, i.e., me. The law should be changed to account for unreasonable
parents whose decisions pertaining to grandparents works substantiallyto the detriment of the children.
12. 9/19/2014 Glenn Halterman gdh@ellsworthfamilylaw.com Yes Maricopa N/A N/A
Comment or
suggestion:
Re: Section 27 of the Child Support Guidelines. The allocation of the dependency exemption should be contingent on an obligor being
current on child support AND spousal maintenance. An award of spousal maintenance results in a reduction of the obligor's child
support payment. In many cases, the receipt of spousal maintenance is far more important to the recipient to being able to support
their children than the actual child support amount. Under the current Guidelines, the obligor can preserve the ability to take the
exemption by ensuring that at least the child support obligation continues to be paid, while neglecting the spousal maintenance
payments (which may be of far greater importance). This is not equitable. If the right to claim the tax exemption is to be conditioned
on the payment of support, ALL support due to the recipient spouse—including spousal maintenance—should be considered. Thank
you for your consideration. Glenn D. Halterman, Certified Family Law Specialist.
13. 9/19/2014 Ken Sanders tsanders@sc.pima.gov
IV‐D Commissioner, Pima County
Superior Court
Yes Pima N/A N/A
Comment or
suggestion:
The"Arizona Child Support Guidelines Review," prepared by the Center for Policy Reserach (CPR) recommends that the self‐support
reserve test be raised to $1,115.00 per month, thus mirroring the current poverty level for a single person. (p. 25) Nonetheless, the
2015 Proposed Child Support Calculator sets the self‐support reserve test amount at $973.00, $142.00 less than recommended by
CPR. No explanation is provided for the decision to apparently reject CPR's recommendations and create an artificially low poverty
threshold. The self‐support reserve test should accurately reflect the minimum amount of income one must earn to "escape" poverty.
To do otherwise will result in artificially inflated and unrealistic child support orders. Thank you.
4. Date
submitted
First name Last name Email Do you
reside in
Arizona?
If yes, in
what
county?
What is your
current parenting
time
arrangement?
Do you pay
or receive
child
support?
14. 9/24/2014 Larue Sanchez im4everurs@outlook.com Yes Yuma N/A N/A
Comment or
suggestion:
I am just really concerned about how Fathers who cannot afford and attorney and appear in court standing alone against an attorney
hired by the ex in‐laws, and he knows nothing of the law, therefore, cannot properly defend himself and is totally unaware as to the
proceedings and what is taking place. And the courts order him to pay an outrageous amount of child support that goes above and
beyond his gross monthly income, He will never be able to make set payments, but he has no idea what to say or do, he is no
attorney, The judge does not remove himself from the proceedings even though the defendant voices his concerns that the judge
personally knows the in‐laws and feels that he will not get a fair court proceeding. The plaintiffs attorney moves everyone of her child
support cases to this same judge every possible court proceeding she represents, and more that 85% of her cases are won in this
judges court room. But the main concern, is how does the state of Az. allow a judge and the attorney for the plaintiff, legally allowed
to merely set an amount of support to be paid by a Father who doesn't make enough money to pay the set payment? How can they
legally set a man up to fail? This is not right and Az really should look into these child support cases much closer. Then maybe they
wouldn't have so many Fathers failing to pay child support payments, or failing to be able to make the entire payment. Yuma, Az
sickens me the way they handle their court proceedings. It's a good ol boys town and it has nothing to do with justice here, only about
who you know. Defendants seem to be the real victims here and I will get some public attention on this here real soon. Someone has
to alert the public to the unjustice being done to Fathers.
15. 9/25/2014 Mike Hughes MHughes76@live.com No Apache Mostly with Mother Pay
Comment or
suggestion:
I recently retired from the military, and now reside in Utah. My 6 year old daughter lives with my ex‐wife in Arizona, and to which I
pay child support. With my retiring, my financial situation has changed enough to merit amending CS. My question/issue is my ex‐
wife is self employed (Social worker/child counselor) and only pays herself a very minimal salary, which if used in CS calculations,
creates a disparity in CS paid by each party. During the divorce case, the judge did not factor anything other then my ex‐wifes salary
into CS calculations. How can I ensure it's going to be fair when I submit a modification request; is there anything I can
submit/request with the package? Very respectfully, Mike Hughes
16. 9/28/2014 Gary Robbins robbins.law@gmail.com
Comment or
suggestion:
I recommend that the Guidelines go up to at least $50,000 gross income per month. Past $20K a month, you could use Adjusted
Gross Income in $500‐$1000 increments instead of $50 increments. And yes, I have a client whose gross income in $50K a month.
Professional athletes make far more money, and in many cases spousal maintenance isn't available because the parties were not
married. Perhaps it would make sense to provide an algorithm or reference as to how to calculate the basic support guidelines.
17. 9/29/2014 Deborah Varney deborah.varney@rocketmail.com Yes Maricopa N/A N/A
Comment or
suggestion:
How will the tax exemption be allocated due to the federal requirement in the Affordable Care Act that the person who pays the
medical insurance receives the tax exemption, and the current guidelines provide that the tax exemption is based proportionate to
income? Deborah Varney, Family Law Attorney
5. Date
submitted
First name Last name Email Do you
reside in
Arizona?
If yes, in
what
county?
What is your
current parenting
time
arrangement?
Do you pay
or receive
child
support?
18. 10/5/2014 Lori Sucharski miataskiaz@aol.com
Comment or
suggestion:
My name is Lori Sucharski. I have witnessed the impacts of child support; as a payroll supervisor at a large corporation, by attending
support groups for single and divorced parents, by attending continuing education courses alongside professional educators from
multiple school districts and as a step parent in a high conflict divorce case.
I have concerns around the proposed child support calculations. According to data on Department of Numbers website based upon
US Census data median Arizona income has dropped almost 3% since 2010 and over 8% since 2005 the timeframe of the last 2
updates to the child support calculations and guidelines. Despite lower income levels the recommendation has been to raise child
support percentages. I fail to see the logical reasoning of raising the mandated costs for a child when the families do not have as
much. Wouldn’t the logical course of action be to stabilize the calculations and allow Arizona families to improve their overall fiscal
health?
I would also like to verify that the upcoming discussions about child support guidelines will include extensive brainstorming to resolve
the issue brought about by the implementation of the Affordable Care Act (ACA). ACA dictates that the person who provides health
insurance is entitled to the tax exemption. Arizona Child Support Guidelines have provided guidance on how to equitably divide the
exemptions based upon gross wages and the inclusion of insurance costs in the child support calculations. The following example is a
situation that could occur and is highly concerning:
Parent A and B share decision authority and have equal parenting time. Parent A gross wage is $2000. Parent B gross wage is $3500.
If Parent A is ordered to provide health insurance, Parent B will never be allowed to claim 2/3 of the child exemption that would be
appropriate based upon providing more than 60% of the insurance costs. If Parent B is ordered to provide the health insurance the
lower earning parent will not ever be provided the benefit of the tax exemption put in place to provide relief of the cost of raising a
child.
The child support calculators currently provide calculations for parenting days. Perhaps a similar calculation can be devised to allow a
reduction of child support amounts based upon what would have been the tax exemption awards. Allowing this reduction for the
parent paying for but not providing the health coverage for the child and following the ACA mandate for tax exemption award.
Thank you for your attention and support in this matter. Lori Sucharski, M.Ed.
19. 10/8/2014 Tim Mionske mionske@yahoo.com
Comment or
suggestion:
SEE SEPARATE COMMENT – INCLUDES RESPONSES FROM DR. JANE VENOHR
20. 10/9/2014 Shebli Geegieh shebli.geegieh@gmail.com
Comment or
suggestion:
I am writing to you to urge you not to pass the new 2015 child support. While the people in this country are no longer having the
same life style as before, economic inflation, Social security increase gas and food increase, yet the current child support increase the
child support amount. The same income in 2011 will pay higher amount of child support in 2015 (although his net disposable income
decreased, for example Social security tax went from 4.2% to 6.2%). That is not right. The fact is, it costs more to keep a roof in top of
the children. The State of MA for example lowered the child support amount, because they realize that life standard of the Americans
6. is no longer the same. I urge you not to sign the bill and to ask the legislator to look at what the State of MA had done and understand
it, instead of hiring a company from Colorado to do math for the state of AZ. Time had changed, this is no longer America that put
Armstrong on the moon, this America who is in debit to China. Regards, Chandler, AZ Shebli Geegieh
Date
submitted
First name Last name Email Do you
reside in
Arizona?
If yes, in
what
county?
What is your
current parenting
time
arrangement?
Do you pay
or receive
child
support?
21. 10/9/2014 Kevin Wasson kevin_wasson@yahoo.com
Comment or
suggestion:
Attached is a Word Document that helps to voice my opposition to accepting the proposed 2015 Child Support Schedule based on the
BR4 model. SEE SEPARATE DOCUMENT INCLUDED
22. 10/9/2014 Ingrid Wissemann ingridisland@netzero.net Yes Maricopa
Comment or
suggestion:
This letter is in response to the News Release, dated August 21, 2014, inviting public comment on child support calculations. It is very
interesting that I found this News Release late last night, being that today, October 9, concludes the open public comment period.
Today is also the date my divorce was final in 2013. I have much to say regarding child support, but more specifically child support
enforcement. This Monday, October 13, will be my seventh time in the Maricopa County Superior Court. I was awarded child
support, but do not get it as ordered. While it might concern the Superior Court to raise a calculation twenty dollars, what does it
matter if the child support is not sufficiently enforced? I am not belittling the effort to get the child support calculations correct, but
does it really matter if it is correct when it does not get paid because the laws regarding the enforcement of child support are
insufficient? There are websites devoted to the numerous loopholes that exist in the system for integrity lacking adults who do not
want to pay child support. No doubt the statistics of child support that actually gets paid is alarmingly low. Perhaps I will eventually
get the child support owed to me. I am not getting it now, when my children need it, even though I have been awarded it. My ex‐
husband makes approximately $55,000 annually as an electrician subcontracted to work at Intel. In addition to that, he makes
between $1,500 and $2,000 monthly, off the books doing side jobs, as was proven during divorce proceedings. He also lives in an
apartment free of charge because he is considered to be the electrician for a company in Phoenix/Scottsdale that owns many
property rentals that he works on as the electrician. He paid no child support during the summer leaving me to pay 100% of the going
back to school expenses. One month he paid a total of $175. He has given me zero dollars towards the $20,000 debt accrued during
the marriage, even though he was ordered to pay half. He has given me zero dollars towards medical bills and orthodontist expenses
for two children even though he was ordered to pay 66% of the medical expenses. He wrote down the wrong social security number
on the QDRO papers for the pension plan division. Then had it notarized, but not stamped, delaying the division as long as possible. I
cashed in half of my pension as soon as I could in order to pay the bills. I was married for over 20 years and was a stay at home
mother. Now I am a substitute teacher. I invite you to look at my case FC2013‐002667, Atlas 001327537800. You will see where
Judge Kiley awarded overnight visits of my children with my ex‐husband before the child mediation meeting was even conducted.
The child mediator stated that overnight visits were NOT recommended. My ex‐husband even claimed that a woman living in Laveen
was his Aunt. She is not his Aunt. She lied under oath. My children do not know her. He did all this to lower his child support. He
was awarded visits for 25 hours a month. He sees his daughters for two to three hours a month while he lives five miles away, and he
wants to pay “0” dollars for child support as stated in the last papers he filed. I write this letter to you knowing that you are the
contact for the child support calculations, but again, what does it matter if the calculations go up twenty dollars if child support is not
8. Lieberthal, Len Karp, David Lieberthal, Lee Richard, Tom Griggs Robert Jensen Dana Levy Aris Gallios Lisa McNorton,Steve Ellsworth
Annalisa Moore Masunas, Barry Brody, Laura Balleu
Date
submitted
First name Last name Email Do you
reside in
Arizona?
If yes, in
what
county?
What is your
current parenting
time
arrangement?
Do you pay
or receive
child
support?
24. 10/21/2014 Jacqueline Anderson jacand16@yahoo.com Yes Maricopa Mostly with Mother Receive
Comment or
suggestion:
The age of maturity in Arizona needs to be raised to age 21. No child is ready to face the world at the age of 18 and should not be
placed in a situation where they feel guilty about growing up. The need to have a year or so of college under their belts, get a job and
a car. I am still driving 18 year old children to community colleges. They are forced to take out loans to buy a car and I am still
teaching them how to drive. How can they work, pay insurance and go to college when they are worried about us just making rent. I
am disabled and we relied on support for our most basic needs. I cannot go back to work until they are stable. Or else they would
not have rides. Wake up people. Other states have already adapted this. (not to mention my ex has refused to ever release his
W2's, knowing I do not have the ability to take him to court for contempt of court) so he payed 1/2 of what he ever had to, no state
Child Support agency ever looked at his W2's.
25. 10/21/2014 Jeannette Stevens Westgateelectric@cox.net Yes Maricopa N/A Third party
obligee
Comment or
suggestion:
Community state effects the wife or husband for child support. I currently operate / run a business and because I'm married to my
husband who has an open child support case & we are married my income is included into his child support case while I have 3 kids
of my own to support. Rules of child support guidelines state the biological parent is responsible for support but yet I'm included
26. 10/22/2014 J S Jstevenssam@cox.net Yes Maricopa Mostly with Mother Pay
Comment or
suggestion:
Child support guidelines 2. PREMISESB. The child support obligation has priority over all other financial obligationsSo if the courts give
you a ridicules amount like they did in my case 1,500 a month with no proof of my income than the above guidelines generally say
your bills to also survive doesn't matter and if you can't pay your freedom is taken you should stay down not progress because a kid
needs 1.500 a month ...... Clearly the amount is funding others i.e. mother Wow such crap also this is my scenario right now
9. From: Tim Mionske [mailto:t_mionske@yahoo.com]
Sent: Wednesday, October 08, 2014 8:41 AM
To: Murphy, Heather
Subject: Proposed Child Support Schedule
The Economic Review of the Arizona Child Support Schedule (2014) uses an economic
formula designated as Betson-Rothbarth Four (BR4) to establish a new method for
calculating child support in Arizona. The BR4 formula is based on economic data from
2004 – 2009.
The Betson-Rothbarth method itself is well documented as over-estimating costs since
it;
• Assumes infinite income, i.e. that there will always be additional income to achieve an
equivalent standard of living after becoming a parent
• Fails to account for the costs of maintaining two households
• Fails to consider for duplicative costs between two households
COMMENT FROM DR. VENOHR: Mr. Mionske is confounding measurement issues
with the guidelines models. Post-standard of living is an issue that concerns the
guidelines model, which is a state policy decision. The Income Shares model is based
on the presumption that the children shall receive the same standard the children would
have received had the parents lived together and shared financial resources. In
contrast, the COBS model considered the relative standards of living of the parents.
The measurement of child-rearing expenditures used in the Income Shares model is
from examining actual expenditures in households collected by the Consumer
Expenditure Survey, which is conducted by the U.S. Bureau of Labor Statistics. The
methodologies for separating the child’s share from the adult’s share of household
expenditures varies.
In 2013, the State of Massachusetts, adopted new Child Support Guidelines, also based
on the Betson-Rothbarth methodology, and it concluded a reduction in child support for
all income levels and family sizes. The Massachusetts analysis concluded that the BR
Methodology greatly over-estimated child-rearing costs.
COMMENT FROM DR. VENOHR: The Commonwealth of Massachusetts is NOT based
on the Betson-Rothbarth measurements and has never been. Massachusetts did
reduce its schedule amounts in 2013 because they were some of the highest in the
nation.
The six years of data used to create BR4, uses nearly 4 years of economic data when
the AZ economy was artificially robust and only a marginal time frame after the 2008
Great Recession began. The 2013 USDA Report, Expenditures on Children by
Families, revealed that the 2008 BR estimates were at least 10% higher than 2011 BR
estimates because of factors related to the national economy.
COMMENT FROM DR. VENOHR: Several economists have examined whether the
proportion of total family expenditures devoted to child-rearing expenditures varies with
recessions and/or over time. This includes the Betson studies and the New Jersey
10. study, which are referenced in the CPR report. In general, the answer is that there are
not significant differences. With regard to the purported 10% difference between 2008
and 2011, if there is difference, it may be because of price increases.
The use of over 5 year old data forces all of the BR estimates to be overly inflated. The
second report, AZ Child Support Guidelines Review w/ Findings from Case File Data,
clearly states that most AZ families are living “paycheck-to-paycheck”.
COMMENT FROM DR. VENOHR: If I wrote that in the case file report, it was taken out
of context. Usually when I say “paycheck-to-paycheck” it is used to explain the
difference between the BR4 and BR3 methodologies. BR4 considers installment
payments and payments toward second mortgages and home equity loans. BR3 only
considers interest payments on the first mortgage and both consider rents, utilities, HOA
fees, and other housing-related expenses. With regard to installment payments,
consider a family that buys $4,600 of kitchen appliance using a 24-month payment plan
of $200 per month. BR3 would include the $4,600 as an expenditures while BR4 would
only include the months in which a payment was made (e.g., if survey period and
installment payments overlap for 10 months, there would be $2,000 included.)
Once new CS Guidelines are enacted, they cannot be changed for the next 4 years. To
hope that the AZ economy will catch up to the inflated BR4 amounts is ludicrous. When
considering how different the economy is in rural AZ compared to the Phoenix
Metropolitan area, it becomes even more relevant that the most current economic data
should have been used.
COMMENT FROM DR. VENOHR: See earlier comment about economic evidence
about changes over time and during recessionary periods.
For single-child families with a Gross Family Income from $13,400 to $17,250 per
month, the BR4 tables show an increase in child support. Single-child families with a
Gross Family Income outside of that income range would see a decrease in child
support. It is unjustifiable to have an increase in child support for such a small and
specific portion of families.
COMMENT FROM DR. VENOHR: As explained to the committee, the BR4 schedule is
more reflective of current economic data. When compared to the existing amounts
there are some decreases, which is counter-intuitive and a bothersome policy outcome
for some. Most economists believe that the Rothbarth estimator understates actual
child-rearing expenditures. Adopting BR4 would essentially be institutionalizing that as
policy. This is why two updated schedules were developed.
Using the BR4 methodology, in most cases, families with multiple children would see an
increase in CS over the same income range where a single-child family would see a
decrease. The increases under BR4 for multiple-child families exceed the 2013 USDA
Guidelines. The USDA Guidelines are considered to be economic maximums. Why the
BR4 formula was prepared in such a manner to force an increased burden on multiple-
11. children families or why it exceeds the USDA guidelines is unjustifiable and will only
result is extreme harm to AZ families.
COMMENT FROM DR. VENOHR: This is what the evidence reflects. It is not a
preparation issue.
From BR4 Proposed guidelines;
• two children cost on average 51% more than one child
• three children cost on average 81% more than one child
• four children cost on average 102% more than one child
• five children cost on average 122% more than one child
• six children cost on average 141% more than one child
From USDA 2013 estimates;
• two children cost on average 50% more than one child
• three children cost on average 75% more than one child
• four children cost on average 94% more than one child
• five children cost on average 109% more than one child
• six children cost on average 121% more than one child
When the BR4 Child Support Schedule is graphed, the bizarre nature of the BR4
formula becomes easier to see. An Appropriate Child Support formula would result in a
smooth curve with no abrupt changes over the range of incomes. The BR4 CS graphs
clearly show large inconsistencies, abrupt changes in values and anything but a smooth
curve.
COMMENT FROM DR. VENOHR: See previous comment.
From this basic analysis of the BR4 formula and the resulting Child Support Schedules,
it should be readily evident that BR4 has several problems that will only result in
harming the families of Arizona.
As such, the proposed 2015 Child Support Schedule that was developed using BR4
needs to be scrapped.
Any reasonable economic formula used to develop AZ child support amounts needs to
be;
• based on current AZ economic factors
• based on public input during the development
• based on values within USDA Guideline amounts
12. Heather,
I am writing to provide feedback into the Quadrennial Child Support Guidelines Review. Four years ago
I was shocked to find that the State Supreme Court had initiated a Child Support Review and avoided any
representation from the general public on the committee that performed the work. Only system
stakeholders were permitted to work on the committee. That committee produced COBS and was set to
implement COBS without any material public comment. Fortunately, the Legislature and the Public did
not agree with the back-room dealings of the Child Support Guidelines Committee and the
implementation of an entirely untested and unvetted child support model in Arizona was averted by
concerned citizens like myself.
Fast-forward 4 years and I have been actively reviewing the State Supreme Court's Website and the Child
Support Guidelines Review Committee site to determine when the work would be initiated for the current
Quadrennial Review.... Crickets... not a peep to be found.
Recently, I received information that the Surpreme Court was seeking public input on the guidelines that
have already been packaged and slated for implementation. Frankly, the process is a sham. The
committee again made no effort to seek active participation from the public during the guidelines review
and they are proposing to establish policy without any legitimate debate.
The problem with the practice around the guidelines is that a crazy assumption is made that the cost of
raising a child increases as a percentage of the income shares each and every time that the guidelines are
reviewed. At this rate, the percent of income allocated to the child will exceed 90% of the parents'
combined incomes within our lifetime!
This is simply voodoo economics with no basis in reality. It is not reasonable to increase the percentages
across the board for the obligor every year. The end result is a weakening of the family. The creation of
unnecessary conflict among the parents, and a substantially worse outcome for the children who simply
want to have a strong relationship with both parents. That, instead is replaced by the state strong-arming
one or both parents and compelling them to work things out even if the finances are completely
irreconcilable.
The contractor that was brought in to prepare the report made specific recommendations that were
rejected out of pocket by the committee with no explanation as to why those recommendations were
rejected. For example, they recommended increasing the self-support reserve test, and they recommended
reducing the income shares rates for low income families. There were other recommendations that appear
to have been rejected by the committee again with no explanation as to why.
Ultimately without a full public review and vetting of this policy work, the Supreme Court has again
over-stepped it's authority by excluding the public from the review process. It is unconscionable that the
Supreme Court did this again.
I will be sending a copy of this note to my legislators and the leadership of the State House and State
Senate and I will be asking them to take action in the event that the State Supreme Court continues to rail-
road the implemenetation of this newly proposed child support calculation.
Sincerely,
David S. Hamu
Mesa, AZ
13. Dear Senators and Representatives,
The State Supreme Court has again committed a great malfeasance upon the citizens of Arizona. Please
read this brief history of the shenanigans of the Child Support Guidelines Quadrennial Reviews
conducted by our State Supreme Court four years ago and again just recently.
I am requesting that the legislature take action and demand of the State Supreme Court that this guideline
review be fully transparent and open to the public. It has not been thus far and I believe that Laws are
being broken.
Four years ago the Arizona State Supreme Court attempted to pull a fast one and implement a wholly new
and un-vetted child support model in Arizona. The Child Support Guidelines Review Committee at that
time was operating in secret without public participation or public comment. In fact they were not even
shy about it, by their own statements they plotted to include only "system stakeholders" in the review
process and exclude the public until the 11th hour. Meeting minutes and correspondence between
committee members support this statement. The State Supreme Court's Child Support Guidelines Review
Committee was attempting to make public policy in absence of the public.
At that time, many concerned citizens, including myself objected. We brought this issue to the attention
of our Legislators and you were also concerned about the State Court's conduct. The proposal from the
Child Support Guidelines Review Committee was strongly rejected by our Legislators who demanded
that the State Supreme Court allow the public to weigh in on the matter. The Arizona Judicial Counsel
held public hearings and ultimately determined that it was best not to implement the proposal of the
Guidelines Review Committee.
Now, four years later, the State Supreme Court has again announced that a guidelines review has been
completed without any participation from the general public. They are ready to implement their updates to
the child support calculator and only after the fact are they asking for public comment. The conduct of
the State Supreme Court is shameful. How soon they forget!
Please take action to let the Supreme Court know that when the State Legislature entrusted the
Quadrennial Review to the State Supreme Court that this was not what was intended. Under the
circumstances is it also appropriate for the State Legislature to revisit the statute that delegated this
responsibility to the State Supreme Court. It is clear that the State Supreme Court cannot be entrusted
with this responsibility. When the responsibility was held by the Legislature, the process was open and
transparent and public comment was encouraged. The State Court has now proceeded with Guidelines
Review two times without the oversight of a legislative committee and both times it has failed to honor
the public trust.
I have attached my e-mail to Heather Murphy at the Arizona State Supreme Court.
Thank you for your time and consideration. Please feel free to call me if you have any questions or
concerns.
Sincerely,
David Hamu
Mesa, AZ
Phone: 480-540-3282
15. 1
History of the Income Shares Methodology
Income Shares child support tables are not based on actual spending on children but on indirect and highly questionable
estimate theories. Income Shares assumes that child support tables should be based on the spending necessary to restore a
family’s standard of living back to the same level it was before having a child or additional children. These indirect measures
were developed by economists in the late 1800s to answer the academic question: How much income is needed for different
family types (differing numbers of adults and children) to have the same standard of living? These are known as “Income
Equivalence Measures” and were never intended nor designed to measure the cost of rearing children but to compare standards
of living.
In the early 1990s, David Betson of the University of Notre Dame, was contracted to revise the Income Shares methodology.
Betson also used an income equivalence approach, borrowing a technique from Erwin Rothbarth. The Rothbarth methodology
compares the changes in household spending on purely adult goods to estimate child(ren) costs. The Rothbarth premise is that
by looking at only adult goods reduces the problem of shifts between adult and shared goods after having a child or an additional
child. For measuring child costs, Betson specifically used a particular collection of adult goods to measure a household's level of
well-being. The areas that Betson used were adult clothing, alcohol, and tobacco. Betson replaced the food-only indirect
measure, used by Espenshade-Engel, with spending in three adult-only areas and switched from shares of consumption to
levels of consumption. Because the cost tables are based on Betson’s interpretation of Rothbarth’s estimates, they are
sometimes referred to as Betson-Rothbarth (BR) tables.
The Betson-Rothbarth definition was based on the assumption that becoming a parent does not change adult spending for
alcohol, tobacco, and adult clothing. This leads to greatly overestimating child costs, similar to the problem with the
Espenshade-Engel definition, as it completely ignores how a household’s spending habits change after having children.
Specifically, the majority of families reduce their alcohol and tobacco consumption and re-directs a significant portion of their
spending on adult items to spending on child items.
In the late 1990s, the Betson-Rothbarth methodology was modified to use only adult clothing and no longer included alcohol or
tobacco.
Any variation of Income Shares leads to an overstatement of child costs by:
Non-recognition of finite financial constraints. That is, it makes the assumption there will somehow be additional income to
create an equivalent standard of living after becoming a parent.
KEVIN WASSON 10-09-14 - Public comment
16. 2
The choice of adult clothing consumption as a target definition in the newer version of Income Shares.
The use of intact households to estimate child costs ignores the fact that when going from an intact family to two separate
households, that there is increased overhead (two houses) and much less money to spend on children.
The economic base model is not focused on costs related to child rearing, but on an indirect correlation of how adults
spend money on themselves.
Background information/material on the Income Shares Model can be found in:
“Child Support Guidelines: Economic Basis and Analysis of Alternative Approaches,” by Robert G. Williams, Improving
Child Support Practice, Volume One, The American Bar Association, 1986.
Development of Guidelines for Child Support Orders, by Robert G. Williams, U.S. Department of Health and Human
Services, Office of Child Support Enforcement, September 1987.
Estimates of Expenditures on Children and Child Support Guidelines, Lewin / ICF, submitted to Office of the Assistant
Secretary for Planning and Evaluation, U.S. Department of Health and Human Services, October 1990.
Judicial Mandates for Child Support Guidelines
States are required to enact presumptive guidelines that are economically appropriate. (45 CFR 302.56)
Several court opinions have specifically stated general requirements for economically appropriate child support awards, and for
child support guidelines to meet constitutional analysis. One of the first decisions to state how to derive an economically
appropriate child support amount was Smith v. Smith, 626 P.2d 342 (Or. 1980). This case specifically stated that it is
inappropriate and unjust to apply a welfare case guideline to non-welfare cases. Secondly, the case delineated how the court
should allocate child costs between both parents. Cases that have provided definitions for constitutionally sound child support
award processes are Meltzer v. Witsberger, 480 A.2d 991 (Pa. 1984) and Conway v. Dana, 318 A.2d 324 (Pa. 1985).
These cases established several key principles. The father and the mother are responsible to pay child support and that
responsibility should be based on their income and financial standing. Child Support may be for more than just the basic needs
of the child, such as entertainment, but the amount paid for child support may not outweigh the need for a parent to meet their
own basic living expenses. Child Support may not be used for any purpose except to meet the reasonable needs of the child.
Child Support may not impose hidden spousal support, additional property division, or a redistribution of wealth.
Assumes each parent has an equal duty of support.
17. 3
Each parent’s obligation should be proportional to that parent’s available financial resources that are above self-support
needs.
As part of the total Child Support obligation, each parent receives full credit for direct contributions toward child costs in
the child support award.
Child Cost tables should be based on actual data on child costs rather than on indirect measures such as changes in
spending on adult goods.
Child-related tax benefits should be credited as a partial offset to supporting the children.
Ensures the Child Support amount leaves each parent with enough income to meet the parent’s basic living needs.
Analysis and Review of the 2015 Proposed Child Support Schedule
The Economic Review of the Arizona Child Support Schedule compared several methods for calculating child support and
comparing them to the current child support amounts from the 2011 AZ Child Support Guidelines. The Betson-Rothbarth (BR)
formulae are referred to in the report as BR3 and BR4. The BR3 methodology is based on economic data from 1998 through
2004. The BR4 methodology uses economic data from 2004 through 2009. There are other differences between the BR3 and
BR4 methods which are detailed within the report.
According to that report, the BR4 formula is supposed to be a better estimation of the costs for raising a child. Second, it is
supposed to be a better representation of the current AZ economy.
The report’s main recommendations are;
1) Use BR4 when it results in higher Child Support (CS)
2) Ignore BR4 when it would lower CS compared to the existing 2011 CS schedule
3) In order to comply with the Affordable Care Act, the parent who pays for the children’s insurance will also get 100% of
the child dependent deduction every year.
Analysis of the BR4 table results in glaring inconsistencies, disproportionate child support values and an aberration of the base
concept that Child support is to meet the basic needs of the child(ren).
18. 4
The BR4 economic period used, 2004 – 2009, uses nearly 4 years of economic data when the AZ economy was artificially robust
and only a marginal time frame after the 2008 Great Recession began. By using this economic time frame, BR4 is based on
economic data that is over 5 years old and cannot be reasonably expected to reflect the current economic conditions.
The proposed CS Schedule, once enacted cannot be changed for at least 4 years. Using economic date from 2004 – 2009 to
approximate CS amounts for 2015 through at least 2018 instead of using more current economic data is unjustifiable.
Massachusetts Child Support Guidelines, like AZ, are based on the Betson-Rothbarth formula as incorporated within the Income
Shares Model. With a similar economic evaluation, in 2013, the state of Massachusetts adopted an across-the-board decrease
in child support; in recognition that the base tables used inflated values and more importantly the Massachusetts economy.
http://www.mass.gov/courts/docs/child-support/2012-task-force-report.pdf
http://www.mass.gov/courts/docs/child-support/economist-report.pdf
Several 2013 and 2014 articles written on the AZ economy indicate that the average family is living “paycheck-to-paycheck” and
thus any increased cost in any area would create an undue hardship, thus detailing the fragility of the average AZ household.
This weakness in the AZ economy is repeated in the AZ Child Support Guidelines Review w/ Findings from Case File Data.
www.azcourts.gov/Portals/31/GuidelinesReview/AZChildSupportGuidelinesReviewFindingsfromCaseFileData082014RED.pdf
BR4 for one child creates an increase for a Gross Family Income only between the range of $13,400 to $17,250 per month.
Gross Family Incomes below $13,400, or higher than $17,250 would see a decrease in child support, (or none if the panel
recommendation to ignore decreases occurs).
Using the BR4 methodology, in most cases, families with multiple children would see an increase in CS over the same income
ranges where a single-child family would see decreases. The reasoning for this difference is not explained in the report.
BR4 for two children creates an increase for gross family incomes between $6,950 to $9,000 and a decrease from $9,050 to
$9,300; then an increase from $9,350 and up. BR4 is very inconsistent over various income ranges. Example, a gross family
income of $8,650 increases CS by $44 whereas a gross family income of $9,150 is a decrease in CS of five dollars.
BR4 for three to six children creates an increase in CS for a Gross Family Income of $4,600/month and up. The amount of
change under BR4 is very inconsistent. Examples;
a) Three children, gross family income of $8,650, CS increases by $100; a gross family income of $9,150, CS increases only
$43.
19. 5
b) Four children, gross family income of $8,650, CS increases by $112; a gross family income of $9,150, CS increases only
$48.
c) Five children, gross family income of $8,650, CS increases by $123; a gross family income of $9,150 CS increases only
$52.
d) Six children, gross family income of $8,650, CS increases by $134; a gross family income of $9,150 CS increases only
$57.
On pages 19-20 of the 2013 USDA Report, Expenditures on Children by Families;
“What is striking is the range in estimates resulting from the various studies. For one child, the estimates ranged between 21
to 32 percent of household expenditures being spent on the child; for two children, 31 to 47 percent; and for three children, 38
to 57 percent (almost a 20-percentage-point difference). When using the marginal cost method in estimating expenditures on
children, a researcher’s choice of an equivalency scale is crucial because different measures yield different results. Even
using the same equivalency measure can result in different estimates, depending on the years of data used and model
specification. For example, the 2011 study based on the Rothbarth estimator found that for two-child families, 37 percent of
total family expenditures went to goods and services for children (Judicial Council of California, 2011), while the 2008 study
using the Rothbarth estimator found that 47 percent of expenditures went to goods and services for two children (McCaleb et
al., 2008). The 2008 study found the Rothbarth estimator to be the most sensitive to underlying data and sample restrictions.
Also, the 2011 study calls into question the validity of the Engel approach.”
The analysis from the USDA report clearly shows that the 2008 Rothbarth estimator, which was used to create BR4, yields an
exaggerated CS value for families of multiple children.
From 2011 Child Support Guidelines;
two children cost on average 43.01% more than one child
three children cost on average 66.45% more than one child (23.44% more than 2)
four children cost on average 85.93% more than one child (19.48% more than 3)
five children cost on average 104.52% more than one child (18.59% more than 4)
six children cost on average 122.31% more than one child (17.79% more than 5)
20. 6
From BR4 Proposed guidelines;
two children cost on average 50.91% more than one child
three children cost on average 80.51% more than one child (29.60% more than 2)
four children cost on average 101.64% more than one child (21.13% more than 3)
five children cost on average 121.80% more than one child (20.16% more than 4)
six children cost on average 141.10% more than one child (19.30% more than 5)
From USDA 2013 estimates;
two children cost on average 50% more than one child
three children cost on average 75% more than one child (25% more than 2)
four children cost on average 94% more than one child (25% more than 3)
five children cost on average 109% more than one child (16% more than 4)
six children cost on average 121% more than one child (11% more than 5)
The USDA estimates are considered as economic maximums, as the USDA estimates are based on all factors related to child
rearing costs, including assumed medical costs, insurance costs, average educational costs between private and public
education, child care costs, etc.. The AZ Child Support Schedule excludes child care costs, tuition costs and insurance costs
thereby must always be below the USDA amounts.
The BR4 values clearly exceed the USDA values for families with multiple children. The negative impact of accepting the BR4
values is further amplified when one considers that the USDA estimates are based on intact, one-household families and the AZ
Support Schedule is for non-intact families with dual households.
When the BR4 based Child Support Schedule is graphed over the range of family income levels, the bizarre nature of the BR4
formula becomes easier to see. An Appropriate Child Support formula would result in a smooth curve with no abrupt changes
over the range of incomes. The 2011 CS graphs, shows some small inconsistencies at certain income levels, but overall are
fairly uniform. The BR4 CS graphs clearly show large inconsistencies, abrupt changes in values and anything but a smooth
curve. See graphs attached.