SB 1653 Arizona Senate · 57th Legislature - Second Regular Session

family court; fees; costs; award

SB 1653 updates Arizona's child support enforcement rules. It requires courts to base support calculations only on documented income (not "assumed" income) and mandates that parents pay by cash, check, or money order if electronic payments are dishonored, with fees collected for failed payments. The bill also establishes automatic, mandatory reviews of child support orders every three years in state enforcement cases (without needing to prove changed circumstances), and allows termination of support if paternity was established through fraud or mistake. These changes directly affect parents obligated to pay child support, child support enforcement agencies, and families receiving support.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Feb 2026
Senate Passage
Mar 2026
House Passage
Governor
Introduced Feb 9, 2026 Last action Mar 10, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Senate Engrossed Version (03/02/2026) · 5 edits · Mar 2, 2026
MODERATE
This bill updates Arizona's domestic relations laws to strictly prohibit courts from using 'imputed income' (estimated earnings) when calculating child support or attorney fees, requiring calculations to be based only on actual, proven income. It also introduces a mandatory three-year review mechanism for child support orders in Title IV-D cases and establishes specific defenses for obligors regarding late collection efforts and voluntary custody relinquishment.
Scope change
The bill expands the scope of financial protections for parents by adding new subsections to existing support and fee statutes, while clarifying the definition of when a child is legally emancipated.
REQUIREMENT

Courts are now strictly prohibited from considering imputed income when calculating child support or attorney fees; calculations must be based solely on factual income presented as evidence.

Attorney fees awarded in domestic proceedings are now capped at 15% of a party's disposable income or $8,000, whichever is greater, if no community assets exist to cover the cost.

TIMELINE

A new mandatory review process requires Title IV-D child support orders to be reviewed and potentially adjusted every three years without requiring the obligor to prove a change in circumstances.

ENFORCEMENT

New defenses are established for obligors if the recipient unreasonably delays collecting debt for over ten years after a child's emancipation, or if custody was voluntarily relinquished for a period longer than court-ordered parenting time.

DEFINITION

A specific list of events (marriage, 18th birthday, adoption, death, or termination of extended support) now formally defines when a child is considered emancipated for legal purposes.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
8
Key actions
3
Committee
1
Mar 2, 2026
Upper · Passed
PASSED
upper
Mar 2, 2026
Upper · Passed
DP
upper
Feb 18, 2026
Upper · Passed
DP
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mark Finchem
Mark Finchem
RRepublican
AZ
1