Legal Question in Family Law in Arizona
I am 8 months pregnant and still married to the father of my child. However, the father is now incarcerated and will be until 2013. I plan to divorce him after the birth of my child and was wondering if he will have to pay child support? Before he became incarcerated he was the sole income provider in my home and I am worried I wont be able to provide for our child.
2 Answers from Attorneys
While he is incarcerated, he is not likely to have a child support obligation because he has no ability to earn income (this would be different if he was on work-release or work-furlough); however, once he is released, you would be able to file an action to modify his obligation based on his income (or reasonable earning ability) at that time.
There are arguments that can be made both ways. You do have the right to ask that the Court "attribute" him income even while incarcerated.
We can certainly help you consider and then pursue your divorce and child support options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
