Legal Question in Family Law in Arizona

I have 3 years left of paying child support. I have joint custody and pay half of all expenses for my daughter in addition to monthly child support. Her mother has chosen not to work the past 11 years and instead lives off of her current husband. She just recently requested my income from my employer to get more child support for herself. I understand I have to provide this information, but aren't there any laws protecting me? I have a family of my own to support and think it's unfair I would have to pay her more because she has chosen to not work.


Asked on 9/11/09, 11:31 pm

2 Answers from Attorneys
Joan Bundy Joan Bundy Law

Yes, the amount has to be equitable. Just because the mother has chosen not to work does not necessarily mean she can take everything you have. Is she taking care of your daughter full-time? That may be a factor. Is she looking for a job or just living off the good graces of others?

The court should look at not only what you make but also what her current husband makes and any other sources of income she might have.

Best of luck!

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Answered on 9/17/09, 12:21 am
Monica Donaldson Stewart Donaldson Stewart, P.C.

If she is capable of working, the court is likely to attribute some income to her. Depending on whether your income has increased substantially, she may be entitled to additional support even if she has not been working (regardless of what income is attributed to her). The court will not consider her current husband's income because he is not legally responsible for supporting your daughter. If she does file an action to increase your support, I'd encourage you to schedule a consultation with our firm so we can review her worksheet and advise you of your options.

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Answered on 9/17/09, 12:37 pm


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