Legal Question in Family Law in Arizona

If one child lives with the Father and one with the Mother, do one of us still p

My ex-wife and I have two daughters, one of them just moved out to Wisconsin to live with me last year, she is 14 and the other daughter living with her Mother in Phoenix, AZ is 16. We were divorced about 13 years ago in Arizona, I moved to Wisconsin and have been paying child support ever since we divorced. Now that one of our daughters lives with me and one with her Mother, do I still have to pay child support. I have been told that in some states this situation would create a ''no pay'' situation on either of us. Is this just a state by state ruling. What should I do?


Asked on 2/25/04, 6:34 pm

2 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: If one child lives with the Father and one with the Mother, do one of us sti

Sent 2/26/2004

Since you now have "split custody", Arizona would calculate 2 child support worksheets: one worksheet for how much you owe Mom for the one child she has, and one worksheet for how much Mom owes you for the one child you have. The two resulting figures would cancel each other out only if the two of you earn approximately the same incomes. However, if one parent earns more than the other, there probably will be some small child support obligation.

I can explain the procedures for modification of child support better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 2/26/04, 10:11 am
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: If one child lives with the Father and one with the Mother, do one of us sti

Since there has been a change in custody, you should file for a modification of the current child support soon as your current obligation does not stop until the court orders otherwise. Arizona follows child support guidelines which will apply to calculating child support, if any, in your situation. Please feel free to contact us for a consultation.

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Answered on 2/25/04, 6:56 pm


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