Legal Question in Family Law in Arizona

Re: Child support

You may want to consider "attributing" yourself income either to minimum wage ($892 per month) or to an amount equal to what you are "capable of earning". Arizona law presumes that you are able to earn at least minimum wage. You can rebut that presumption if you are truly unable. Also, the Father could also take the position that your are intentionally underemployed, which brings the "earning ability" figure into question.

This is all a truly case-by-case analysis by the Court.

AND, you absolutely do not include your Husband's income as your income.

I can explain the issues and procedures 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

-------------------------------------------

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

Re: Child support

Thank you for your inquiry.

Your new husband's income is not included in the child support calculation, but you may need to attribute income to yourself if you are capable of working. The attribution of income is on a case-by-case basis, but the support calculation itself is done according to a pretty black-and-white formula.

I offer a free initial consultation, so please feel free to contact my office to schedule a time that we can speak.

Sincerely,

Monica Donaldson

(480) 792-9770