Legal Question in Family Law in Arizona

Re: child support / comm. property

Thank you for your inquiry.

Child support depends on a variety of factors, including the parties' income, the cost of insurance and daycare, and the amount of time the child spends with each parent. If you buy out your wife's share of the house, this will not affect your child support. However, if your child lives with you most of the time, you would probably not be paying child support.

If you would like to discuss this in further detail, please feel free to contact my office to schedule an appointment: (480) 792-9770.

Sincerely,

Monica H. Donaldson

Re: child support / comm. property

Property division is completely separate from child support. Community property can be divided in most any creative way that meets the parties' needs, but it cannot offset child support. Child support is based on a formula that takes into account each parent's income, makes an adjustment for the amount of time the child(ren) spend with each parent, and other factors like day care costs, health insurance costs, etc. Support must continue all the way through age 18, or the high school years, whichever happens last. The law won't allow a trade-off of house money for child support, even if the amount is the same, because the court can't ensure that child care money will remain available on an on-going basis until the child becomes an adult.

It sounds like you are just beginning to think through your divorce. Divorce can be negotiated relatively inexpensively and quickly through mediation, avoiding the high time and money costs of lawyers and litigation. Mediation uses a skilled neutral facilitator to help couples negotiate even the thorniest issues. I'm an attorney-mediator. If you have any questions about mediation, you may want to check out www.yesmediation.com for more information. Or, if you need a referral to a regular divorce lawyer and aren't sure who to go to, I'd be happy to make a recommendation to a good lawyer in your area. Best wishes.