Legal Question in Family Law in Arizona
Child Support
I currently have full custody of my 2 teenage sons & my ex husband pays child support, (I have re-married). My ex husband would like to take custody of one of the boys, my question is this, if my ex husband took custody of 1 of the boys could he request child support based on my current husband's income since I am not employed?
1 Answer from Attorneys
Re: Child Support
Your current Husband's income cannot be used for purposes of calculating child support. However, the Court is allowed to "attribute" income to you based upon your earning capability, even though you have chosen not to work.
Ultimately, with split custody, whichever parent earns more will likely owe support to the other.
If you have any additional questions, please call me directly to discuss the specifics of your case, or contact my assistant Cathy 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