Legal Question in Family Law in Arizona

Child Support modification

My husbands ex wife moved to Arizona from Colorado. The current child support is withheld through the court system in Colorado even though she has lived in Arizona 2 years. Right before she moved the paperwork was being done to reduce the child support due to change of circumstances ex:she makes way more then she used to and they no longer need daycare. The expenses above and beyond child support are split 63%father 37%mother. Now she wants to raise the support $100 a month for ADHD med the boy is taking even though she works in a hospital and could get it for less if she wanted. Our perscription coverage is not very good in Arizona, we are based in NY. We are trying to find an attorney in Arizona- Mesa area to see what steps would be necessary for checking the level of child support and more than likely evening out the percents due by each. Any suggestions? Plus can she just go out and purchase whatever she wants and send us a bill for 63%? He seems to have a state of the art everything while we skimp on our family. Ex: best braces, glasses, contacts anyone could want. Thank you.


Asked on 4/12/04, 2:50 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Support modification

This may be a USDL matter which you might be able to handle through your local NY Family Court; or through USDL in Colorado.

Also, Federal Child Support provisions and most states require health insurance coverage utilization that is fairly specific; and generally indicates that the pro rata split is upon "uncovered, or out of pocket that should have been covered by one or other parent. If insurance coverage is properly maintained and not utilized by the parent claiming reimbursement, then the Courts generally do not enforce payment of the charges. Also, If the charges are for "elective" treatment that a parent "reasonably" dissapproves of, that parent might be relieved of being responsible for payment.

If your spouse's costs and expenses have increased, due the move, in order to maintain contact with his child, he may also claim he should be entitled to a child support "offset."

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 4/13/04, 12:30 pm
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Child Support modification

Please feel free to contact our office to schedule an appointment with Lori Patrick to discuss your family law questions.

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Answered on 4/12/04, 3:05 pm


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