Legal Question in Family Law in Arizona

Re: Child Support - Mom lied about salary and daycare costs

Does �hit with an order� mean that the mother has REQUESTED an order be set or changed OR does �hit with an order� mean your case has already been concluded by an ORDER from the judge? You may wish to consult with an attorney, but people represent themselves in court all the time without hiring a lawyer. A good place to start is to read the Child Support Guidelines from the Arizona Supreme Court web site found via the Guidelines Calculator page at http://www.supreme.state.az.us/childsup/. After you�ve reviewed the written Guidelines, try plugging numbers into the Calculator accessed through the same site. A. If the mother has REQUESTED, then yes you can subpoena her income records, past W2 wage statements, childcare expenses, medical insurance costs, and possibly her tax returns. Be prepared to provide the same type of information to her including your tax returns and income information. Information about a subpoena in Family Court is found in Rule 52 of the Arizona Rules of Family Law Procedure, see http://www.supreme.state.az.us/drrc. You can get a subpoena form from the Clerk of Court in the county where your child support case is pending or there is a sample form at http://www.coconino.az.gov/lawlibrary.aspx?id=2141. Because child support matters are civil cases, you will probably need to pay to have the subpoenas served by the local sheriff�s office civil division or a process server who can be found in the telephone directory. Once your have the income and child expenses, you can enter the information into the Calculator to find the legal support amount. B. If there is a court ORDER, you may still be able to subpoena the mother�s information. Check with the Clerk of Court and there could be additional expenses. If you are able to show that the numbers were off to an amount that changes the child support ordered by more than 15%, you can re-file for a modification. See forms at http://www.superiorcourt.maricopa.gov/ssc/forms/forms_available.asp that can be used anywhere in Arizona, just change the �Maricopa� to the name of the county you are filing in.