Legal Question in Family Law in Arizona
How can I convince the court not to attribute income while I undergo job retraining? My military contract in Iraq is ending and I can't find a job in my field of expertise. I've been applying to jobs in related fields for several months with no success. I've never been in arrears and even paid extra in the past, to include providing medical coverage even though it was not my obligation. I have enrolled in a Renewable Energy Technology Program for career retraining as well as applied to several flexible-hour jobs such as Starbucks, Blockbuster and waiter positions to try and make ends meet. My wife and I are expecting our second child, facing foreclosure and bankruptcy and I need some relief in my child support obligation.
1 Answer from Attorneys
You could and should immediately seek a child support modification based upon these factors. EVERY MONTH YOU WAIT IS A MONTH YOU LOSE, since Arizona cannot modify child support retroactively.
Our Child Support Guidelines state that "If a parent is unemployed or working below full earning capacity, the court may consider the reasons...................... If the reduction in income is voluntary but reasonable, the court shall balance that parent's decision and benefits therefrom against the impact the reduction in that parent's share of child support has on the children's best interest................................... The court may decline to attribute income to either parent. Examples of cases in which it may be inappropriate to attribute income include, but are not limited to, the following circumstances:
.....................
2. A parent is engaged in reasonable career or occupational training to establish basic skills or reasonably calculated to enhance earning capacity
We can certainly help you consider and then pursue your options for modification of child support.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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