Legal Question in Family Law in Arizona

I am divorced. My ex is engaged to be married. Her fiance has moved in. I pay child support but no longer pay spousal maintenance.

1) Do I need to wait until they are married to change the child support payments or can I pursue this now since they are living together?

2) I currently pay 85% medical for the kids since thats the way 0salary ratio came out. Can I expect this to change in lockstep with the new child support payment?

Thanks.

-Scott-


Asked on 10/14/09, 6:43 pm

1 Answer from Attorneys
Rich Peters R.J. Peters & Assoc., P.C.

Please know first that the fiance's income has NO effect on the calculation of child support. You MAY be able to claim that she receives additional income from a "roommate", but I wouldn't like your chances. If her financial circumstances have changed in other areas, then perhaps you are entitled to a modification anyways.

We can certainly help you consider and then pursue your options.

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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ 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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Answered on 10/19/09, 6:55 pm


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