Legal Question in Family Law in Arizona
When we filed for divorce in 2005 both our incomes were relatively the same. The judge for our case decided that since we wanted joint legal and physical custody and since our incomes were comparable that neither would pay child support. Six years later, she is unemployed and living on welfare. My income on the other hand is almost double since the divorce. How would any of this have an effect if she decided to take me to court for child support or to fight for full custody?
3 Answers from Attorneys
These are two completely separate questions. A change in financial circumstances should not, in and of itself, form a basis to modify parenting time/custody. These changes would only be made if it is in the children's best interests to modify the equal time arrangements.
Child support, on the other hand, can be modifiable with a substantial and continuing change in circumstances. With equal time and equal income, child support is usually negated; however, if you have equal time but are earning substantially more than she is (even if she were still earning as she did at the time of the divorce), then you would likely have a child support obligation to her. If she is unemployed but not disabled, the court is supposed to attribute income to her of at least minimum wage.
We offer a free initial consultation, so please contact our office to arrange a time to speak with one of our attorneys who can help you to determine what your child support obligation might be if a modification action was filed.
I agree with Ms. Donaldson as to both issues. You may want to utilize the online Child Support Calculator to get an idea of the change in child support should your ex file for child support.
You could ARGUE that the Court should attribute her income comparable to what she used to be capable of earning. BUT, if the Court simply attributes here minimum wage, then you surely would owe some child support.
Her not working may or may nor affect custody. You could have arguments for change, and she could have arguments for change. I would need to know more.
We can certainly help you consider and then pursue your options for considering these matters. This is obviously a very important matter, and you should not go in alone.
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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