Legal Question in Family Law in Arizona
Joint Custody and Expectations for Child Support and Other Payments
My husband and his ex-wife have joint custody of their two boys. He is responsible for all medical and dental expenses and pays monthly child support. She gets to claim the children on all tax years with no compensation for him whatsoever. They split time with the boys 50/50. One of the boys is deaf and has significant medical expenses. Do we have any legal rights to re-negotiate the assignment of ownership over expenses given that the time spent with the boys is equally shared? If he is responsible for medical and dental expenses but can't claim the boys as dependents, he cannot claim those expenses on his taxes. Also, how does Arizona state law look at spousal income in determining child support? Thank you for your help!
1 Answer from Attorneys
Re: Joint Custody and Expectations for Child Support and Other Payments
FIRST, in Arizona, the spouse�s income is not a factor in setting a child support amount. SECOND, review the parties divorce decree closely, there may have been negotiations or reasons for the allocation of tax credit and medical insurance coverage. THIRD, review the decree language, does father have to provide insurance coverage? Child Support calculations normally take insurance costs into account. FOURTH, does the decree split any medical costs not covered by insurance or is father 100 % responsible? FIFTH, 50/50 custody split doesn�t necessarily mean no child support will be paid, the courts normally consider the parties income, too. Therefore, if father makes more money than mother, he could still end up paying support.
Check out the Arizona Supreme Court web site http://www.supreme.state.az.us/childsup/. Near the bottom of the page select ARIZONA CHILD SUPPPORT GUIDELINES for a good overview of how the monthly amount is determined. Then back to the site listed and select the blue button box CALCULATE SUPPORT. Another site with a general overview with FAQ for Child Support in Arizona is at http://www.azlawhelp.org.
Father may wish to consult with his divorce attorney or hire another attorney to discuss this case with. The courts don�t normally consider a child support modification request unless there is a �substantial change of circumstances� or a request with at least a 15% change in the amount of monthly support. Good Luck