Legal Question in Family Law in Arizona

Modification of Child Support

My ex-husband voluntarily left his position to work for a different agency reducing his pay to approx. $20K less. He has completed one month at the new job and is requesting to modify the child support based on his new earnings. ?Can his income be attributed to what he was capable of earning or is it projected to base his income on his now current earnings? Also, if I will be supporting our child 60% and him 40%, is he still entitled to the every other year tax exemption, or can that also be modified? He is also basing the modification on the number of days he is scheduled for visitation (139 days) however, historically since the days were set he has missed over 30 days of visitation. Since the divorce was granted (10/03) he has already missed two more additional days. ?Is this a valid argument for him not to receive credit for 139 days and be given credit only for the actual 107 days? Thank you


Asked on 2/06/04, 12:26 am

1 Answer from Attorneys
Chuck Saigh

Re: Modification of Child Support

Yes, generally speaking you can request that the court use the higher income, because he choose to make less money. Also, the tax expemt. and the visitation can also me changed. Make sure you document the visits made by dad. There have been many cases where dad has choose to make less money to pay less support. If you have any questions or would like to discuss this matter further please call my office. Thank you and good luck

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Answered on 2/09/04, 12:18 pm


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