Legal Question in Family Law in Arizona
My ex was ordered to pay a certain amount for child support based on a full time minimum wage job since she was unemployed at the time it was set. She has recently filed for a modification because she's now earning minimum wage and only working 15 hours a week. She is physically and mentally capable of earning more. Is there something that the courts go by requiring she take a job she can not only support herself, but her son as well? On that same note, is this enough for me to file to reduce her visitation with him since she can't support him? Thank you for your time and help.
2 Answers from Attorneys
Generally speaking, it is the court's directive to treat her as though she's working full time at not less than minimum wage unless she can prove she is somehow not capable of holding a full-time job. Although I can't guarantee an outcome in your case, it would surprise me if the court reduced her child support obligation based on a 15-hour work week.
We offer a free initial consultation and would be happy to meet with you to discuss your options and help you determine your best course of action.
** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship.**
Everyone in Arizona is presumed to be to work "full time". SO, she will have to be able to convince the Court that she truly, in good faith, cannot work full time. It cannot merely b a choice on her part.
In order to seek a modification, you must be able to show that it is the child's best interests to spend less time with Mom. Sometimes this is true with financial hardships, and sometimes it is not.
We can certainly help you consider and then pursue your options for modification of child support and parenting time.
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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