Legal Question in Family Law in Arizona

Yes, unless the other party agrees to relieve you of this obligation on a temporary basis. If you are voluntarily unemployed or underemployed, the court would still attribute income to you for purposes of determining your child support obligation.

If a parent is unemployed or working below full earning capacity, the court may consider the reasons. If earnings are reduced as a matter of choice and not for reasonable cause, the court may attribute income to a parent up to his or her earning capacity. If the reduction in income is voluntary but reasonable, the court shall balance that parent's decision and benefits therefrom against the impact the reduction in that parent's share of child support has on the children's best interest. Income of at least minimum wage shall be

attributed to a parent ordered to pay child support. If income is attributed to the parent

receiving child support, appropriate childcare expenses may also be attributed.

The court may decline to attribute income to either parent. Examples of cases in which

it may be inappropriate to attribute income include, but are not limited to, the following

circumstances:

1. A parent is physically or mentally disabled,

2. A parent is engaged in reasonable career or occupational training to establish basic

skills or reasonably calculated to enhance earning capacity,

3. Unusual emotional or physical needs of a natural or adopted child require that

parent�s presence in the home, or

4. The parent is a current recipient of Temporary Assistance to Needy Families.

We can certainly help you consider and then pursue your chiuld support modification 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

/s/ Rich J. Peters