Legal Question in Family Law in Arizona

My ex is planning to file for modification of child support, due to the loss of his job 18 months ago. He currently pays $637/mo for two children (ages 13 and 15), and wants to now pay $100/mo. He says that his unemployed status is the reason for the change; he cannot afford to pay any longer. I don't believe he is making serious attempts to find work, but do not know how to prove this.

Do judges consider merely what a person is currently earning, or do they consider what a person is capable of earning, based on past wages, qualifications, current job availability, etc.?


Asked on 5/30/11, 2:20 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

The court may take into consideration is earning history and/or his earning ability, and the judge has the discretion to "attribute" income if the judge believes he is voluntarily unemployed or underemployed. I encourage to you speak with an attorney once he files the documents - there are strict timeframes to deal with in a modification action, so you want to make sure you have the opportunity to object if you believe his calculation is incorrect. We offer a free initial consultation and can sit down with you to discuss your options.

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Answered on 5/30/11, 2:23 pm


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