Legal Question in Family Law in Arizona

I have a question about child support modification in the State of Arizona

Short History:

I was ordered to pay $80.00 a month 13 years ago. The amount was based on what I (Ray) made at the time and her (Judith�s) income. My income was $19,000.00 hers was $16,000.00 we have 50 /50 custody. She has our son 25 days a year more than I do. Three months ago I receive child support modification papers to go back to court. I had my court date the other day and went there without a lawyer thinking everything would stay same or if anything, Judith would be paying me. I did not request any modification. I was told by Judith it was mandatory by the courts to do when the child is 13.

For the last 6 years Judith�s income has been higher than mine. Judith makes $13.00 an hour and works for the state, also pays for his health insurance for our son. I make $10.05 an hour and work at Lowes. Judith is the biological mother to Mathew our son, and has no other kids of her own. She remarried three years ago and now has 2 stepchildren.

When the court mediator figured out the child support modification the other day, Judith was asked if she had any other kids at home, she said yes two. She did not say "I am a stepmother" or "yes, but they're my husband�s kids. She led the court mediator to think they were her kids. That gave her a $650.00 kid credit, and put my payment up to $140.00 a month. It seems like she is getting credit for her stepchildren.

My question is :

If Judith is going to use Chris's kids for a credit, why did she not have to use his income when applying for child support modification? Can she use his kids for a child credit as a stepmom?

2 Answers from Attorneys

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