Legal Question in Family Law in Arizona

Responsibility to other children

I have 3 children with my ex-wife and pay her child support. I have remarried and have two children with my new wife. They are my biological children. I have recently received a new job and need to re-calculate my child support. The State of Arizona�s public policy recognizes that all children have a right to be supported by their parents. When a parent has multiple children living in different households, that parent�s income is distributed between all the children, which reduces the amount available to each child individually.

How do I recalculate my child support so that my 3 children are taken care of along with the two children I have with my new wife. Is there a formula or a rule of thumb without going through the courts. My ex-wife and I have not had to go through the courts to settle any of the financial or visitation issues. I would like to work something out, but I wanted to know what was fair.

Thank you


Asked on 11/07/06, 11:12 am

3 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Responsibility to other children

Thank you for your inquiry.

The Arizona Child Support Guidelines formula includes consideration for natural or adopted children, not common to the parties, living in the home of either parent. This presents itself as an adjustment to the income of that parent. In your case, your gross monthly income would be adjusted (reduced) to account for the fact that there are two natural children living in your home. The support for the other three children would then be calculated based on that reduced income.

We offer a free initial consultation, so please contact our office to schedule a time to meet with one of our attorneys to discuss the details of your situation.

Sincerely,

Monica Donaldson

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Answered on 11/07/06, 11:20 am
Rich Peters R. J. Peters & Assoc., P.C.

Re: Responsibility to other children

Child Support is calculated per the Arizona Guidelines. You can runs some examples here: http://supreme.state.az.us/childsup/.

Your modification MUST go through the Courts to be legal!

We can absolutely help.

I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602x254x7251

602x254x1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 11/07/06, 12:13 pm
Jeanne Whitney Whitney Law Office

Re: Responsibility to other children

Free child support calculator sponsored by the Arizona Supreme Court at http://www.supreme.state.az.us/childsup/. They also have a booklet about modifying a child support order you can click on at http://www.supreme.state.az.us/nav2/childfam.htm. If you don't have access to the internet, try your local library. If it turns out you might qualify for a modification, you can choose to consult with or hire an attorney. Many people seek action by filing in court on their own. Good examples of pleadings are available at the Maricopa County web site http://www.superiorcourt.maricopa.gov/ssc/info/gen_info.asp. These forms can be used in other counties, just change "Maricopa" in the heading to the county where you live or the children reside.

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Answered on 11/07/06, 9:18 pm


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