Legal Question in Family Law in Arizona
spousal maintenance and child support
I recently got remaired and filled out paperwork to stop spousal maint. Originally, my child support was $800 but was lowered to $666 when spousal maint. was calculated in. Will the child support go back up now that there is no spousal maint? Also, will my new husband's income be a factor in refiguring my ex husband's financial obligation to the kids? I just received notice of a scheduled conference with expedited services. My ex will not be there - he is out of state. Do I need an attorney for that, honestly?
2 Answers from Attorneys
Re: spousal maintenance and child support
Child Support should be adjusted when your spousal terminates. However, you must file appropriate paperwork to have the Court reconsider your support amount. I am not sure what you have filed thus far.
Your Husband's income absolutely cannot be considered in calculating child support.
Your ex does have the right to appear telephonically at the expedited services conference. I believe that you can certainly go to the expedited services conference without an attorney. It may benefit you, however, to spend an hour with an attorney to walk through the child support issues, so that you can know what to expect and what position to take on any arguable issues.
Please call me directly to discuss any further questions or concerns, or if you'd like to schedule a hearing prep conference.
/s/ Rich J. Peters, Attorney
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JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
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see our web page at www.familylawaz.com
Re: spousal maintenance and child support
Thank you for your inquiry.
Your new husband's income will not affect the child support calculation in any way. It is possible that the child support can be increased as a result of the stopping the spousal maintenance, but you probably have to separately request that this happen.
You are not required to have an attorney for Expedited Services. If your ex is not present, you probably wouldn't need an attorney, but it's up to you to decide whether or not you need represenation.