Legal Question in Family Law in Arizona
Ex wife of 4 years has decided not to work anymore or work from home due to a business her new boyfiend/her have. Becuase of this she wants to stop the before & after school care my kids have so she doesn't have to pay her half of it. The kids are 6 & 8. We have 50/50 joint physical custody. She says she doesn't need the care anymore and will watch the kids when I need it. I am not working right now but plan to again asap. This means I really don't need the care right now but will when I start working. The issue is although she says she is not going to work anymore and can watch the kids her status changes all the time and if we cancel the care for my kids there is no guarantee that we will be able to get them in it again as it can fill up. If that happens and her status changes it will most likely effect any job I have as I won't have anywhere to bring the kids. We have had daycare or the before/after school care for the kids from day 1.
My ex has had at least 4 or 5 jobs since the 4 years of being divorced. She re-married about 16 mths. after our divorce to someone she dated for about 5 mths. or so. She got divorced from that person right about 2 yrs. later. The week he moved out she was flying out of town for another guy. Two months after her ex husband moved out she moved this guy in. The kids had NEVER met this guy. He was married at this time & left his wife & 2 little kids to move here. He also has another kid with his first wife. Within a few weeks of him moving in she got pregnant. The business they have is actually the same business he had where he lived. The business he had is shady as it has an F rating by the BBB, had over 20 complaints to the States Attorney Generals office & even had one of the main new stations to an investigation. The business wasn't even in his name he had it in his wife at the times name. The same business here is only in my ex's name. Very odd and doesn't make sense except for if anything happens my ex goes down not him. She is completly reliant on this guy and is something happens she will have to work and has no money and will need the care we have now. As you can see I can't count on her.
If we go to court will she most likely still be required to continue to pay her half of the before/after school care and not be allowed to cancel it?
1 Answer from Attorneys
It doesn't sound like either of you need the care right now. However, I wouldn't recommend rushing into revising it unless the situation becomes a little more stable. You could have an oral or even written private agreement. Or if you wanted to make it a little more formal, you could go through conciliation court to revise it which still would be cheaper than regular court.
Best of luck!
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