questions & answers

Question: My boyfriend is currently incarcerated on a child support warrant(held on a $10000 cash only bond). I'm trying to fill out a modification for him. He used to make $24per hour in the construction field.He lost his good paying job in Dec 2009. He has been in & out of jail for the CS ever since. Besides collecting Unemployement the only job he was able to get for a brief period was only paying him $11.00 an hour. My questions are 1)Should I use the $11 per hr or the Unemployment as income for calculating his support mod? & 2)How long can a judge make him sit in Jail? There's NO WAY we can pay it.

Answer: Please see the article “Child Support” on this website. Once a petition to modify child support is filed, the court must assess whether the modification is necessary. The court will modify support if there are substantial changes in circumstances and such changes are continuing. A.R.S. § 25-327. It is in the court's discretion to decide whether the modification meets the statutory requirements. Simply petitioning for modification does not guarantee that it will be granted.