questions & answers

Question: My ex husband has filed for a modification of C.S. because he has had another child. He lives with his girlfriends family but failed to list them on petition as others who have an income in the household. He listed only his gf who is unemployed and takes care of their newborn. I live with my fiancé who pays most of the bills I am A stay at home mom. Can my ex be denied a modification for withholding of information relating to financial status of their household?Do I Have the right to ask for proof in receipts of childcare he is claiming to pay? Do I need a lawyer?

Answer: The Arizona Child Support Guidelines set out how child support is to be calculated and describe what income is to be considered.  The Guidelines specifically state:  "Only income of persons having a legal duty of support shall be treated as income under the guidelines.  For example, income of a parent's new spouse is not treated as income of that parent."  The income of his girlfriend's family is not relevant to his obligation to pay support.  You can ask the court to order him to provide evidence of child care costs for the new baby.