questions & answers

Question: My ex and I have joint custody and a set schedule. I’m paying child support and I have back pay. Now that our child will be going to school we both have decided that it’s in our child’s best interest if the schedule changes one week off and on. I would like to know If there’s something I can file to terminate child support but continue to pay backpay only?

Answer: The amount of child support you pay depends on more than the amount of time the child spends with each parent.  The Arizona Child Support Guidelines also consider the relative income of the parties.  Suppose you and your ex each spend equal time with the child, but you make twice as much income as your ex.  In that circumstance, the court is unlikely to terminate child support.  However, because you are now having custody of your child for more time, the court may consider a petition to modify child support.  A.R.S. Sections 25-503; 25-1225.  You can find the court forms you will need on the court's website in the self-service center.  Go to: http://www.azcourts.gov/selfservicecenter/Child-Support-Family-Law/Family-Law-Forms/Child-Support-Modification-Forms.