questions & answers

Question: If my ex wife is now making more money than i am and we share joint custody of my daughter, do I have to continue paying the same amount if any child support. I was paying 535 a month but was making 2000 a month now i'm lucky if i even make 500 a month and can barely keep a roof over my head and food in the fridge-i get food stamps but she take half or all of that too.

Answer:

Title 25 of the Arizona Revised Statutes (A.R.S.) contains the statutes for families. A.R.S. § 25-503(E) discusses modification of child support duties. The statute states: Any order for child support may be modified or terminated on a showing of changed circumstance that is substantial and continuing, except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate. The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. Modification and termination are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination. The order of modification or termination may include an award of attorney fees and court costs to the prevailing party.

A Child Support Calculator can be found online. If you choose to seek a modification, you may want to contact the governing Superior Court to obtain the necessary forms. Many counties have information online, such as Maricopa, Pima, Pinal and Coconino.