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I was laid off from my job on Novemeber 1st. I was making 78000.

Will child support be based...
I was laid off from my job on Novemeber 1st. I was making 78000. Will child support be based upon my current financial position or on my prior earnings. The petitioner is asking that the child support be assessed based upon my earning before being laid off and receive retroactive repayment once I am employed. Is this possible? If I am not agreeable to this, does the law state that child support is based upon current income and not previous income?
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Answered in 4 minutes by:
12/1/2010
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Ordinarily, child support will be based off your pay record, which includes your check stubs and your latest W2s. However, if you prove that you are unemployed, the court may
consider the reasons. If earnings are reduced as a matter of choice and not for
reasonable cause, the court may attribute income to a parent up to his or her earning
capacity. If the reduction in income is voluntary but reasonable, the court shall balance
that parent's decision and benefits therefrom against the impact the reduction in that
parent's share of child support has on the children's best interest. Arizona Revised Statutes Section 25-320 et. seq. So the answer is - it is subjective, but as long as you are not willingly unemployed, the Court will very likely base the support either on minimum wage, OR that but with an increase with a few months taking in the probability that you will be employed again soon.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



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You can always request me for a future consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”












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Customer reply replied 7 years ago
We are currently going through the divorce and the decree has not been filed. Will this provide further opportunity to be considered for current salery, unemployment checks only?
Sorry, I do not understand - will what provide further opportunity to be considered for current salery, unemployment checks only? May I ask if you could rephrase the question?
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Customer reply replied 7 years ago
sorry for the confusion. The divorce has not been finalized. Therefore, there is not child support in place. We are currently discussing what the child support payment will be. Because it has not been finalized, will this strengthen the position that child suport will be based upon current income. In other words, theere has been no precidence set in child suport. Does that make more sense?
Yes, it does. I understand what you are trying to ask. This won't really affect it as much - it all depends on what you were being paid and currently are or are not, period. By the way, FYI, you CAN agree to an amount OUTSIDE the court and if both parties are in agreement, the Court WILL sign off on it. So if you can agree to a lower amount with her, that might work. You can use other parts of the divorce as leverage (ex, 'I'll give you the vehicle if you agree to take 'x' in child support').I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”








Ask Your Own Family Law Question
Yes, it does. I understand what you are trying to ask. This won't really affect it as much - it all depends on what you were being paid and currently are or are not, period. By the way, FYI, you CAN agree to an amount OUTSIDE the court and if both parties are in agreement, the Court WILL sign off on it. So if you can agree to a lower amount with her, that might work. You can use other parts of the divorce as leverage (ex, 'I'll give you the vehicle if you agree to take 'x' in child support').I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.



If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions after an accept should you wish to continue in this thread and I encourage you to do so should you need clarification!



While the legal system tries to be inclusive of every possibility, sometimes, people are ethically wronged but have limited legal avenues seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.



If you feel that I went an extra step to help, a bonus is always appreciated!



You can always request me for a future consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”








Ely
Ely, Counselor at Law
Category: Family Law
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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