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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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In Arizona, I am the custodial mother of two teenagers and

Customer Question

In Arizona, I am the custodial mother of two teenagers and my ex-husband has remarried. He has lost his job and wants to go to court to reduce his child support payments. Is the income of his new wife considered by the court in the decision and re-calculations?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel. No. The spouse's income is not included in calculations. However, while he may request a modification, a court would only reduce temporarily and interest would accrue on the amount the support is reduced. So in the long run your children would get what they are owed.

I suggest that the court will expect the Father to meet his wage expectations and the child support will be based on what he is expected to earn or his "earning capability" And with that being said, while it may be reduced as I explained, the court will not care how he meets his obligation just as long as he meets it. So while the spouse's income cannot be included for support, it does not go without saying the court will not care if he needs to have her help contribute to the support until he is back to work meeting his wage expectations.

Expert:  Samuel II replied 1 year ago.

Wage expectations are based on his experience, skills, education, knowledge and the amount he has been making in his job choice.

Expert:  Samuel II replied 1 year ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

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