Legal Question in Family Law in Arizona

Arizona remarriage child support

i married my husband june of 2005. he has a son from a previous relationship that we equally care for with his birth mom. there is NO custody documents on file. can she come after my money for child support???? - we live in ARIZONA

Asked on 1/04/07, 4:07 pm

2 Answers from Attorneys

Ronee Korbin Steiner Ronee Korbin Steiner, P.C.
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Re: Arizona remarriage child support

she cannot use your income for the purpose of CS calculations. The court can consider your income if you are providing sums toward his living, potentially considering some as additional income to him.

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1/04/07, 6:11 pm
Jeanne Whitney Whitney Law Office
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Re: Arizona remarriage child support

Arizona Law sets child support based on the income of both parents. The stepparents’ income is not part of the formula. Now, if you were working and your husband was a stay-at-home dad, the court would probably look at his earning capacity…and you might be helping cover the monthly expense. I assume your husband and the lad’s mother were not married, because a divorce decree would normally include a child support order. If your husband is served with legal documents seeking to establish a child support amount, you might want to consider hiring a local attorney, from your county.

Does your husband pay any amount of support now? Is that amount based on a written agreement? Be sure to document all support payments. Assuming the birth mother is not on welfare, direct payments, even cash are permitted until a court order says otherwise. If an order exists, be sure to make payments in the manner & method required by the court. Direct payments to the mother, if the order says to pay through the state, would be considered gifts.

A good source of information about child support can be found on the Arizona Supreme Court website http://www.supreme.state.az.us/dr/childsup/drguide.htm. You can also do a rough calculation of the monthly child support amount at http://www.supreme.state.az.us/childsup/. Good Luck.

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1/04/07, 6:22 pm

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