Legal Question in Family Law in Arizona

Child Support

I currently have full custody of my 2 teenage sons & my ex husband pays child support, (I have re-married). My ex husband would like to take custody of one of the boys, my question is this, if my ex husband took custody of 1 of the boys could he request child support based on my current husband's income since I am not employed?


Asked on 12/18/01, 4:19 pm

1 Answer from Attorneys

Re: Child Support

Your current Husband's income cannot be used for purposes of calculating child support. However, the Court is allowed to "attribute" income to you based upon your earning capability, even though you have chosen not to work.

Ultimately, with split custody, whichever parent earns more will likely owe support to the other.

If you have any additional questions, please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 12/18/01, 4:50 pm


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