Legal Question in Family Law in Arizona

Re: Child support after the ex moves in with boyfriend

Typically, this will not affect child support at all. There is no way to have the boyfriend's income included for the purposes of calculating child support.

However, in some instances, their sharing of expenses can be considered "income" to your ex. as an example, if she now has no rent or mortgage, you could argue that the $600 - $1000 that she is saving (or whatever the number may be) is a comtinuing "gift" from the boyfriend, which is properly considereed income.

I will tell you that this argument, when I;ve tried it, has not been very successful. Nonetheless, if you wanted to pursue a modification of child support on this basis (or any other basis), please let me know. As an example, did you know new guidelines were adopted this year which MAY affect how much you are supposed to pay?

I can explain new guidelines better by phone or in person. There is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case. 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

Re: Child support after the ex moves in with boyfriend

Thank you for your inquiry. I am licensed to practice in Arizona, so my response is based on Arizona law.

Your child support will not be affected just because your ex's household income has increased;

only the parents' incomes are considered for child support purposes. The incomes of any boyfriend, girlfriend, new spouse or other person is irrelevant because only the parents have a legal duty to support the child.

If you have any other questions, please feel free to contact me at [email protected] or (480) 792-9770.

/s/ Monica H. Donaldson