Legal Question in Family Law in Arizona

Rights of Second Wife and Children in regards to Child Support

My husband was taken to court to get the child support for his 2 teenage sons increased. The increase is more than 100% from 370.00 to 938.00 - if he has to pay this he will not be able to help support the children of our marriage - his second. What recourse do I, as the second wife have? How will by children be supported if all his money goes towards his first wife? The first wife and her husband live beyond their means and are now financially in debt, hence the reason for the increase. Where do my children fit in?

Asked on 1/04/02, 1:44 pm

3 Answers from Attorneys

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Re: Rights of Second Wife and Children in regards to Child Support

Under any circumstances, you, as the current Wife, have no different options than does your Husband. Really, he is the only one that has options.

Under Arizona law, child support calculations DO INCLUDE a setoff for his other children.

Of course, the possibility does exist that child support was not calculated correctly. If you would like to go through the calculations, we offer free 1/2 hour consultations, in which we can do so. 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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1/09/02, 3:55 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.
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Re: Rights of Second Wife and Children in regards to Child Support

Thank you for your inquiry.

If the child support was calculated appropriately, it would have taken into consideration the fact that the FAther has children from a different relationship. The increase in support is not affected by the Mother's debt situation; only the parties incomes, along with some child-related expenses (insurance, day care, etc.) are considered.

If you would like to discuss this matter with me further, please contact me to schedule a consultation: monica.donaldson@azbar.org OR (480) 792-9770.

Thank you.

/s/ Monica H. Donaldson, Esq.

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1/04/02, 4:19 pm
Jared Simmons Simmons & Gottfried, PLLC
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Re: Rights of Second Wife and Children in regards to Child Support

There are many varibles that go into the child support calculation. Debt of the ex-spouse is generally not one of the variables. The only time a debt of the ex-spouse might be a factor would be if it was a debt common to both parties that was not provided for in the Decree of dissolution. I would advise you obtain an attorney, me or one of the other fine professionals in your area, to discuss this matter. There is a deadline to file a response so obtaining experienced and quality representation quickly is suggested. Hope that helps.

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1/04/02, 4:38 pm

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