Legal Question in Family Law in Arizona

My step daughters mother moved to another state and eventually signed my husband sole custody. She has disclosed on a previous court document she works part-time and makes $10.40hr. We had completed child custody papers using her $10.40 but based on full time per guidelines court assumes each parent is capable of working full time. She is taking this to court because she cant afford it. She left 9 months ago and has 3 other children going through the same process and to this point hasnt paid a dime. We hadn't even put into the figures child care. It only came out to $167 a month, and she is disputing this! What can we do or additional information we can provide to convince the judge the is capable of working full time and providing support to her daughter?


Asked on 2/09/10, 9:42 am

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

First of all, if she lied to the court and stated she was working full-time that is perjury and she could get in a lot of trouble. If instead it was just a misunderstanding, then a recalculation of the child support needs to be accomplished based on her annualized wages. It is very difficult to prove someone is capable of working full-time, but it can be done. You would need to prove she worked full-time in the past and does not have any physical or mental disabilities that would prevent her from continuing to do so. An expert witness might be needed to assess her employability.

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Answered on 2/22/10, 9:23 am


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