Child Support

questions & answers

Question: My husband may have gotten another woman pregnant. I am the bread winner. What financial or legal responsibilities would I incur if it is my husband's child? Is there anything I can do to protect myself?

Answer:

The article entitled ARIZONA CHILD SUPPORT GUIDELINES (http://www.azcourts.gov/LinkClick.aspx?fileticket=DasxgufWHAQ%3d&tabid=4269) states in Section 5 DETERMINATION OF THE GROSS INCOME OF THE PARENTS Subsection F that only the income of persons having a legal duty of support shall be treated as income under the guidelines. For example, income of a parent's new spouse is not treated as income of that parent. This article contains more information on child support. Also as is stated on the article, The court shall not take into account the impact of the disposition of marital property except as provided in Arizona Revised Statutes Section 25-320.D.7 or to the extent that such property generates income to a parent. This means that property from the new marriage is not eligible to be used to pay the child support with some exceptions outlined in the statute listed above.

Also, the article states that there are some reasons to why a parent may be charged or not charged. If a parent is unemployed or working below full earning capacity, the court may consider the reasons. If earnings are reduced as a matter of choice and not for reasonable cause, the court may attribute income to a parent up to his or her earning capacity. If the reduction in income is voluntary but reasonable, the court shall balance that parent's decision and benefits therefrom against the impact the reduction in that parent's share of child support has on the children's best interest. In accordance with Arizona Revised Statutes Section 25-320, income of at least minimum wage shall be attributed to a parent ordered to pay child support. If income is attributed to the parent receiving child support, appropriate childcare expenses may also be attributed.

The court may decline to attribute income to either parent. Examples of cases in which it may be inappropriate to attribute income include, but are not limited to, the following circumstances:

1. A parent is physically or mentally disabled,

2. A parent is engaged in reasonable career or occupational training to establish basic skills or reasonably calculated to enhance earning capacity,

3. Unusual emotional or physical needs of a natural or adopted child require that parent’s presence in the home, or

4. The parent is a current recipient of Temporary Assistance to Needy Families.

The circumstances of the parent are extremely important in order to properly prepare for future events.