questions & answers

Question: I pay child support to my ex. It used to be taken directly out of my paycheck but 2 years ago I quit my job to be a stay at home parent. I have still been up to date on child support payments i have just been paying the support online through ipayonline through AZ.gov. My questions is there anything i should feel out to inform the courts that i no longer have an employer?

Answer: You do not say if your monthly income has changed.  If you are working from home and earn similar sums as you did when working outside the home, then you need do nothing.  However, if you currently have significantly less income, you have the right to go back to family court and file a motion for modification of child support.  A.R.S. Section 25-503 allows a modification of child support.  Section E of the statute states: "Any order for child support may be modified or terminated on a showing of changed circumstance that is substantial and continuing . . ."  As stated in the statute, you must show that your income circumstances have changed and that the change is substantial and continuing.  Your ex does have the right to counter that being a stay at home parent is your choice, that your earning capacity remains unchanged.