questions & answers

Question: I am not currently working and haven't for 5 year because I was the homemaker. I'm getting a divorce and since child support requires you put you make a min. of 1255.70 a month can I also put in how much day care will be for my 2 sons even if they are not in day care yet, but will be when I find a job? When entering day care in the child support agreement child support goes up a lot and I know eventually it will be used. I just am not sure if they will allow me to put that in there. If I have to put I make money, shouldn't I be required to add in child care too?

Answer:

A.R.S. § 25-320(N) instructs the trial judge to assume, in the absence of contrary testimony, that a parent is capable of full-time employment at least at the applicable state or federal adult minimum wage, whichever is higher. Although, that parent may try to present evidence to show why that is not possible. In the Arizona Child Support Guidelines, it states that if a person is unemployed or working below full earning capacity, the court may consider the reasons. At the end of that same paragraph, the Guidelines state that "income of at least minimum wage shall be attributed to a parent ordered to pay child support." The Guidelines are silent, however, as to whether that same rule applies to a parent who *receives* child support. The court does not *have* to attribute income to either parent. It is discretionary (up to the court to decide). Finally, Paragraph 5(E) also states that "[i]f income is attributed to the parent receiving child support, appropriate childcare expenses may also be attributed." So, again, the judge has a choice. You should review this particular guideline thoroughly, because it also gives helpful examples.

To find out how these laws apply to your situation, you may want to consult with an attorney.