Can Child support payments be modified?

[cubby]

Arizona-My husband pays child support to his ex who does not work and is a full time student. She has been a full time student for at least 5 years. When the child support payments were calculated he was a single man. He is now married and we have a 2 yr old. Can the child support payments be modified? Also, can his ex continue to go to school for ever and we just continue paying the full amount to support the children? I've recently lost my job and we are not relying on just his income alone. Any help you can give I would greatly apprcte.

 

[Ambr]

http://www.acf.dhhs.gov/programs/cse/fct/sp96_az.htm

there is contact information at the bottom of the page. the income of both parents should be used when establishing a support order. no income was used for mom or was it a reduced income because of her student status?

i would push that she is capable of making an income and have set examples with her education level and skills or jobs in the area that she could be working and "potential income" status. then have then balance it from there.

there are usually periodic reviews of support orders - usually every three years or so, but either parent can request a review. of course, if his income has gone up it will reflect that as well.

the child that you have with him isn't really a consideration on his support order for the first child. in the eyes of the court his first obligation should be to the first child, then to the second. (thinking that he should not have had more children if he could not afford to take care of the first. don't mean that in a sassy way, hope you are not offended.)

 

[cubby]

Ambr, thank you for your reply. No offence was taken. We thought long and hard before having our little one. At the time we could afford it. And we never thought of even having the CS modified until I lost my job (6 months ago). We tried living on his income alone but we're finding we just can't. Thanks again on your input regarding the ex's "potential" income. I never knew you could do something like that. Hopefully that will help.

One more question, if you don't mind, I've been told that, according to AZ law, we will have to come up with a dollar amount to show how much it takes to provide for our 2 yr old. Would you know what type of itmes would be included in that figure? For example is house payments something that would be considered?

 

[cubby]

Sorry Ambr, forgot to answer your question. No income was used at all for my husbands Ex.

 

[daniel123456]

amber is absoulutly right the courts do state that a person knew of their financial obligations,before they decided to have another child.i am now in the process to end this so called defense of the states,and i am confidant,that the us.supreme court will affirm my causes.based upon,what i will assert to them that has no other precedence,or questiond before.the incomes of both parties are required,but those rules are not always followed.nor are your rights to contest amounts always allowed by the administrator,of certain agencies,first sign,that you think your rights have been shortend,in any way,you should contact the regional administrator for that department,they will then launch an investigation,on your behalf.that sometimes is the only choice,that one will have,it also will help to contact your local representitive.i am not an attorney,please advise one in your area,in your home state.good-luck,friend