What constitutes child support to be modified?

[onmytime]

What is the name of your state? AZ

I just received the recommendation amount for child support last week and already my ex has filed a Request for Judicial Determination / Request for Hearing. From what I understand that means that he is requesting a modification to be made to the support amount that was just ordered. His attorney told him to pay $460 dollars a month until we got things settled. Over a years time, some months he paid something and some months he nothing. According to the recommendation he is $3538.46 in arrears. The recommendation order has ordered him to pay $674.89 in support and $50 for the arrears bringing the total to $727.14. It turns out that there was an error on the recommendation because only $40 was figured for daycare when the amount entered should have been $500. So the child support will increase after my atty submits the correct figures to get this corrected. My ex makes $82,000. I make 32,500 per year. I am moving home with my parents the end of this month. I am trying to buy a house and did not want to sign another lease. I plan to stay at my parents for 8 months to a year. I sent my ex notification by certified mail to let him know when we were moving and our new address (still in same state, same distance). He later called me and said I was committing fraud and he wanted to know where his child support money was going. That comment threw me for a loop. He thinks since I'm moving home and will not have $800 for rent that I'm cheating him. I will be paying my parents something for rent, of course not $800 though.

My questions are:

1. On what basis can he request for a new child support order to be changed?
2. Does me moving back home make a difference as to the amount of support to be paid?
3. Does the court take into consideration individuals bills and debts?

 

[username43]

I don't think the fact you are moving back with your folks will or should factor in . The court doesn't figure in the ncp-spouse/girlfriends income.Why your parents? As long as they don't have custody their income is no ones business,nor is any thing they contribute to the childrens welfare.
How much you pay for rent isn't considered in Missouri child support calculation,not sure about AZ.

 

[BelizeBreeze]

1. On what basis can he request for a new child support order to be changed?

Change in circumstances in which, moving back with your parents could be considered a large change.

2. Does me moving back home make a difference as to the amount of support to be paid?

That is up to a judge

3. Does the court take into consideration individuals bills and debts?

no, child support is for the support of the child. While YOU may have bills, the money is intended to aid you in supporting your child. That doesn't mean that rent, utilities and food can't be included in the determination as they directly benefit the child.
However, your night out with the girls, your new car, and other incidental won't be considered.

Also, Arizona has a formula for determining support. Part of that formula is child care. If your parents are going to be watching Jr. and he won't be in daycare then you need to adjust for that.

It will be best if you sign a rental agreement with your parents and pay them by check so you have documentation.

And get used to the idea that your support might be less.

 

[LdiJ]

What is the name of your state? AZ

I just received the recommendation amount for child support last week and already my ex has filed a Request for Judicial Determination / Request for Hearing. From what I understand that means that he is requesting a modification to be made to the support amount that was just ordered. His attorney told him to pay $460 dollars a month until we got things settled. Over a years time, some months he paid something and some months he nothing. According to the recommendation he is $3538.46 in arrears. The recommendation order has ordered him to pay $674.89 in support and $50 for the arrears bringing the total to $727.14. It turns out that there was an error on the recommendation because only $40 was figured for daycare when the amount entered should have been $500. So the child support will increase after my atty submits the correct figures to get this corrected. My ex makes $82,000. I make 32,500 per year. I am moving home with my parents the end of this month. I am trying to buy a house and did not want to sign another lease. I plan to stay at my parents for 8 months to a year. I sent my ex notification by certified mail to let him know when we were moving and our new address (still in same state, same distance). He later called me and said I was committing fraud and he wanted to know where his child support money was going. That comment threw me for a loop. He thinks since I'm moving home and will not have $800 for rent that I'm cheating him. I will be paying my parents something for rent, of course not $800 though.

My questions are:

1. On what basis can he request for a new child support order to be changed?
2. Does me moving back home make a difference as to the amount of support to be paid?
3. Does the court take into consideration individuals bills and debts?

I disagree with the answer that you got from Belize. I also believe that the fact that you are moving in with your parents is irrelevant. I have yet to have heard of a case, in any state, where remarriage, cohabition, or moving in with family has reduced child support. I suppose that its technically possible in CA, due to their method of calculating support....but you aren't in CA you are in AZ.

I don't believe that AZ takes any expenses (bills and debts) into consideration. I think its a basic incomes shares formula. I think that CA is the only state that takes some expenses into consideration. (hence CA being the only state I can think of where it might be technically possible for support to be reduced).

You certainly aren't committing any kind of fraud...LOL.

 

[onmytime]

Change in circumstances in which, moving back with your parents could be considered a large change.

Just to tap into your thoughts a little bit further I don't understand why moving back with my parents would affect my support. Let me explain futher. I am moving back because I am in the process of trying to buy a home. This move is temporary, which maybe I should have explained. When I sent my ex the certified letter I stated in the letter that we would temporarily be residing at my parents. This is not a permanent situation. Let me pose this question and please don't take it as me being a smart a$$ but I am curious as to what you think. Once I get my house and my mortgage is more than my rent would I take him back to court?


Based on when we went to expedited services for child support the only thing they took into consideration was how much we made and if we had any other children. I guess I'm just a little frustrated because I feel like my ex wants me to have to depend on him and he doesn't want me to do any better. He owns a home and obviously makes a lot more than me. I would like to buy a home too but why should I be penalized because I have family support to help me get ahead.

Thanks to everyone for the replies.

 

[onmytime]

Change in circumstances in which, moving back with your parents could be considered a large change.

no, child support is for the support of the child. While YOU may have bills, the money is intended to aid you in supporting your child. That doesn't mean that rent, utilities and food can't be included in the determination as they directly benefit the child.
However, your night out with the girls, your new car, and other incidental won't be considered.

Just to clear things up I asked the question does the court take into consideration your bills because my ex keeps crying that he can't afford to pay what they are asking. He says that he has a lot of bills, mortgage, car note etc. that kind of stuff and I told him that didn't matter because if we calculated bills he would be paying more than $700 if they took in consideration my student loans. LOL

 

[LdiJ]

Just to clear things up I asked the question does the court take into consideration your bills because my ex keeps crying that he can't afford to pay what they are asking. He says that he has a lot of bills, mortgage, car note etc. that kind of stuff and I told him that didn't matter because if we calculated bills he would be paying more than $700 if they took in consideration my student loans. LOL

No, AZ DOES NOT take bills into consideration. Its income, children, heath insurance (for the kids) and daycare expenses.