My ex-wife and I went to court in February of last year. We share 50/50 custody of our two sons. She took me to court for child support, but the judge ruled in my favor, ordering her to pay me a small amount. She was also supposed to cover 51% of medical expenses, but has only paid about $100 total. Now, she hasn’t worked in 5 months since having a new child and her live-in boyfriend pays her bills. She wants to take me back to court for child support. Does she have a chance of receiving child support now that she chooses not to work? I’m consulting a lawyer next week, but I’ve kept all receipts.
Arizona assumes she can make at least the minimum wage and bases child support on that. You can use the child support calculator on the supreme court’s website.
If she is capable of making more than minimum wage, they’ll go after her if you push it. It happened to a cousin of mine.
Also, DES will go after her for not paying child support. They can garnish wages and tax returns.
My ex was ordered to pay and then quit because she didn’t want to pay anymore. She’s now 23k behind.
In general, courts don’t care if you voluntarily quit. You still have to pay what you were ordered.
If you lose your job due to no fault of your own, it’s viewed differently. Courts frown on willfully being unemployed.
In my case, the court imputed her income based on her work history. She doesn’t pay but that’s how they calculated it.
In my area, you’d argue that she should have imputed income.
Theoretically, the court should note that she’s chosen not to work and not give her support. But courts can be weird.
My ex quit his job to open a business and the courts ruled against him for child support. You can’t just quit your job.
In Arizona, you need to wait 2 years to ask for a modification, but a substantial change can allow a yearly one.
She won’t be treated favorably since she’s in a domestic partnership. She’s still responsible for the children.
File a petition to modify the support order. Request that the judge impute income to her since she’s choosing not to work.
It depends on the judge. My husband pays a fortune for an ex who doesn’t work by choice.
You can request a judge to impute income to her based on her work history. She still owes past-due support.
I’m going to consult a lawyer to see if it’s worth it since I cover most expenses. I just don’t want to pay her money because she chooses not to work.