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    coolguy79's Avatar
    coolguy79 Posts: 9, Reputation: 1
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    #1

    Apr 9, 2011, 02:54 PM
    Fathers child support obligation when mother of child is married and doesn't work
    What are my rights in child support issues in Arizona? I the father am the custodial parent, and primary residential parent. The mother of my child is married to another man and does not work or support herself. I the father pay $135 a month in support. Am I still obligated to pay child support?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 9, 2011, 03:50 PM

    When were you awarded custody? Was support ordered because the mother has the child for a significant amount of time? Or was support ordered before you became the primary custodial parent? If so, did you go to court to modify the custody orders?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 9, 2011, 03:59 PM

    Was this from the court order using proper state calculations as to how it is figured.

    Even if you have primary custody and the main parent, often if the other parent has the child enough days, and has no income, the custody parent will still have to pay support

    My very close friend last year, got custody of his son, but still paid 400 dollars a month support since the non custody parent had the child enough visit days and no income
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Apr 9, 2011, 04:29 PM

    You can ask the courts to impune income to the parent if they are refusing to work and have by choice gone into an alternate lifestyle. If they worked before they can base the figures off that for the purpose of calculating child support.
    coolguy79's Avatar
    coolguy79 Posts: 9, Reputation: 1
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    #5

    Apr 9, 2011, 07:11 PM
    Comment on Fr_Chuck's post
    The current support order is from 2008 in the state of Arizona, it was by the required guidelines, we have joint legal custody, equal 50/50 parenting time, week on week off. We both get 182.5 days a year. At the time child support was calculated I was making a lot more money than I am now, and she wasn't married and had a job. Since that time she has gone to school while on state assistance and unemployment, and now her husband makes all the money, so she doesn't personally finance any of our child life, her husband does. Also, I'm a soldier in the National Guard here in AZ which sometimes takes me out of town or out of the counrty for training, and often during my weekends of parenting time. I make arrangement s with her to take our son, cause it is the right thing to do. She never allows me to have the time back even though she is required to. I address it in court to no avail, because the order refects my time with my son regardless if its excersized or not.
    coolguy79's Avatar
    coolguy79 Posts: 9, Reputation: 1
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    #6

    Apr 9, 2011, 07:20 PM
    Comment on ScottGem's post
    It has always been joint legal custody. Since 2008 its been joint legal custody, with equal parenting time 50/50.. week on week off schedule. Support has changed accordingly over the years, and the last time calculated at the time 50/50 became effective, I made twice as much money as she did. Well, I don't make what I made in 2008-2009 and she doesn't work at all. She went to school while receiving state assistance and unemployment benefits. She personally does not financially contribute to our sons life, her husband does. I understand $135 is awesome for support, however I pay for everything and still get asked for money. I did a simple recalculation on our states form (AZ) and it reflected she would owe me $115 a month. And I used my income now and hers from 2008.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Apr 9, 2011, 07:38 PM

    First, if you have a follow-up question or info, please use the Answer options, not Comments. There is no need to repeat the same info to each respondent.

    If circumstances have changed, then you go back to court and file for a modification.
    coolguy79's Avatar
    coolguy79 Posts: 9, Reputation: 1
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    #8

    Apr 9, 2011, 07:50 PM
    Mother is alienating bio father because she thinks her husband is a better fit
    I was never married to my child's mother, and she is working on her second marriage.. we have 50/50 parenting time, joint legal custody... things have been quiet for 3 years, but now that our kid is 7, he wants to play sports. Fine by me, I am his baseball coach. Hoewver, on her visitation weeks, on non-baseball related days our son has been racing bmx, and I knew nothing about it. Now he wants to be with her more, because then he can race every week, thinking I won't take him if he wanted to go. I wasn't involved in any decision making in this and I believe it should be a joint decision, nor am I paying for it. But it does directly affect his welfare because racing bmx bikes is extremely dangerous. My 10 year old nephew has bee racing for 3 years and has borken his hand, arm, leg, and dislocated his shoulder twice. So, my son, his mom, and her husband have a secret sport, and she refuses to tell me where it is. My son doesn't know he is still young and isn't totally aware of where places are. Is this a way of alienating my child awat from me? If so what can I do about it?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Apr 10, 2011, 09:52 AM

    You go back to Court and request a more specific Order concerning decision making and your son.

    If the money is a concern, request that that Order also be modified.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Apr 10, 2011, 10:12 AM

    This person obviously has issues - time to close - ?

    Meanwhile he has custody of a child?

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