Tucson, AZ asked in Child Support for Arizona

Q: Calculating days for child support, do we use actual parenting time or time according to our original plan

My ex wants to modify child support- We divorced 5 years ago and at that time we agreed no support was owed either way. He now wants support- he is making less and has another child. Parenting plan gave us 3.5 days each exactly

In 2019, we informally modified our schedule. Our child is with me 4 days/wk, 3 days w father (accommodating ex schedule). Ex argues that we never modified with the court, so we must use 3.5 days- 182 days ,rather than our real time. Is that correct?

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1 Lawyer Answer
Paul Ylvisaker
Paul Ylvisaker
  • Sierra Vista , AZ
  • Licensed in Arizona

A: You cannot modify parenting time order informally. The original order remains binding until modified by the court. The same applies for child support. If parents cannot reach accommodation on parenting time to present jointly to the Court, you will have to go back to court and present your respective positions and the court will make the decision. An addition to one’s family may be a significant change, as well as other factors used in the calculation. Given the amount of time between orders it is likely that a child support order different than zero will result.

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