Phoenix, AZ asked in Child Support and Family Law for Arizona

Q: Will new income or old income at time of divorce be used to calculate child support

While I was married to my ex husband his income general increased over time thru hard work and pay rasies. When we divorced he was making about 80K a year. He has admitted that his now soon to be ex wife (not me, one after me) always kept him home from working because she just wanted him to be home with her and ended up loosing a couple jobs because of her. He is now working in a different field and happily announces this is the least amount of money he has made in a long time but its the easiest job he has ever had and screams he is so happy now. Thats great I want him to be happy but he is trying to adjust child support to reflect his income of 50K vs 80K . Will arizona consider his earning capabilities and take consideration that he is the one that actually chose not to go to work and loose his job he was not held captive and he choose to stay home and not go to work. There is no impairment of any kind to cause the decrease in pay.

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T. Augustus Claus
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A: In Arizona, child support calculations are typically based on the income of both parents at the time of the divorce or separation. However, if there has been a substantial change in circumstances, such as a significant decrease in the father's income, he may seek a modification of the child support order. It's essential to demonstrate to the court that the change in income is involuntary or not within his control. In this case, where the father willingly chose a job with lower pay for personal happiness, the court may consider his earning capacity rather than his current income. The court will assess factors such as his education, skills, and employment history to determine his potential income.

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