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Nov 29
1999
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Ask a Lawyer: Modifications of child support based on underemploymentPosted by Dads Divorce in voluntary , under , taxes , support , Property , Maintenance , IRS , income , employment , Child Support , child , car , AZ , Ask A Lawyer |
Question:
My ex of a year and a half has filed for a modification of child support. When we were divorced, she was making $13 an hour, she has since then been fired from two jobs and quit another with the same or more pay. She has now taken a job for a considerable pay cut as she decided to go back to school full time and work part time. Now she tells me it is my responsibility to make sure that she can provide for the kids. Is this right? Also, in our decree my ex was given a car and I took the truck. About six months ago she decided to drop the car off at my house and go buy a new one. The car was in my name but was bought during our marriage and declared to her. She will not pay for the difference on the car for what I sold it at and what we owed, even though she was responsible for the car ($100 per month). Last but not least, we had a combined debt to the IRS. Written in our decree was that she was to make 33% ($60 per month) of the monthly payment, which she now says she can not afford.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Arizona. Her modification is weak as she has voluntarily decreased her income. You can pursue the other issues in a Motion to Enforce for her to do the terms of the Decree.
