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Question:
Can a child support order be re-evaluated immediately by another judge if one judge refuses to change it?
My husband quit his job to start a small business. It has only been five months since we started the business. We have not made money yet after expenses necessary to start it up. My husband is previously divorced and pays child support. Recently his ex was awarded more time with the child which increased his child support obligation. At the time he made significantly more money than her. Now he does not. In addition to the child support he was court ordered to pay 72% of anything not covered by medical insurance. The increased child support and the 72% obligation is getting to be too much to pay. This order has only been in affect 2 months. Can we request that the order be re-evaluated? The current judge who ruled on the custody refused to hear anything about my husbands money situation.
Answer:
Your husband’s obligation to support his children is based upon his ability to support them, not his actual income.
Your husband knew that he was required to pay “$X” per month in child support when he chose to quit his job and start a new business. He “voluntarily” took a reduction in pay. This is why his child support was not lowered.
There is not an option of having a different judge review the finding as most likely the judge in the case made the correct determination.
To make matters worse, as soon as his new business starts to take off and his income increases, she can file a Petition to Modify the child support and get it raised, again, because his new ability to support his children.
Good luck!
Patrick Sampair
The Sampair Group, PLLC
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To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at Sampair Group.
