Filed for CS and almost all info changed

[futurestep-mom_AZ]

State is AZ

Joint legal with Dad primary residential

Mom no visitation unless supervised and agreeable to Dad

Under direct order from the judge my Husband filed for CS in mid-June, even though the judge said he did not believe mom would ever pay the Judge told us to file.

We did, had mom served and got a Court date. That was the easy part.

Now more than 2 months later a lot of the original info in the Petition has changed.

Mom no longer has her other child and in AZ you get a deduction of Gross income for that. Our child care costs went down a little and my husbands income dropped a lot (he had just gotten a new job when we filed but the employer neglected to tell him he would have to be in FL 2 weeks home 1 week and so on, so he could not keep that job.)

Mom has not/will not work in 3 years. She has held many positions and has some higher education. So we attributed an income taking 6 most recent jobs. We entered all 6 jobs into a salary finder in her town and used the lowest for each (jobs vary from Dental Assistant to secretary) and came up with what averages to about $10.75 an hour.

Questions

1. Should we send a revised Child Support Worksheet in advance to the Court or just bring it with us. the actual amount we are asking for only changed about $50 but how you get to that amount changed a lot.

2. Does this method of determining earning capacity for attributed income seem solid? Is there a better way. (I know the ARS allows for attributed income in circumstances that ex does meet).

3. Any other suggestions?

Thank you in advance.

[socrateaser]

>Questions
>
>1. Should we send a revised Child Support Worksheet in advance
>to the Court or just bring it with us. the actual amount we
>are asking for only changed about $50 but how you get to that
>amount changed a lot.

You can file a supplemental declaration explaining what has happened and include a new worksheet. Or, you can just bring the new worksheet with you and testify to the changes at the hearing.

>2. Does this method of determining earning capacity for
>attributed income seem solid? Is there a better way. (I know
>the ARS allows for attributed income in circumstances that ex
>does meet).

The method seems reasonable, however, you need something to demonstrate that the evidence you are offering is competent. That is, without some detail as to exactly how this salary site arrives at its conclusions, your evidence could be objected to as being without sufficient foundation. Generally, you need a vocational evaluator to testify to the parent's earning capacity. But, if she's not represented by an attorney, then your evidence will be admissible unless your opponent objects, and she won't know that she can object.

>3. Any other suggestions?

Nope. Sounds like a big waste of time. I'd just file for contempt and ask the court to put her in jail for a few days. Then, I'd just keep on doing that until hopefully she decides that it's easier to work and pay support.

[futurestep-mom_AZ]

Both parties are Pro Se

On the paper for the Salary Website it explain that it takes the info from public record, survey and some info regarding certain careers from the IRS (I gues that is why there is a low, medium and high amount listed) We averaged all the lowest.

I don't really know why we do it either, except that the Judge told us in the last review hearing that she should be "held at least financially responsible even if you will never get a dime out of her" as you can see he has as much faith as we do. personally I think he just wants the oppurtunity to throw her butt in jail b/c she keeps slipping through the cracks on small criminal issues.

Thanks for the advice on when we could bring up the change you wait so long for a hearing and prepare for it only to find out you did something wrong and have to start all over. Been there and done that.

One more question...

This judge dose NOT grant motions for default judgements when the respondent fails to answer/respond (she has never responded/answered one complaint/petition) but we just found out she has not been heard from in 10 days and missed a criminal hearing today (misdemeanor paraphenalia charge). Should we just go to Court and if she doesn't show just ask the judge to proceed with the hearing?

Thanks again

[socrateaser]

>This judge dose NOT grant motions for default judgements when
>the respondent fails to answer/respond (she has never
>responded/answered one complaint/petition) but we just found
>out she has not been heard from in 10 days and missed a
>criminal hearing today (misdemeanor paraphenalia charge).
>Should we just go to Court and if she doesn't show just ask
>the judge to proceed with the hearing?

Yes, tell the judge that you understand that he doesn't like to issue defaults, but that you would like to proceed without the other party on the merits of the case.