Secondary Income inclusion in Arizona

[dennisolson]

I am trying to modify my Child Support. It has been over $900/mo too high for the past few years. It was based on false primary income and $15K/yr of secondary income that I ended up not making anymore (it actually wasn't that high then when she claimed it). I did not have a lawyer at the divorce so I basically took what was handed to me. I have a full time job which I earn a substantial income but her lawyer wants my secondary income again. I sell real estate part time and the past 2 years were substantially higher than when I did it fulltime. This is because last year during the Real Estate Peak 2 of my closest friends decided to buy homes.
The guidelines say that secondary income should not be counted if I am not or cannot be making more at that than my fulltime job. Her lawyer has thrown out some appeal law which I can't seem to find. My lawyer has not said much about it and gave notification yesterday that he is withdrawing from my case (for reasons unknow so far).
Has anyone gone through a similar case. And have they done it with Judge Steven Sheldon?
Thanks,
Dennis

[Sherry1]

a lawyer and ask them this question.  I also suggest you hire a lawyer, even if you can't afford it.  Beg, borrow or steal the money for a decent lawyer.  You got screwed over on CS once already and if you don't get a lawyer to protect your interests, you might be screwed over again for a very long time.  The cost will be much higher then that of a good lawyer.  My DH's case is in Arizona, Graham County.  We had a really good attorney.  You didn't mention what county your case is in.

[dennisolson]

It is in MAricopa County. I have borrowed money from all the sources I have, I have tried to get loans and tapped out my credit cards. I have no assets because she got to keep the house which now has over $220K in equity

[burry]

This is quoted from the Child Support Guidelines in Maricopa County... I am so not a lawyer, but have done a lot of research for myself and my husband in Maricopa County...

"Generally, the court should not attribute income greater than what would have been earned from full-time employment. Each parent should have the choice of working additional hours through overtime or at a second job without increasing the child support award. The court may, however, consider income actually earned that is greater than would have been earned by full-time employment if that income was historically earned from a regular schedule and is anticipated to continue into the future."

My personal opinion and my experience is that unless they can prove that this "extra" income was earned "historically" and will continue... it shouldn't be included in your income for child support purposes. With the housing market leveling off in the valley, I think it would be easy to prove that the high real estate income you may have made in the past few years is not going to continue at that same rate.

That's just my opinion! Thanks.

[dennisolson]

My sentiments exactly. Let's hope the Judge sees it htat way also. Thanks

>This is quoted from the Child Support Guidelines in Maricopa
>County... I am so not a lawyer, but have done a lot of
>research for myself and my husband in Maricopa County...
>
>"Generally, the court should not attribute income greater than
>what would have been earned from full-time employment. Each
>parent should have the choice of working additional hours
>through overtime or at a second job without increasing the
>child support award. The court may, however, consider income
>actually earned that is greater than would have been earned by
>full-time employment if that income was historically earned
>from a regular schedule and is anticipated to continue into
>the future."
>
>My personal opinion and my experience is that unless they can
>prove that this "extra" income was earned "historically" and
>will continue... it shouldn't be included in your income for
>child support purposes. With the housing market leveling off
>in the valley, I think it would be easy to prove that the high
>real estate income you may have made in the past few years is
>not going to continue at that same rate.
>
>That's just my opinion! Thanks.
>