What to do if Iwas ordered by the court to pay $1,771 for both child support and spousal maintenance but last yearI only made $20,000?

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What to do if Iwas ordered by the court to pay $1,771 for both child support and spousal maintenance but last yearI only made $20,000?

Can the amount past due expunged and modified to the amount what I currently make?

Asked on October 20, 2011 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is very unlikely that you can get the past due amount changed, even due to hardship, though you may be able to work out a payment plan or schedule that you can meet. It is possible that, on a forward-looking basis (i.e for the future) you can get the amount modified IF you can sufficiently prove to the court that it is simply impossible for you to meet those payments. You will need to bring a legal action to do this, and you will need substantial evidence of your mandatory minimum expenses, of your salary, and of your earning potential--i.e. if you just a had temporary dip in income, or if you *could* be earning more but are chosing to not do so (for example: I know an attorney voluntarily working as an editor at a nonprofit company; he is choosing to earn much less than he could), then you are unlikely to get a modification.


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