If my earnings go downdue to not working overtime, is that a valid reason to reduce child support and alimony?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my earnings go downdue to not working overtime, is that a valid reason to reduce child support and alimony?

My income just went down by $1,200 per month. I’m paying 2000 alimony and $600 child support a month. During the settlement hearing the judge based my income on 79k. My wages at 40 hours a week would be 64k a year. I told her that I can’t promise the OT wages. She said I don’t see your income going down. Now it has.

Asked on September 13, 2011 under Family Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Changed circumstances such as reduced income would be a ground for requesting a modification of child support and a modification of alimony. 

You should file an Order to Show Cause (court form) requesting a modification of child support and a modification of spousal support.  With your Order to Show Cause, attach your supporting declaration signed under penalty of perjury, stating the facts (reduced income) for a modification of child support and spousal support.  It would also be advisable to attach current pay stubs and a current income and expense declaration.  You will also need to attach a proof of service.  The proof of service verifies the date of mailing your documents to your ex.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are over 18 and the attached documents were sent via first class mail unless specified otherwise to ______________ (name and address of ex) on ______________ (date).  You sign and date the proof of service at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court. 

When you file your Order to Show Cause with the court, the court will set a date for a hearing on your requests for modifications of child support and spousal support.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption