I am 100% disabled through the VA. I maintain a commissions only job and support my wife and 2 daughters (1 is my step daughter). She just started school in 2014 and now spends all of her school year with us. I pay her health insurance, food, clothing, extra curriculars, etc. I currently send $128 to him every month and he doesn't even have her, nor pay a dollar of get costs. I need the child support changed. Can we get back child support, and what will count as "income" on our behalf. (He is currently doing most work off the books to avoid paying anything)
I'm kind of confused by these facts. Who is "he" and why are you sending him money? Are you still married, or re-married? Can you clarify some of this so we can better assist you?
DISCLAIMER If you found this answer helpful, please mark it as "helpful" or as the "best answer". If you'd like to schedule a consult, please call my office at 602.396.7668. This answer is general information only. The information presented should not be construed as formal legal advice, nor as the formation of a lawyer/client relationship. I am an Arizona attorney and can only really speak to Arizona law. Please consult an attorney in your state for specific answers. Please refer to Avvo.com's terms and conditions.
It sounds like the child in question is your wife's from a previous relationship. Your disability benefits should not be attributed to your wife's income when calculating child support.
If your wife is formally establishing child support (meaning that there is no existing order), she may be entitled to retroactive support depending on the specific custody arrangement. Otherwise, if she's seeking to modify an existing order, she probably won't receive any back support.
I hope this answered your questions. Please take advantage of a free consultation with a family lawyer if you need more information.
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Your income DOES NOT count when the court calculates your wife's income for purposes of setting child support in her case with her ex. Your wife needs to retain an attorney to change/modify child support if there are changed circumstances that make it appropriate to do so in her case. It appears as though there are changed circumstances, if the child now resides with you and her mother. Father's income can be set by his actual income, estimated income to him or attributed income to him. His bank records, credit card statements, and tax returns will have to be obtained and reviewed during the proceeding to aid in establishing Father's income. Your wife's case appears complicated and involved, so I would suggest that you and your wife set up a consultation with an attorney to discuss this matter in greater detail. Your wife's options can be explained to you and her during the consultation. Good Luck
DISCLAIMER: John R. Gaertner is a family/divorce attorney licensed in the State of Arizona . If you'd like to schedule a consult, please call my office at 480-991-6646 or E-Mail me at gaertner.law @gmail.com. This answer is general information only. The information presented should not be construed as formal legal advice, nor as the formation of a lawyer/client relationship. I am an Arizona attorney, practicing in all courts throughout the state, and can only really speak to Arizona law. Please consult an attorney in your state for specific answers. If you found this answer helpful, please mark it as "helpful" or as the "best answer". Please refer to Avvo.com's terms and conditions.
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