For those ordered to pay child support, remember that non-payment is serious.
If you lose your job or your income goes down, you should immediately file for a reduction in child support; if granted the reduction will be retroactive to when you filed.
If you fail to file and just hope your ex-spouse will let it go, BEWARE.
If you pay directly to your ex-spouse and not through the court ordered Clearinghouse, Arizona law says your direct cash payment to the payee may be deemed a gift and not for child support. Again BEWARE.
If your ex-spouse says, “just pay what you can and when you get back on your feet, you can pay the full amount,” BEWARE!
Child support arrearages are NOT dischargeable in bankruptcy and DO accrue interest.
Also, the State Child Support Enforcement Agency can intercept your tax refund. The judge can incarcerate you for contempt, non-payment and arrears.
The bottom line: child support can be modified if times are tough, if your income goes down, or your ex-spouse’s income goes up, or when kids turn 18 and graduate. But the modification downward is NOT automatic. You MUST file with the court to protect your rights.
If you have any questions, contact me. We can run a child support worksheet and advise you if you are entitled to a child support reduction. If you receive child support and your ex-spouse is making a lot more money, you may be entitled to an increase in child support.
Call us and BEWARE!
Attorney Profile: Paul S. Rowley, Arizona Child Support Lawyer
They were recently married, had a reality TV show “Ev and Ocho” on TV in the works, Dolphins wide receiver, life was good . . . . . . . or maybe not.
Ochocinco has been arrested for domestic violence after head butting Ev. The Dolphins terminated his lucrative contract, Ev has filed for divorce, and the reality TV show is cancelled. What happened?
Apparently Ev, found a receipt in her husband’s car, which led her to discover that Ochocinco, who she just married July 4th, had allegedly been unfaithful.
Chad has pled not guilty, was released on bail, and is innocent until proven guilty. There are always two sides to every story. Chad says Ev head butted him first.
Interestingly, the argument between the two occurred while seated in their “Smart Car” parked in their front yard on the grass.
Have you ever seen a smart car? I am surprised Ochocinco (6’ 4” tall) could fit in a Smart Car.
Whatever the truth is, the lessons we can learn from this are helpful:
- Never harm your spouse. Physical abuse is unacceptable.
- Control your emotions. Regardless of wrongdoing, physical violence is not the answer.
- Be faithful to your spouse.
- If you leave a receipt in your car for your wife to find that implicates you in inappropriate contact with the opposite sex, don’t sit and discuss it in your Smart Car – not really very smart at all, is it?
- Have a good attorney on your side, whether it be for the divorce or the criminal charges.
- Make sure you have a prenup if you have assets and second marriage.
This is truly an unfortunate reversal of fortunes and opportunities.
We wish Ev and Ocho the best.
Maybe thru some intensive counseling, outside help and lots of good friends and family support, things will work out for both of them.
Unfortunately, for now though, because of their choices, it is time to lawyer up!
Attorney Profile: Paul S. Rowley, Arizona Divorce Lawyer
Add to that financial issues and it can become very contentious.
Acrimony increases when spouses argue over what is His, Mine and Ours in the divorce.
If you have assets or a business prior to marriage or inherit assets during the marriage, before you comingle, consider the legal ramification. Contact your lawyer and discuss option.
“An ounce of prevention is worth a pound of cure.”
Should you have a prenuptial agreement, separate trust, LLC or post marital agreement, better do it now than later or there could be an expensive dispute later.
I have had many clients who tell me, “my wife said she would never go after my business” or “my husband agreed when he gave me this new Lexus and 4 carat diamond ring that it was all mine.”
Later when they divorce, the spouse has selective memory.
So, better safe now then sorry later. Get some good legal advice from a qualified divorce and family law attorney. Call me at (480) 833-1113, I can help.
Attorney Profile: Paul S. Rowley, Arizona Divorce Lawyer
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Lessons on How Not to Act Like Charlie Sheen (If you want to keep custody of your children) | Child Custoday Lawyer in Mesa Arizona | Paul Rowley
1. Be faithful to your spouse.
2. Be careful where you leave your golf clubs, especially after your wife discovers your infidelity.
3. Be honest with your spouse. She should be able to read your text/email messages without reservation.
4. If you are getting married and have a high net worth have your spouse sign a prenuptial agreement. Arizona is a community property state where assets accumulated during the marriage are jointly held absent a valid prenuptial agreement.
5. If you cheat on your wife and she demands to modify the prenuptial agreement in order to stay married to you, you both need counseling. ie “I will stay married to you for $20 million dollars deposited into my separate account.”
6. What is the first thing you do after you discover your husband is cheating-Call your lawyer.
7. Don’t take ambien and vicodin before you drive.
8. Don’t leave your house at 2 a.m and hit the driveway fence, fire hydrant then a tree and say your wife bashed in the back windows of your Escalade to rescue you.
9. If you are worth $600 million dollars and you have multimillion dollar sponsors, maintain your reputation, act and live your life so people will admire and trust you and will buy the products you endorse.
10. Don’t believe everything you read from the media; we weren’t there and we don’t know the real story.
In closing, any tragedy like Tiger’s recent events is hard on anyone and especially Tiger and his family. Hopefully the Woods family can work through this and learn from it. Children and spouses are innocent victims. Let’s don’t be judgmental or critical. Let’s wish them the best and learn from this experience.