Pending Court Date...Almost ALL info has changed

[SMURFEELAW]

What is the name of your state? AZ

My husband is Pro Se and joint legal with my hubby being primary residential parent.

Mom has NO visitation, except supervised and at my husbands' discretion.

AZ is shared income model for CS. (I think that is what it is called takes both incomes into account.)

Filed for CS in June. Had mom served. Got a Court date. Easy enough so far.

Here is the problem.

My husband had an income a lot higher when he filed in June. Job turned out to only be available in FL (we were not about to ask the Court to let us move, besides we didn't want to)

Mom does NOT work has not, will not. Attributed income of an average of 6 professions she has been in. Have web print outs of average pay for these 6 positions in her Town. Range from Dental assistant to Secretary. Took the lowest of each position added them together divided by 6 and came up with what breaks down to about $10.75 per hour.

Mom has allowed other child (not my hubbys' and there is no Court Order regarding this other child) to live with maternal grandma since the original file which will change moms income and percentage.

I carry insurance on the child in this matter. We pay Child care of about $170 per month.

Okay here are my questions.

How do we go about submitting the changes?
1. Dad's change in income
2. Mom no longer having a deduction of Gross income for other child
3. the child care changed when we could not get the child into the
program we originnally thought we could (actually a little lower)
Do we file before the Court date? Bring the new CS Worksheet with us and address it there.

All in all the amount requested only changes about $50.00 but the way you get to the amount requested is VERY different.

One last question?
Is anyone familar with Attributed income over minimum wage?
Although the statute states that a judge may under certain
circumstances (which the ex fits all) I was wondering how often it
happpens.

Any advice apprecaited. If you need anymore info let me know.

 

[rmet4nzkx]

If she only has supervised visitation and doesn't test clear and doesn't exercise what visitaiton she has, why not petition the court to move if she virtually has no relationship with the child? Do you really expect that she will pay child support? Permission to move might be a part of the custody case in case future opportunities arise.

 

[SMURFEELAW]

I wish we could petition to have her rights terminated. In a heartbeat I would adopt. But my SD loves her mom and she needs her so we keep trying to help mom with incentive to see her child. I know it is probably a lost cause. We know that mom will never pay. Even the judge knows she won't in our last hearing the Judge told my husband to file for support and he will go back to Oct. 2004 and added; "not that it will make a difference this woman will never pay a dime, but she should be held responsible." So we are going through the motions.

As for the move, it is not what we want to do right now for our family (even with better money oppurtunity). Plus my mom moved me that far from my dad when I was young and it was hard we accept that this woman is in our lives b/c she has a right to her child and more importantly the child has a right to her mother (it doesn't mean we won't protect her but we want to keep up some sort of visitation for when and if mom ever does make it back to the land of the living).

Should we send the changes to the Court in advance (we are 200 miles away) or just go into the hearing with the new worksheet?

Any advice on attributing income.

If she has arrearages it is much, much harder to get custody and although we want mom better and able to exercise unsupervised visitation someday, we do not want to lose custody either. She is our life and we worked and work very hard to get my SD through this. Taking her away from us at any point would make it impossible to live 200 miles away and not go insane.....

Thanks again