QUESTION

Do judges in Family Law ever rule against child support /parenting time guidelines posted on County website?

Asked on Feb 24th, 2016 on Family Law - Arizona
More details to this question:
Ex has filed child support modification. This includes child support amount to decrease which I am fine with but also changes his ability to file for both of our kids every 3 years. Currently it is every 5 years he can claim both. Other years we both claim one. I don't want that and am requesting a hearing to keep the tax years the same and agreeing to adjust child support. I am also filing something asking to split Christmas holiday up. Currently whatever parent has them for Christmas, it is also for Christmas Eve. I would like it to be more even so both kids can see both parents for that holiday. I am wanting to know if I stand a chance for judge ruling in my favor or if I should just not request a hearing and let it go. Is it worth the hassle?
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1 ANSWER

Judges rule on the information that is presented to them.  Starting with accurate income, health insurance costs, daycare, parenting days, and other information requested on the worksheet will help the Judge do this.   If the information on the worksheet  results in a significant and continuing change, the Court has the authority to modify the support. Often, that change is defined by whether it is a 15% or more change.   Since the tax deductions are only changing slightly, I am wondering if the change is less than 15%.  If the income percentages are that close, I often encourage and will ask the Judge to keep it equal for both the tax exemptions and payment of non covered medical costs (out of pocket medical bills) because it is easy for both parents to remember.  It makes the math easier, too.   A change in parenting time is a separate matter.  If you only want to make a slight change to holidays, remember that you and the other parent can always agree to make changes, just confirm it in writing.  You may also want to use Court Mediation through the Conciliation Court Services office in Maricopa to address these smaller items.     
Answered on Feb 29th, 2016 at 8:49 AM

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