Nice try but no.
The Arizona Child Support Guidelines paragraph 5(E) states, “If a parent is unemployed or working below full earning capacity, the court may consider the reasons. If earnings are reduced as a matter of choice and not for reasonable cause, the court may attribute income to a parent up to his or her earning capacity.” Additionally, the paragraph states, “[i]n accordance with Arizona Revised Statutes Section 25-320, income of at least minimum wage shall be attributed to a parent ordered to pay child support.”
A.R.S. 25-320(N) states, “[t]he court shall presume, in the absence of contrary testimony, that a parent is capable of full-time employment at least at the applicable state or federal adult minimum wage, whichever is higher.”
So, for example, if you used to have a job making $50,000.00 a year and you voluntarily chose to stop working, the Court may attribute you $50,000.00 a year in income for child support calculation purposes.
Additionally, at a very minimum, the Court will attribute minimum wage income to you unless you have some sort of condition that prevents you from being able to work.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
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