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Including Income From a Second Job in Child Support Calculation

Posted on : April 19, 2016, By:  Christopher Hildebrand
Including Income From a Second Job in Calculating Child Support.

Including Income From a Second Job in Child Support Calculation

In Arizona, the decision of the court to modify parenting time will often result in a modification of child support as well. In the unpublished case of Ballard v. Ballard, the Arizona Court of Appeals must determine whether the trial court erred in modifying child support without a modification request from either party, as well as other relevant legal factors pertaining to this particular case.

A Brief Summary of the Case: Ballard v. Ballard

Since the couple’s divorce in 2008, Blair (Mother) and David (Father) had been co-parenting their child. In September 2014, Father left his full-time position in Arizona to pursue part time work in Ohio. Citing Father’s relocation, Mother filed a petition to modify existing parenting time and child support. The evidentiary hearing was set for May 2015. The two parties came to an agreement adjusting parenting time outside of court prior to the date of the hearing. The agreement stated that Father would be responsible for 100% of the minor child’s costs to travel to and from Arizona to Ohio for parenting time with Father.

The family court approved the parenting agreement. The only item to be addressed at the evidentiary hearing was the request for modification of child support. After hearing testimony from both Mother and Father, the court ordered Father to pay $232.04 in monthly child support to Mother. Father appealed.

Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
A Google User
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20:31 20 Sep 17
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
A Google User
A Google User
21:41 07 Nov 17
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Google User
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14:58 04 Oct 17
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
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16:03 22 Nov 17
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
A Google User
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22:14 28 Jun 17
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
A Google User
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18:16 18 Sep 17
Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
A Google User
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19:22 23 Aug 17
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
A Google User
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17:44 23 Jun 16
I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.
Bassam Ziadeh
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21:20 02 Apr 18
I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.
Larry Flint
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21:53 27 Feb 18
Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus.Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend.Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face.I highly recommend Chris Hildebrand @ Hildebrand Law, PC.
Sam Franchimone
Sam Franchimone
22:09 12 Sep 13

A Single Argument Presented on Appeal: Error in the Calculations

Including Income From a Second Job in Child Support Calculation.

Including Income From a Second Job in Child Support Calculation.

On appeal, Father presents only one argument; that the family court erred in its calculations awarding Mother child support. The child support award was be reviewed to determine if the trial court judge abused his discretion. Father argued the family court erred in using his “historical” income, rather than his current income, to calculate child support. The Arizona Court of Appeals disagreed with Father holding that the family court holds the discretion to take into consideration when calculating a child support obligation whether or not someone is unemployed or working below their full earning potential.

When calculating child support in a case where the noncustodial parent voluntarily reduces his or her income, the court decides whether to use the current income or prior income for the calculations. The court attempts to identify the reasonableness of the decision to reduce the income, whether or not the decision was made in good faith and how the reduction in income affects the child. In this instance, the appeals court finds that the record supports the family court’s decision.

Father also argued against the inclusion of pay from a second job in the child support calculations, but the appeals court again supported the findings of the family court as it is in the trial court’s discretion to do so when the additional income has been historically earned, is expected to continue in the future or does not require an extraordinary work regimen from the parent. The Father’s situation fulfills all three requirements leaving the second income within the court’s discretion to include in the child support calculations.

The appeals court also found no error in the family court’s use of the child support guidelines effective July 2015, the inclusion of Mother’s childcare expenses or not crediting Father for travel expenses. In Conclusion, the Arizona Court of Appeals found the record supported the family court’s decision and affirmed the trial court’s child support order, as well as Mother’s request for attorney’s fees.



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