Legal Question in Family Law in Arizona

2 Child support orders being inforced at once

In Oct. The state of Calif. started garnishing my brothers check due to a support order out of Calif. at the request of Arizona. Because my brother was residing in CA, AZ asked them to obtain and enforce the order. My brother was going to be taking physical custody of his daughter on Thanksgiving. We contacted them and because of the change in circumstances CA asked us to provide some info.

1. Send school enrollment papers to prove physical custody.

2. Have the mother sign a letter dropping her case against him, and any arrears he may owe her.

That left him owing roughly $5000. in welfare in AZ.

In Dec, after submitting all of this info, CA dropped everything except $142.00 a month for welfare arrears.

We then found out that starting Nov, AZ had was on wage assignment from the exact same order and when CA stopped current and arrears AZ picked it up.

Now AZ is withholding the entire amount and CA is withholding welfare arrears. AZ will not accept the same documentation as CA. MY brother now has his daughter and between CA and AZ taking his money he can not afford to pay rent. The daughter has been here in Texas 2.5 months.


Asked on 2/10/02, 12:25 pm

2 Answers from Attorneys
Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: 2 Child support orders being inforced at once

Your brother needs to contact an Az attorney regarding this matter.

Read more
Answered on 2/11/02, 8:34 am
Rich Peters R. J. Peters & Assoc., P.C.

Re: 2 Child support orders being inforced at once

It appears that The Arizona Court simply needs to be informed of what has occurred in California. This should be a simple process involving phone calls and/or letters (so long as the Orders re: custody and support have been properly modified b California). You are correct in assuming that 2 states should not issue 2 different Orders of Assignment for the same child support order.

Please call me directly if you wish to discuss our assistance in this matter. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Read more
Answered on 2/11/02, 6:02 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona