Legal Question in Family Law in Arizona
My ex-husband has to pay child support in arrears excess of over $7k,for not paying for a year. I
took him to court for the motion to enforce child support. He now has it sent up on a third party
The Clearing House) to receive the payment. His employer of the body shop he worked at, had
the payment taken out of the paychecks. However the body shop uses Wells Fargo Payroll dept.
to disburse the paychecks. They held the money for about 2 months. Once I realized that I had no
deposits for child support I started to look into it.I was told by my ex that they were holding the
money per his boss. I have since Dec. 2010 have incurred several late and NSF fees every month
since. I am currently un-employed for the past year and a single mom of two struggling to make
ends meet. I have had to sell a lot of my jewelry I have had all my life., Along with several other
things. Electricity, water, phone, Internet, tv, and car insurance have all been turned off at one
time or another because of this problem. I have tried to obtain the info for Wells Fargo Payroll
rep they work with, but every time I talk to Pat the mgr, he always gives me the same response of
I told Tom and he is the one with info call back next week. So another week passes. I am still
behind at least 1 month for the bills because of it.I don't feel or believe I should have to pay these
fees.Since I did nothing wrong. Also, I didn't think the Body Shop was responsible as they did
their due diligence is taking it out of his check. I want to sent them a request for Reimbursement
of Funds Letter first to request a check to be cut in the total fee amount. At this point I still have
no money, but I feel I will need a lawyer. What should I do? And is the employer or Wells Fargo
held responsible for the even further hardship it has caused on me and my children? What can I
do? Please help!
1 Answer from Attorneys
We can help you pursue Dad for arrears. BUT, HE IS NOT likely going to be liable for nsf fees and such. In SOME circumstances, the employer can be sanctioned. We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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