Legal Question in Family Law in Arizona

Re: Back Child Support

If ythe child support is owed to the other parent, only the other parent has the power to forgive a child support arrearage. She may be willing to do so in exchange for some type of lump sum payment.

If the child support is owed to the state because the custodial parent received public assistance, the state has the power to forgive na arrearage but rarely does so.

Child supoprt obligations cannot be modified retroactively. If you disagreed with the child support order it was incumbent upon you to appeal the decision at thet time it was entered. By not appealing, the child support order stands. It is non-bankruptable. If you do not pay, the state may garnish wages, forfeit tax refunds, file liens, revoke licensnes for work requiring a license or revoke driver's licenses. Under certain cirfumstances, long overdue child support may also be considered a criminal offense under federal law. You may wish to review the article on our web site entitled "Deadbeat Parents Punishment Act."

A judgement that is owed to a custodial parent lasts indefinitely. If the Judgement is owed to an agency, it must be renewed every 10 years.

Re: Back Child Support

Whether that amount can be modified depends upon several factors. How recently was the judgment entered? Was it correct when entered? There are ways to "set aside" erroneous judgments, but you must take steps very quickly after the judgment is entered.

Otherwise, it is sometimes possible to "cash out" the other parent with some reduced lump sum. This is entirely at the discretion of the other parent, but it is sometimes easy to convince them that a lump sum now is preferable to small payments over the next many years.

This obligation is non-dischargeable in bankruptcy, and basically lasts forever.

Please contact me if you have further questions.

/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