Legal Question in Family Law in Arizona
child support arrears forgivness
i have paid my back child support consecutively for 2 years now and the, not to mention the last 2 years tax returns together have totalled $7,000 + . in addition to my monthly support payment one extra payment a month for the back support in the amount of $163.01 has also been paid. the state of arizona sends out an amout owed statement once a year, as well as pennsylvania both show conflicting amount. And my total and report shows a much smaller figure.
So how do we go about resolving the back balance?
How can we lower the current monthly support payment? Now that he has more dependants?
1 Answer from Attorneys
Re: child support arrears forgivness
There may or may not be merit to your claim of overpaying your child support. Interstate cases have the potential for added problems and making sure you are credited with all payments. I would recommend you contact your local child support office. See the state DCSE website to look up your local Child Support Office. http://www.de.state.az.us/dcse/default.asp Ask your local Child Support Office for an �ARCA report.� In some counties the Clerk of Court prepares them, in other counties the Child Support Office does the report. This report should show a month by month accounting of the amounts owed (principle, interest & fees) and any payment as it is applied to principle, interest & fees. This would be an Arizona accounting. You should, also, request copies of all the interstate paperwork that the Arizona Child Support Office has received from Pennsylvania. If Pennsylvania shows a lower amount owed, Arizona should recognize or consider you own the lesser amount from out-of-state. I would recommend you get independent documentation of all the money you�ve paid. Put together a folder or box to keep all this information in, and keep all the information until you know the debt is paid (usually when the youngest child turns 21). First, obtain all your employer withholdings. Second, get documents showing the amounts of each year�s tax intercept. Third, go to your local Clerk of Court for the Superior Court and request a certified payment record, which will cost you a fee of around $18. Then you can compare your payments with what the Child Support Office has credited for you and the ARCA payment history. If there are discrepancies, most child support offices will review the matter and do a proper crediting. Keep in mind that you have to be very clear in describing any discrepancies, just telling them their numbers are wrong won�t get you anywhere. I usually work in Southern Arizona, but the accounting process in the same statewide, so I would be able to consult with you. You may want to gather all the paperwork, review it, and hire a local attorney. Good Luck.