Legal Question in Family Law in Arizona

Child support

I have been legally separated for 2.5yrs. We are in a chp.7 bk. I wanted a chp. 7 bk. fresh start. My husband has been paying the mortgage, $750.mo. The bk payments went up to $800.00 x 26 months and he is demanding me to pay $400.mo./mortgage payment. I have a 17yr.old daughter. I work f.t.and attend college for my B/A.teaching cred. Last year my husband made $72,000. I made $13,000.00 My request for an emergency child support hearing was denied due to BK, I was not allowed a hearing to explain our incomes. My husband just said it was not financially feesable for him. My salary drops dramatically during the summer months, education, non teacher, not paid year round, but I do find some work. Please help, I have a car payment, utilities, food, gas, mortgage, etc. A child support payment has never been made by the courts. When he walked out I had 2 minor children, now just one. Both of us are in our 50's.


Asked on 4/29/07, 7:10 pm

1 Answer from Attorneys

Jeanne Whitney Whitney Law Office

Re: Child support

First, do you have a Legal Separation through the courts or just an informal agreement? If it is a court order, the terms of the order are in effect until a court says otherwise. CHILD SUPPORT: If you don�t have a case open with DES/Division of Child Support Services, you need to get one opened. It is a FREE service for anyone. Check online at for the office near you. You can find the application off the same page. They will use a variety of means to collect the support you are entitled to & if you get a case open before the youngest child leaves High School, they will help collect any back support. You should mention to them that a Child Support Modification would be appropriate, but I don�t know the turnaround time for your local office. They need to get a modification before the youngest child is emancipated. HOUSE PAYMENTS: A lot depends on what the court order says. He�s bound by the terms of the order, but so are you. If you need to request a modification of the separation agreement or take the relationship to the level of a divorce, you can hire an attorney, represent yourself, or see if you qualify for assistance from Legal Aid . People represent themselves all the time. Check out the forms and directions at the Maricopa County Self-Service Center . If you don�t live in Maricopa County, just change the title to the county where your case is, most courts in Arizona will accept the paperwork. I work in southern Arizona, not in Phoenix, but I could help you prepare your paperwork to represent yourself in court, for a fee. Good Luck.

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Answered on 4/29/07, 11:01 pm


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