Legal Question in Family Law in Arizona
Child Support payments were never sent to the clearinghouse but were directly transferred to ex-spouse bank account. The ex is now claiming (nearly 4 years later) with the state after filing for food stamps that she has not received any payments. She has stated to me that any payments she received were gifts. I suppose this is her way of trying to validate she has not received any payments. Fortunately no direct cash payments were given and all payments are tracked through my bank account as a wire transfer to hers. When she no longer had a bank account, I opened up accounts for my children and transferred money into those accounts which she drew from. The state is coming after me for back child support from the date of the court order 2007. I wish to challenge this and provide the courts with my details. How likely is it that I will get credit for the monies paid to my ex wife? Is she correct is taking the position that my payments were not child support but gifts? After all, why would I pay her directly if knew I would assess fees with the state and not get credit. ...again do I have a good chance of getting credit or will this become a drawn out legal/court battle because I didn't pay through the clearinghouse?
1 Answer from Attorneys
Arizona law does create the presumption that any payments NOT made through the clearinghouse are gifts. BUT, THAT PRESUMPTION IS REBUTTABLE "by a specific evidentiary showing to the contrary". It sounds like you do have that evidence.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
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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