Legal Question in Family Law in Arizona

Ending Child Support

My husband's child support payments are due to end next month. He pays $1400 a month, and the payments are current, and in fact we have already made the payment for April. We know that he must file a petition to terminate the child support, but what will happen at the hearing? His former spouse and two children, (one 22 and one 18) have told us that if we file the petition, they will be at the hearing and that they plan to let the judge know what they think of their dad, how they feel about the divorce, and how the feel about their dad's 4-year marriage to me; they want to ''air their grievances'' and get it on the record. Can you tell me what will happen at the hearing and if the adult children will be permitted to address the court and basically ''trash'' their dad and me. My husband is very upset and considering not filing the petition to terminate the child support since the payments aren't garnished from his payroll - We don't live in the US - so we send the payments to the Court through the Clearinghouse. Thank you.


Asked on 3/19/04, 5:08 am

2 Answers from Attorneys
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: Ending Child Support

There comments are nonsense and have no bearing on this situation. The judge is likely to not hear them at all. In reality, I do not even know why there is a hearing on this issue. If the youngest child no longer should get support then the petition should speak for itself.

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Answered on 3/19/04, 9:43 am
Rich Peters R. J. Peters & Assoc., P.C.

Re: Ending Child Support

IF his paychecks are not being garnished, then there is absolutely NO NEED to file anything. He can simply STOP paying. Then, if Mom for any reason thought that he should continue paying, then she could initiate appropriate action.

IN ANY EVENT, there is NO WAY the children would be permitted to participate in the hearing for any reason (and especially not for the reasons they think they would be there for).

If Father simply wants everyone to be clear that he is stopping payments, we could prepare for him a one page "Notice re: Child Support", which would get filed, copied to the Judge, and copied to Mom. However, again, that is not actually necessary.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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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

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Answered on 3/22/04, 2:55 pm


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