Legal Question in Family Law in Arizona

Modify child support

I pay $300 a month in child support, my oldest is in the Air Force for a year know, my other child is 12. I have been paying $300 a month since the divorce in 1993 and Iam trying to zero out the support. We have 50/50 custidy and the mother makes more money than I do. I submitted the papers to stop of modify wage assignment on May 2, 2003 and had my ex served. She did not respond, I then submitted an

notice for default, She did not respond to that. I then submitted for a default hearing. The court notified me by mail that I had to go thru expedided services due to the fact that my ex did not agree with the papers. I showed up at expidided services today at the requird time, she did not show up. The clerk then told me that the papers they mailed to my ex and had been returned (and they did have the right address) and I would have to reschedule. She had been served at work so they have mail the papaers to her work. my next meeting is on 9/3/03 at 8:00am. Is there anything I can do?


Asked on 8/12/03, 5:35 pm

1 Answer from Attorneys
Chuck Saigh

Re: Modify child support

First of all the hearing should have taken place. She is in Default because she failed to answer your motion/complaint after being served. Make sure so understand and do the childsupport calc. correct. Because it sounds like you have joint custody and the child spends 50/50 with each parent.. I do not know all the facts, but if child is with you half the time and she makes more money she should pay you support. But remember I don't know all the facts and there may be other circumstances. If you need help you can call my office at 480-296-2066.

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Answered on 8/12/03, 6:49 pm


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