Legal Question in Family Law in Arizona

Last month my lawyer told me that my child support case had been closed. Because of all the lies my ex wife had told, she had received a lot more money than she was suppose to; my wages were garnished. Well finally my lawyer tells me that the case is closed and I don't have to pay child support on my daughter anymore. While my my attorney is waiting to get the paper signed by the judge for my my workplace, my work still holds the child support out of my check every week until they have proof that they can stop garnishing my wages. Today I go visit my lawyer to see if the paper had been signed and she tells me that the case is still open but instead of paying $124/ week I only I have to pay $66/ week until my daughter graduates in May 2011. Plus, instead of getting the $3600 paid back from ex wife, she only has to me $1726. So basically, they tricked me into agreeing to it by telling me that I wasn't going to have to pay anymore, and now that the judge has signed everything I know what I really agreed to. What do I do?


Asked on 11/16/10, 4:40 pm

1 Answer from Attorneys

Debra Palomino PALOMINO LAW FIRM, P.C.

Child support, including the duration of your obligation, should be spelled out in your divorce decree. Typically, child support does not stop until the child is 18 or has graduated from high school. Since you have overpaid, I would question whether your attorney was simply trying to negotiate a stop order.

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Answered on 11/22/10, 9:04 am


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