Legal Question in Family Law in Arizona
Oral Agreement with Ex-Wife - Please help!!
My ex-wife and I have joint custody of our 13 yr old daughter.We've been divorced for over 10 years now and it's been quite the uphill battle.Last May my ex kicked our daughter out of her home and she came to live with us. She stayed with us for 5 months.My present wife and I also have 2 boys.My wife and I sat down with my ex and explained that we have no problem with her living with us but we just cannot afford to support her AND continue to pay her child support.My ex told both of us that she would return the child support each month to me.None the less we never saw a dime.I NEVER even asked for support from her, just that she give back the money that I was paying her.She took her back in October.Tonight I was served with papers saying I owe her $1240 in child support! She said from the dates 12/21/05 to 2/5/06 she didn't receive child support. We had agreed before I started my new job that I didn't have to pay for a few months so we could get settled and it would go towards the money she ''owed'' me. Now she's threatening to have me arrested!! Do I have any legal recourses here? Also in these papers it clearly states that the child support should be $208/mo. I'm not a math genius but $208 x 3 months isn't anywhere near over $1200
1 Answer from Attorneys
Re: Oral Agreement with Ex-Wife - Please help!!
Typically, this waiver of child support on her part can be enforced if it was in writing or otherwise admitted. There is also caselaw in Arizona that you could argue that allows payment of child support through a different method, by agreement (i.e. you paid your support by actually supporting the child rather than paying Mom). This is a creative argument, but may work.
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 Alicia to schedule a free 1/2 hour consultation.
/s/ Rich J. Peters, Attorney
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R. J. PETERS & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602x254x7251
602x254x1229 (facsimile)
see our web page at www.familylawaz.com
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