Legal Question in Family Law in Arizona
I have ALWAYS paid my child support. My child is over 18 now and the problem I have is I paid the party owed the support directly, I did not pay the court. She always said she needed it now and could not wait ( I was foolish, I know). I have a signed, notarized affidavit from her stating that my support is and was current. The problem is, she is too lazy to go down to the court and get it off the books and let them know I am paid up. I have years of receipts and that signed affidavit, but am still getting letters from child support and I'm worried with the interest incurred etc. I will lose my drivers license or not be able to get a passport. I have been trying to get her to go to the court for a year. What do I do? What can I do on my end to get this straightened out.
2 Answers from Attorneys
Generally, once a child turns 18 no more child support is due. However, it may depend on the terms of the decree or agreement - sometimes it will extend beyond the age of majority if the child is a full-time student, at least for a few years. Otherwise it should abruptly end at age 18. You can ask the court to issue a formal statement that the child support is to stop and require that she show proof of receiving payment. She cannot lie to the court or withhold information from the court unless she wants to risk contempt and a possible fine and/or jail time.
Why do you think you will lose your driver's license or not be able to get a passport? You're not in arrears, are you?
Well, best of luck! Let me know if there's anything else I can do for you.
1. You should provide a copy of her affidavit and other proof with DCSE.
2. If they continue to pursue you, you need to file her affidavit and the other proof with a request that the Court determine your child support to be current.
We can certainly help you consider and then pursue your options.
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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ 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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