Legal Question in Family Law in Arizona
I have been paying $632.00 in child support since my daughter was born. I have recently had a court hearing and was awarded a new parenting plan. The judge lowered my child support to $175.00 per month. He back dated the order for 5 months previous. I continued paying the $635.00 for those five months and i am now overpaid by over $4,500.00. Do i stop paying until my overpayment catches up or do i stop paying child support early close to the end of term?
Thank you,
Travis
1 Answer from Attorneys
You should continue to pay the full amount you are ordered unless there is an order or a written agreement to do otherwise. There are a few "customary" ways that an overpayment like this is handled (some of which rely on the opposing party being cooperative).
1. You could get an agreement from the other party that your payment is either eliminated for about 10 months, or that it is reduced by a certain amount each month until the overpayment is caught up;
2. You could ask the court for a judgment that she reimburse you in a lump sum (which is not likely to be ordered) or in a lower amount each month until it is caught up. Practically speaking, this would have the same effect as reducing your payment rather than having you pay her, and then her pay you;
3. You could ask the court to terminate your obligation a few months early; the only problem with this is that it's possible that your obligation could change again before the end of the term, and that could mess with the schedule.
Either way, I would suggest speaking to the other parent to get her suggestions before involving the court; you may be able to work something out without having a less satisfactory outcome imposed on you.