Legal Question in Family Law in Arizona

Re: Payoff of child support

I'm not sure I can offer a clear answer to your question. The court generally will not allow pre-payment of child support. Until your child is emancipated, child support is modifiable, so theoretically, the amount you owe now might not be the amount you owe one year from now. Plus, if you "overpay" your child support, the additional payments will be considered gifts, and will not affect your continuing support obligation.

If your child support is by wage assigment (which most are), there is no effort on your part to continue making your payments. You might also consider setting up a separate account with an automatic debit feature so the payment gets sent from a pre-deposited lump sum each month, and you still earn interest on the balance.

Another possibility is to enter into an agreement with your ex. If you come to an agreement regarding the total amount of future support to be paid (you might have to offer a bit extra to "sweeten the deal"), you can give her that amount in exchange for a child support modification in which your obligation is agreed (deviated) to zero.

I don't know if any of these options fit your intentions, but if I can provide further assistance, please don't hesitate to call.

Monica Donaldson

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