Legal Question in Family Law in Arizona

I requested a child support modification in March. The final court date is set for late August. My financial situation has changed quite a bit since it was first ordered. To put it in perspective, I have received $2,000 take home YTD, and paid $6,000 to child support YTD. My last two checks (for two weeks each) have totalled $144 together. I obviously can't live on this and have been borrowing money to even survive.

The money is coming directly out of my check since my employer received the court order from the state. I literally received a check that said "Void - This is not a check" for two weeks of work because of this.

Can this process be expedited at all? I obviously have no problem paying my portion, but I am going to be homeless by the time August comes around.

The new order states that I will be paying $440 per month, whereas I am currently paying $1200 per month.

Please help.


Asked on 6/04/10, 7:56 am

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

I'm not understanding how your employer could take the entire amount of of your check. There is a state law limiting garnishment for child support, etc., to 50 percent or less of a person's takehome pay. It is good that they have revised the order so that you pay less, given that your financial situation has taken a downturn. But you may want it modified again, because you would be unable to live if you pay that much in child support, wage garnishment or no.

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Answered on 6/08/10, 7:36 am


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