Legal Question in Family Law in Arizona

Re: Unpaid child support after age 18

I'll try to answer your questions in the order presented.

First, the child support obligation continues until emancipation (the child's 18th bday or until high school graduation, WHICHEVER COMES LATER). If your son doesn't graduate until next year, the support obligation still exists.

In order to get a judgment, you have to file enforcement papers with the court. You cannot call - you must actually file the papers with the clerk of the court.

This is a different judgment than your $30000 judgment, but it operates in a similar way. The judge can order that his wages be garnished. Also, with child support arrears, the judge can hold him in contempt and have him put in jail.

You are entitled to seek your judgment until 3 years from the date of emancipation.

I would not wait to begin enforcement proceedings - the longer you wait, the more he will owe, and the longer it will take before he repays you.

If you would like to discuss these matters further, please contact my office for an appointment. (480) 732-9200

Re: Unpaid child support after age 18

It is necessary to file a Petition to get the Judgment. You cannot do so by phone. You might want to wait until after the child turns 18 AND graduates high school. However, you should then proceed rather quickly, in order to commence collection. Once you obtain the judgment, it never goes away (unless paid, of course).

I can explain the procedures better by phone or in person. 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 Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com