Legal Question in Family Law in Arizona

Re: Wage assignment - child support

If you are proceeding with a divorce, your case would not require a hearing if you and your husband agree on all terms. Generally, a wage assignment is mandatory after a divorce, and it is one of the documents that would be filed along with the final decree. In addition, once the divorce is filed, you can also file an agreement for temporary child support (to be paid during the time the case is pending), along with a wage assignment at that time as well.

If you are not planning on filing for divorce or legal separation at this time, there cannot be a wage assignment. The employer can't withhold without an Order, and an Order can't be signed by a judge without an underlying case being filed by one of you.

Some employers (those who do direct deposit) can often split an employee's deposit into more than one account. Perhaps your husband could arrange for his employer to deposit a portion of his paycheck into your account and the balance into his. It isn't exactly considered child support (because there's no case pending), but it might help accomplish your goals.