Legal Question in Family Law in Arizona

Wage garnishments for child support & spousal maintenance

My divorce was done in Arizona. My ex lives in AZ and we share custody of our son and she was given primary custody. Currently my wages are being garnished by some sort of clearing house. I have recently taken a job in another state. Do I have to have my wages garnished or can I simply just pay her the amount each month. I am a resposible person and know what is required of me by law adn I do not want to tarnish my record so I WILL keep my payments up.

So if I am tha responsible, is it required of me to go to a clearing house to garnish my wages?


Asked on 2/02/05, 3:12 pm

1 Answer from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: Wage garnishments for child support & spousal maintenance

Legally, you are required to send the Court info as to your new employer, and the Court would then process a new Order of Assignment. However, many payors do not. As long as you continued to make your payments, no-one probably would ever complain. However, you cannot pay her directly!!!! Any payment made directly to her will be considered a GIFT, and would not count towards your child support obligation.

Instead, you need to mail your payments to the Arizona Clearinghouse.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail.

Please call me directly to discuss the specifics of your case.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & 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

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Answered on 2/02/05, 5:26 pm


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