Legal Question in Family Law in Arizona
Wondering if this is possible
In 1984 I was divorced,
6 years (from 1984 until 1990) he never paid a dime to raise his children as he had verbally promised to if I would wave child support in our divorce papers.
CS started 8-10-90 @ $440 per month in California (where X resided, at the time I resided in Illinois).
On 4-2-92 X reduced CS to zero without my knowledge arrearage accrued
In 1996, I had child support reinstated @ $585 in the state of Arizona, where he currently resides.
X is now suing me for overpayment and forgivness of arrearages:
motion to terminate CS and order of assignment and set aside CS arrearages,
the court order went into effect January of 1996 the 1st payment was not received until December of 1996 for the amount of $405.00. In 1997 Partial regular payments began, I believed these payments to be for the arrearages owed.� in 1998 and his children were the ages of 17 & 15! X is claiming that I was using latches to gain when the kids reached 18 and is claiming equitable principals so he dont have to pay arrearages... I have a court date Next week and was wondering if you have any input or information that I could use... thankx in advance
1 Answer from Attorneys
Re: Wondering if this is possible
To me, this basically seems like a mere math problem.
Under your description, it is my opinion that he owes the back child support no matter what, PLUS interest.
Thus, it is just a math problem to determine whether what he has paid exceeds what he has owed, plus interest.
I can explain the issues better by phone. If you want to talk about the matter before next week's hearing, please call me directly.
/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