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Arrears in AZ - Help!

Started by jimmy76, Oct 02, 2013, 12:09:13 PM

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jimmy76

Just as a side note...my ex divorced me and then moved her student in and asked for CS.  This was years ago.  I paid for a while then just couldn't pay the amount anymore.  Things have changed drastically with a new Wife and child, stepchild and both kids with me.  We have 50/50 but I do have them more than 65%....I never have been a dead beat Dad but I have to survive and if going after their Mom financially is my only option then...?

I owe back CS but no longer and actually never did make the money that the court agreed on.  I was a Real Estate Agent at the time that I went through a divorce because of and during the down turn of the market.  They have already done an audit and froze CS and reduced my payments to $600 / mos, I think after paying off the arrears.  My payment now for back CS is $1025 / mos out of the $2400 / mos that I make (total owed $24000).  I do pay for insurance for the kids as well.  I also have the kids 65% of the time, if not more and pay this amount.  What can I do?  She makes 90k a year and is still asking for CS from my meager $30k / year not counting insurance, gas and a new family.  I am actually on state ACCCHS as well as paying for Med/Dental and Vision... and have been on state support up until recently.  I actually work for the DES / DDD, lol.  I have sent in the needed information to go after her for help but that was over 5 mos ago and have seen no results from the DCSE as of yet.  Should I file a Modification Order and proceed with attempting to collect CS from her?  It has been over 3 yrs since the original order and we still can't seem to stay out of court or agree on anything. 

How can you help or can you?

Thanks!

ocean

When you sent to court 3 years ago, did you have kids 65% of the time then?

You can go to family court near you and fill out modification papers but something needs to change from the last time (amount of time you have kids now, your salary went down since court?)

If you have kids more file papers with the reason "father now has children 65% of the time and would like child support recalculated to reflect the time and salary difference between the parties. Father requests child support from mother (or requests zero child support due to the split time) and input new calculations for activities, health care costs (anything else?) to reflect the differences in current salaries between the a parents".

Then you can negotiate the current support she should owe you for having kids more against your arrears you sill owe her.

Child support is strictly by the numbers so you will owe unless you get a new court order. Faster for you or a lawyer to file the paperwork then waiting for CSE to do it (especially for a parent that owes money and fathers...may not happen, you can try to call them and see why you have not gotten a court date yet after 5 months).

MixedBag

ditto to what Ocean said...