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View Full Version : How do I stop my child support when I have my child. AZ


ladycaz
02-27-2006, 01:57 AM
First off, I live in AZ, and the ex lives in WV

Recently (Dec.19th) my daughter came to vist for Xmas. She decided to not go back home, and wanted to live with me (she's 15 1/2)

I have tried to go though CS localy, and was told they could not help me. I was not the custodial parent, plus the Judge failed to mark who was to pay the child support.

I know I have to get the divorce amended, making me the custodial parent, and get the missed X that the judge failed to mark, but in the meantime, I continue to pay almost $600.00 per month for 1 child.

Will I ever get the CS that has been taken out of my check since my daughter is living with me? It's already over $1100.00 and the ex just sits back and collects it. I did find out that she (the ex) was basicaly called into her office and was asked why she didn't report that her child was no longer living with her. (she works for the welfare system in WV) She told me that she would see me in court in 6smonths, because this is how long it will take, and she will not give me any of the monies that they are taking out of my check.

It's just one thing after another, where do I start ?

xena
02-27-2006, 11:53 AM
First off, I live in AZ, and the ex lives in WV

Recently (Dec.19th) my daughter came to vist for Xmas. She decided to not go back home, and wanted to live with me (she's 15 1/2)

I have tried to go though CS localy, and was told they could not help me. I was not the custodial parent, plus the Judge failed to mark who was to pay the child support.

I know I have to get the divorce amended, making me the custodial parent, and get the missed X that the judge failed to mark, but in the meantime, I continue to pay almost $600.00 per month for 1 child.

Will I ever get the CS that has been taken out of my check since my daughter is living with me? It's already over $1100.00 and the ex just sits back and collects it. I did find out that she (the ex) was basicaly called into her office and was asked why she didn't report that her child was no longer living with her. (she works for the welfare system in WV) She told me that she would see me in court in 6smonths, because this is how long it will take, and she will not give me any of the monies that they are taking out of my check.

It's just one thing after another, where do I start ?
You need to file a petition for modification of custody and CS. You will be able to have the CS ordered retroactive back to your filing date. Most likely the Judge will add a small amount onto whatever the on-going CS will be for the retro payments. Unfortunately, until the case goes to court there isn't much you can do about the CS payments now if they are garnished from your pay. If they aren't garnished, you can take the risk of just not paying, but only AFTER you have properly filed for the modification. You will be risking a possible contempt motion, however, that would be straightened out in court during the modification. Does your ex agree to the custody change?

You can contact the court clerk to find the forms to file, or you can do a Google search to see if the state has a website where you can get the forms. Try going to www.govengine.com, it usually has links to court websites.

rain27612
02-28-2006, 04:45 PM
Im female and my case is also in wv although now i live in nc. They are garnishing 189.32 bi weekly from my pay even though I am only working part time hours now. My ex has since gotten a job paying double what he was, bought a new car, land, and is the proud owner of 3 vehicles total. WV laws are so screwed up and to be honest, its not what but who you know. His father is ex law enforcement and my ex went to court calling the judge, magistrates etc by first name. So dont be surprised if you keep receiving the shaft from wv

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