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legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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My wife has left the country with our kids and has cut off

Customer Question

My wife has left the country with our kids and has cut off communication. Am I still required to pay child support if I have no contact or wereabout of her and the children? I can't report it as a crime because the State Department advised me not to because then she will never return to the states and then they cannot do anything through the Hauge Convention.
Submitted: 3 years ago.
Category: Family Law
Expert:  legaleagle replied 3 years ago.

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If there is a court order you are required to comply with that order. But if you do not know where she is, you can not give her your payments.

Customer: replied 3 years ago.
The State of Arizona is already taking the payments out of my pay check for arrears, when my attorney never showed up to court and the original judgment for arrears was over turned because she move to Arizona with out telling me and I was in Washington. Additonal arrears were assed over the past 7 months while I was out of work. Since it is automatically coming out of my check how do I stop it and what would I need to do to show she has cut off contact with me? And would the arrears amount just be frozen until she is contacted or put in some form of trust to be given to the kids when and if they are ever located?
Expert:  legaleagle replied 3 years ago.
Then if there is a garnishment the state is sending the money to her so you will have to continue to pay since the order is still in place. The fact that you do not get to see the children is a separate issue and will not be enough to end your obligation to pay support.
Customer: replied 3 years ago.
They are sending it to a bank account, from my understanding. If it is going to an address don't I have the right to know were they are sending it. There for would I only be paying the garnishment and all future payments stop till she is located? Then I would just pay the state and it would sit there till she surfaces?
Expert:  legaleagle replied 3 years ago.
Yes you can get a court to order the state to give you her address or to get the bank to give you her address so you can serve her with notice to get the children back and deal with the support issue.
Customer: replied 3 years ago.
How would I do that, since they sent papers back to me saying there is nothing I can do because she cannot be served because she is in another country or for this particular issue notifying her is not required. (What is the form called to request this)

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