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LegalEase
LegalEase, Lawyer
Category: Family Law
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Experience:  Experience in handling divorces, custody issues and child support quandries.
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I currently have my wages garnished for child support for my

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I currently have my wages garnished for child support for my 2 daughters. One just turned 18 in December and will be graduating high school in May. The other will be 18 in November, graduating high school next May (2013). The divorce and child support were finalized in the state of Arizona (Yuma County). I currently live in NC, my daughters and their mother live in MA.

How do I get the child support for my oldest stopped when she graduates high school or turns 19 (and then for the younger one to stop when she graduates/turns 19)? My conversations with the child support folks have really not gotten me any answers other than "contact a lawyer" and a lot of attitude as if I'm trying to get out of paying. I just want to be sure that it stops when it's supposed to.

Also, my employer does not have any "stop date" on record, so my understanding is, from the Arizona child support folks, that it will continue indefinitely unless I do something to initiate the stop at the appropriate time (graduation or 19th birthday?). I just need to know what to do, what forms to fill out, etc.
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalEase replied 2 years ago.
If there is no stop date listed directly on your record, you may need to file a modification to your current support order to have the Judge judicially take notice that your child is now over the age of 18 and/or graduated and that your order should be modified.

You don't necessarily need an attorney to do this, however, if you're dealing with an out of state order, it might be worth it to hire somebody to handle the modification. In theory, it should not be difficult because your child's emancipation is a very valid reason for ceasing to pay support.

In about April, I'd contact an attorney in AZ and see if they will work with you. I think it's highly possible that this change could be effected without you even having to appear in court. This is a routine process no matter what state you are in.
Customer: replied 2 years ago.
How do we file a modification to the current support order? Is there a form online that we would just fill out/mail in? Then appear in court if needed? Would that need to be done for both children, or could I do both at once with separate stop dates?
Expert:  LegalEase replied 2 years ago.
Arizona does have several forms online that you can use if you want to represent yourself. You can find them here: http://azcourts.gov/selfservicecenter/SelfServiceForms.aspx#Family%20Law. You would do one form for each child. Alternatively, you could also modify the order to clearly state that child support stops immediately upon your children turning 18/graduating, which ever is later.

You might need to make one appearance in court in AZ if you were to not use an attorney.
Customer: replied 2 years ago.
It doesn't appear that any of those forms have an option to stop payments permanently ... only to adjust amounts. This is the one that fits best, XXXXX XXXXX no where to say that child support payments should cease because the child is over 18 and graduated: http://azcourts.gov/Portals/34/Forms/RequestforCSMod5-16-11.pdf

Or would we "adjust" the amount to half when the first child drops, and "adjust" to zero when the second child drops ... and indicate the reasoning on http://azcourts.gov/Portals/34/Forms/CSW5-18-11.pdf? Can you confirm if that would be the right path?

Thanks for your help with this!
Customer: replied 2 years ago.
Oh and is there a cost associated with any forms that we send in?
Expert:  LegalEase replied 2 years ago.
Yes, you can make the modification in that manner, making sure to input the correct amounts from the worksheet.

I cannot see any fees associated with filing modifications on the Yuma Superior court website. However, I would call the superior court clerk and double check before you send anything in. Generally courts charge a small fee to reopen the case.
LegalEase, Lawyer
Category: Family Law
Satisfied Customers: 897
Experience: Experience in handling divorces, custody issues and child support quandries.
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