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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17482
Experience:  B.A.; M.B.A.; J.D.
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I wondering on how to deal a child support past bill of

Customer Question

I wondering on how to deal a child support past bill of $66,770 dating back to 2000 as a result of a child support order in Arizona. The order was for $266 a month for 3 children but at the time I was unable to work as my work visa had expired. The children were 18, (born 1982), 15 (born 1995) and 11(born 1987). The youngest is now 29 years old. I just received the bill for $66,770. It looks that the bill continued to increase even after the children reached the age of emancipation plus interest. The mother has no interest in collecting child support and ready to tell the court I do not owe her any money. She however got help with school payments when the kids were younger (before the order was in place). How can I have the bill dismissed or reduced to the time of the emancipation of the youngest child (2005)?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: No. I now have a green card and remarried.
JA: Has anything been filed or reported?
Customer: No. You mean any orders or petitions in court?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am now 66 years (in 3 days) old, a cancer sarviver and unemployed.
Submitted: 1 month ago.
Category: Family Law
Customer: replied 1 month ago.
The state of AZ has sent a tax levy to IRS (a year ago) and a week ago to MA state. My income last year was about $10,000 and no refund was due me, nothing to intercept. However, I will soon qualify for some social security benefit of about $750 monthly and I am afraid they will garnish it or go after my little savings I have in my savings account.
It seems the AZ state did not have a judgement in place by last year (10 years after the younger child was emancipated in 2005) according to A.R.S. & 25-320 (E) and (F). Youngest child graduated from University 4 years ago. Can I have the amount due recalculated? Can I have a judicial appeal? Can I have the whole obligation barred by time according to section (F)? Reduce the bill by removing interest and payments that occurred after the year of emancipation of the youngest child in 2005? Call me (John) at(###) ###-####if you have questions.
Thanks! John
Expert:  Phillips Esq. replied 1 month ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

Hello John: You need to go back to the Court that issued the initial Order and ask that the amount of support owed be recalculated by filing Application for Recalculation of amount owed. If your ex-spouse is willing to forgive the amount owed, she can also appear in Court and tell the Court that. However, you are responsible for paying back the amount the State paid on behalf of your children.

As for your Social Security benefits, if the Court orders that you are still liable for part of the arrearage, your Social Security benefits may be garnished up to 50%. You have to let the Court know that the garnishment of the benefits would be an undue hardship to you.

Customer: replied 1 month ago.
There was no judgement order until after 10 years after the last child was emancipated. Wouldn't this be enough ground to bar the state of Az (barred by time) to enforce the order of collection against me according to A.R.S. & 25-320 (E) and (F)? You comment on this!
Expert:  Phillips Esq. replied 1 month ago.

There was no judgement order until after 10 years after the last child was emancipated. Wouldn't this be enough ground to bar the state of Az (barred by time) to enforce the order of collection against me according to A.R.S. & 25-320 (E) and (F)? You comment on this!

Response: Yes, it would be if conditions for continuation of the Child Support have not been met. So, you can cite that Section as the reason to waive the arrearage in its entirety.

http://www.azleg.gov/ars/25/00320.htm

"E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:

1. The court has considered the factors prescribed in subsection D of this section.

2. The child has severe mental or physical disabilities as demonstrated by the fact that the child is unable to live independently and be self-supporting.

3. The child's disability began before the child reached the age of majority."