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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38601
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My ex and I were married in Mich. in 83 then moved to Arizona

Customer Question

My ex and I were married in Mich. in '83 then moved to Arizona and were divorced in 1994, with child support ordered and full custody of our 4yr old son and 11yr old daughter granted to me. My youngest just turned 22yrs old and my daughter is 29, he made approx 6 payments in 1994, then quit his job and stopped paying, and in 1995 decided to move back to Mich. I heard he was working "under the table" at odd jobs and never pursued any legal action regarding child support at the time. He has recently moved back to Arizona and is employed with a large company and my question is if I have waited too long to try and collect any back payments at this time.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Based on statutory authority you still have potential time to pursue. Under A.R.S. § 25-503 the statutory length of time you have to pursue is at the end of the 3 year period from emancipation of last child. Consequently if the support was based on your last child receiving benefits until 19, you still have time under Arizona law to pursue him for past arrears. Here is the actual statute for your review so that you can check for yourself:

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00503.htm&
Title=25&DocType=ARS

Good luck!

Customer: replied 1 year ago.

I just read your answer from 2009 ( Iforgot I used this website before) and you suggested lawyer since I was pursuing a collctions claim and not a support claim, is that right? I was at DES to try and open this case back up and they said I waited too long since youngest child is now 22yrs old, I should have opened this last year when it was still 3yrs past him turning 18yrs.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up. Goodness, I did help you in the past. Thank you for returning and allowing me to assist you again.

I did suggest an attorney since this would then be a collections claim. You already have a support order in place from before, all you need to do is to pursue it. Well, if the order granted you time to collect until the child was 18, then they are correct as the law puts a 3 year statute of limitations on collections. Some child support orders go to 19, some to 18, and if your order was based until the child was 18, you did indeed end up waiting too long to pursue this. I am terribly sorry about that.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38601
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

one more question, the child support order doesnt specify age, 18 or 19 yrs old for termination of support payments, so for arizona is it automatically 18?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

 

one more question, the child support order doesnt specify age, 18 or 19 yrs old for termination of support payments, so for arizona is it automatically 18?

 

Under Arizona law, child support is provided until the child turns 18 or finishes high school, as that is considered the child's emancipation. If the child is still in high school when the child turns 19, the support continues until the child turns 19.

 

Good luck.

 

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Dimitry K., Esq.
Dimitry K., Esq.
Lawyer
38601 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.