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Is there are time frame when I can no longer collect overdue…

Customer Question
Is there are time...

Is there are time frame when I can no longer collect overdue payments?

Lawyer's Assistant: Family law varies by state. What state are you in?

I live in Utah. However my son lives in Arizona and my court case as setting in Maricopa County, Arizona.

Lawyer's Assistant: Have you talked to a lawyer yet?

Not exactly. I am represented by an Arizona lawyer but I don't want to use his services unless I absolutely have to, and even then I may reconsider with a different lawyer. There a few details that may be help to understanding my unique situation. Can I give them to you?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. Just to understand my situation: During the year 2015-2016 (before my new Order and Ruling was finalized) I was paying $680.80 per month based on my military pay, but after the new parenting time was set my payment amount was also reduced to $280.80 per month. During that year period 2015-2016 I was still paying $680.80 but was not making hardly any money. The overdue amount is roughly $4,000. It is important to note that I was ordered to pay my ex-spouse overdue payments plus interest from the time of our separation till the date that our divorce was finalized. Now the table have turned. What can I expect? Can I expect interest as well for time not payed to me?And most important can you help me understand AZ law 25-527 concerning child support; overpayment; reimbursement (listed below). It is not clear to me what defines 'termination.' Is termination when my son turns 18 and the all oblations are met or does termination mean once the orders are clear and disputes are terminated? 25-527. Child support; overpayment; reimbursement
1. An obligor whose obligation to pay support has terminated may file a request for reimbursement against the obligee for support payments made in excess of the amount ordered. The obligor must file the request with the clerk of the superior court within twenty-four months after the termination of the obligation.
2. The court may enter a judgment for reimbursement against the obligee if the court finds that the obligor’s obligation to pay support has terminated and that all arrearages and interest on arrearages have been satisfied. The court shall send a copy of the judgment to the department or its agent for title IV-D cases.
3. The obligee must pay the judgment directly to the obligor and not through the clerk of the superior court or the support payment clearinghouse.
4. A judgment entered pursuant to this section does not constitute a support judgment and is enforceable only in the same manner as a civil judgment.

Submitted: 7 months ago.Category: Family Law
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Answered in 11 hours by:
9/26/2017
Family Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,665
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

Your Questions:

Is there are time frame when I can no longer collect overdue payments?

Response 1: Under the circumstances, no.

What can I expect?

Response 2: Your excess payments to be reimbursed. Otherwise, you have to file complaint with the Court against the other parent to force that parent to pay.

Can I expect interest as well for time not payed to me?

Response 3: Unfortunately, no because the Arizona Statutes that you cited do not provide for the interest payments under the circumstances.

And most important can you help me understand AZ law 25-527 concerning child support; overpayment; reimbursement (listed below). It is not clear to me what defines 'termination.' Is termination when my son turns 18 and the all oblations are met or does termination mean once the orders are clear and disputes are terminated?

Response 4: When the child has reached age of majority (18) for the child support to stop.

Best wishes,

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Thank you for your cooperation.

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Category: Family Law
Satisfied Customers: 21,665
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Experience: B.A.; M.B.A.; J.D.

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