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I have a question for an Arizona Law Family Lawyer regarding…

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I have a question for an Arizona Law Family Lawyer regarding child support modification. The state has added 7000 in arrearages to my account and need some advice. Have asked the question, but no response.
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Answered in 8 minutes by:
12/6/2017
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,723
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and does not constitute legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can. What can I answer for you?

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Customer reply replied 8 months ago
Ok. I just went down to the state child support office after seeing that they have an arrearages balance of $7000 in my account!
It all got paid off last year. I went to the office and the worker told me that since my ex wife filed for a modification, they discovered that when the case got transferred into arizona 3 years ago, the state attorney at the time made some kind of mistake.My question is, how do I go about requesting access to all of the files and calculations that the state has done and really even the law they can use to reopen a closed case.
thanks

You'd want to start with the most basic approach - asking to speak with a child support office staffer and seeing whether they'll go over what was done with you. If you meet with a brick wall that's when you would file a motion for modification or recalculation on the basis of error. That would be the only way to get access to that kind of information if the office will not give it to you.

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Customer reply replied 8 months ago
I did meet with the office staffer on my case. She is the one that told me about the state Attorney deciding to put the arrearages in there and wanting to take the whole case back to court. Since my ex filed for modification, I am having to fill all that modification paperwork out too!

You would make the argument that judgments of other courts are entitled to FULL FAITH AND CREDIT and there's no basis for a recalculation of a prior court's order - unless a calculation mistake was made, there was some fraud, or things like that.

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Ot​herwise, it just creates a mess. Litigants have to be able to rely on judgments as final when they are meant to be. There's no basis for a court reopening sua sponte, past the deadline another court's judgment.

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Customer reply replied 8 months ago
According to the staffer, that is what the new state attorney is claiming....there was a calculation mistake. Which is odd that they can do that, but I cannot. So, I can file a motion to see exactly what the basis of the state attorneys case is though?

Y​ou could file a motion seeking enforcement of the prior court's order and they would need to respond with their explanation for why the amount should be calculated. And then you could explain why it makes sense to proceed with the alternate calculation (your ex never objected, you relied on that, etc.). Please let me know if I've answered your question. Could you please take a moment to check the box stating that I answered your question (assuming you don't need any clarification - but definitely ask if you do!) so that I receive credit for working with you. It doesn't cost you anything extra and it allows me to get credit for helping you.

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Customer reply replied 8 months ago
Sounds like a plan. Where do i check the box?

T​here should be a little box with stars on your end :) 5 stars is always appreciated :)

Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,723
Experience: Partner at Kent Law Group, LLC
Verified
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