Sierra Vista, AZ asked in Child Support and Family Law for Arizona

Q: Divorce decree states ex wife waives child support but today I received a letter from the state asking for support.

My ex-wife and I separated while she was pregnant and she moved to back to Colorado before the child was born the divorce was finalized(2015) after the child was born. In the divorce decree my ex wife waived child support. Now the State of Colorado has an opened case against me for Child Support. The reason she waived child support was because we had just bought a home in Arizona and both our name were on the loan. I was obligated to remove her name for the loan which I did as soon as possible and took on her responsibility for the loan. I now work 2 jobs just to maintain and stay a float. What should I do?

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: I recommend you seek the advice of a Colorado lawyer. Your wife's waiver of child support is likely not binding upon the State of Colorado. Depending upon your circumstances, you may need to pay child support. You should participate in this process with the help of a Colorado attorney so the amount of support fixed by the Court is correct.

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