Surprise, AZ asked in Child Support for Arizona

Q: how can I stop child support if I am recovery of two heart surgeries?

I want to know what is the procedure to stop my child support payments to the court , I had two heart surgeries , the first one Nov.1, 2017 for repair of one heart valve and the second one at Nov. 17th ,2017 for Cardiac Arrest for use of Coumadin treatment I had all my medical record from the Hospital and letter from my Doctor excusing of work , I don't have short disability yet cause I was working with a small company and I have to find how to do it for myself.

I did not pay my child support December 2017 and January 2018 and I have worries of get order of arrest or get a big bill to pay. what can I do ?

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2 Lawyer Answers
Randi Sirlin
Randi Sirlin
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: While I cannot give you legal advice, I can provide you with legal information to help you.

You need to file an Emergency Petition to Modify Child Support and include the reasons why you need a Modification. You should do this immediately.

Can you end up in jail if the other party requests a civil arrest warrant. You can order an official arrearage calculation with the Court and find out how much you owe. If you are in extremely poor health (for example, bed-ridden) you are not likely going to be put in jail.

You SHOULD immediately start making payments, even if they are extremely minimum (for, example, $25 per month), because it may keep you out of jail and it shows you are making a "good faith effort" to comply with the child support order.

John R Gaertner Jr
John R Gaertner Jr
Answered
  • SCOTTSDALE, AZ
  • Licensed in Arizona

A: You need to file a motion to modify child support immediately. If you do not the present orders regarding child support and the wage assignment will remain in full force. Waiting any longer is a big mistake!

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