Phoenix, AZ asked in Child Support for Arizona

Q: My ex claims I owe him money. Our child support agreement is pretty straightforward in saying I must pay for child care

I am court ordered to pay for child care but our daughter hasn't gone to day care in over 2 years. I still send money because she's my daughter. I've recently had a change of finance where I cannot work full time, therefore I cannot send as much. The court order hasn't changed and states both parents can afford our child independent from child support. My ex tells me he wants $500 a month. I cannot afford to send that. With our court order being so specific, and our child not going to any kind of child care, do I still legally have to send him money? Not morally, because of course i will as I'm her mother, but legally?

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1 Lawyer Answer

Randi Sirlin

  • Licensed in Arizona

A: While I do not know all of the particular facts in your case, I am not able to provide legal advice, however, I can provide you with information.

In most cases in Arizona, you will need to file a Petition to Modify Child Support. Payments made to the other parent, without being through the support clearinghouse and/or not court ordered, can be deemed to be a gift. However, an attorney can assist you if that comes up in your case.

I recommend contacting an experienced family law attorney to assist you.

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