Tucson, AZ asked in Family Law and Child Support for Arizona

Q: Ex may have overpaid child support by $11984. Do I have to pay him back? If so, all at once? Or is that now "credit"?

Also, I read something about court being able to take into account his "earning potential"... based on his education and experience, he should/could still be in financial management with a good salary, 401k, health insurance, etc. etc. Now don’t have any of that, and he’s looking to modify because he says he’s broke. But truth is he's a deadbeat and doesn't care and isn't motivated to get the kind of job he had when we married and decided to have kids. Any recourse here?

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1 Lawyer Answer

Randi Sirlin

Answered
  • PHOENIX, AZ
  • Licensed in Arizona

A: The answer to your questions is, "it depends."

Regarding an overpayment in child support, if you ever received services such as AHCCCS, food stamps or the like, the State may not require you to pay that back.

While I can't tell you whether you will have to pay it back, I can let you know that, in 23.5 years of practice, I have yet to have someone have to pay back child support. However, that is only in my experience.

I sugguest you contact someone at the child support division to get a better answer to your question.

Regarding your second question, it is another, "it depends," as I do not have all of the facts regarding your ex. However, you can certainly ask the Court to attribute to your ex the income he has historically made.

Nothing in this response is intended to be legal advise.

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