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

Q: If both me and the dad have our own agreement will DES come after him for child support?

This is our first child and the dad has been paying me $100 every month and sometimes extra if he has it. Neither of us want to go to court and just want to keep our agreement while we aren't living together. This is really stressful for us cause we don't know if the state will take any action. Our son will primarily be in my care till he's a little older. The father will see him every week for the majority of days tho. Our plan is to move in together in 6 to 7 months. Will Des still come after him if we have a signed agreement that is notarized?

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1 Lawyer Answer
Jay Hall
Jay Hall
  • Scottsdale, AZ
  • Licensed in Arizona

A: If you or the child receive state assistance, it may try to recover a portion of the funds from the father. Your agreement will not supersede the state's interest. If neither of you receive state assistance, it is unlikely DES will intervene unless one parent requests assistance to formally establish child support.

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