Phoenix, AZ asked in Child Custody, Child Support, Divorce and Family Law for Arizona

Q: If I take full custody of my kids will my ex wife pay child support even if I have arrears

I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move out of my old apartments because I not resigning or going to co Sign for her I want to go to a 5-2-5 plan but she thinks that I can take them full time cense I have a place now and not have to worry about them anymore she says that the court is not going to make her pay until I am all caught up on back child support is this true?

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Who pays child support currently is unrelated to whether arrears are owed.

Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.

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