Ugh im stupid

[Jeff4321]

What is the name of your state (only U.S. law)? AZ


Hello, I have two children for which I have child support taken from my paycheck weekly, however one of the children turned 18 a year and half ago and support was still being taken from my checks because I did not fill out the forms with court to stop it. I did make a verbal agreement with my ex that she would just pay me back that childs money each month which she did for about 6 months but since then she has not and owes me quite a bit. Is there anything legally I can do (I know now that I need to fill out forms with court to get it stopped) to get that money she owes? Will the court see that the child turned 18 awhile ago and see that they kept taking money from my checks and use that as "credit" for the other child whom turns 18 in less than a year? Or is that money gone? Yes I know now im stupid to think I could have trusted her. Thanks

 

[Silverplum]

What is the name of your state (only U.S. law)? AZ


Hello, I have two children for which I have child support taken from my paycheck weekly, however one of the children turned 18 a year and half ago and support was still being taken from my checks because I did not fill out the forms with court to stop it. I did make a verbal agreement with my ex that she would just pay me back that childs money each month which she did for about 6 months but since then she has not and owes me quite a bit. Is there anything legally I can do (I know now that I need to fill out forms with court to get it stopped) to get that money she owes? Will the court see that the child turned 18 awhile ago and see that they kept taking money from my checks and use that as "credit" for the other child whom turns 18 in less than a year? Or is that money gone? Yes I know now im stupid to think I could have trusted her. Thanks

Please don't call yourself names.

That said, there's no getting that money back. Just pretend to yourself that it was, indeed, spent on the well-being of your child/ren.

You have the forms and info you need?

 

[Jeff4321]

Please don't call yourself names.

That said, there's no getting that money back. Just pretend to yourself that it was, indeed, spent on the well-being of your child/ren.

You have the forms and info you need?

Yes I have the forms thank you and unfortunatley both the children live either with me or the grandparents 90 percent of the time so they dont nor have seen a dime of that money in over 2 years.

 

[Silverplum]

Yes I have the forms thank you and unfortunatley both the children live either with me or the grandparents 90 percent of the time so they dont nor have seen a dime of that money in over 2 years.

Good you have the forms: send them in ASAP, of course.

Let us know if you have any further questions.

 

[LdiJ]

What is the name of your state (only U.S. law)? AZ


Hello, I have two children for which I have child support taken from my paycheck weekly, however one of the children turned 18 a year and half ago and support was still being taken from my checks because I did not fill out the forms with court to stop it. I did make a verbal agreement with my ex that she would just pay me back that childs money each month which she did for about 6 months but since then she has not and owes me quite a bit. Is there anything legally I can do (I know now that I need to fill out forms with court to get it stopped) to get that money she owes? Will the court see that the child turned 18 awhile ago and see that they kept taking money from my checks and use that as "credit" for the other child whom turns 18 in less than a year? Or is that money gone? Yes I know now im stupid to think I could have trusted her. Thanks

Just a word of warning:

Child support for two children is not double the support for one child. Your child support is going to be recalculated based on one child. If your income has increased since your support was last calculated, there is the possibility that child support will not decrease, and could possibly even increase.

So, before you send those papers in, make sure that you run the numbers on an online child support calculator to get an idea of where you will be with one child. If I had a dollar for everyone I have run into who ended up with an increase rather than a decrease, or with no decrease, I would be a well off woman.

Here is a link to the AZ calculator:

http://www.azcourts.gov/familylaw/2011_CALC.aspx

Play with it some if you don't know the cp's actual income.

 

[single317dad]

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00527.htm&Title=25&DocType=ARS

25-527. Child support; overpayment; reimbursement
A. An obligor whose obligation to pay support has terminated may file a request for reimbursement against the obligee for support payments made in excess of the amount ordered. The obligor must file the request with the clerk of the superior court within twenty-four months after the termination of the obligation.
B. The court may enter a judgment for reimbursement against the obligee if the court finds that the obligor's obligation to pay support has terminated and that all arrearages and interest on arrearages have been satisfied. The court shall send a copy of the judgment to the department or its agent for title IV-D cases.
C. The obligee must pay the judgment directly to the obligor and not through the clerk of the superior court or the support payment clearinghouse.
D. A judgment entered pursuant to this section does not constitute a support judgment and is enforceable only in the same manner as a civil judgment.

The question here is, has your obligation terminated? Is that obligation terminated by statute when the minor reaches the age of emancipation, or is that obligation terminated only by a court order? I would certainly pursue this if I were you, OP.

 

[homebuyer1983]

Well, I was taught by my father to always, always get a lawyer. So, get a lawyer. See what they can do, if anything you may be able to sue your ex for the money she kept if you two had a "verbal" agreement. But that's a long shot if it was verbal. If the support was supposed to end at a certain time, your lawyer may be able to convince the court you had something come up and just couldn't get around to filing the papers, maybe you didn't know, etc and ask they require your ex to pay you back. Lawyers can, in many cases, work magic. If you live in a small town, or a place where there's a lot of cronyism then it could be to your advantage to pick a lawyer that's "in the loop" so to say. I had a lawyer my dad used to send me to when I was younger and got speeding tickets, maybe I was drinking too much and got a little rowdy, he played golf with the prosecutor in my town, it was to my advantage. So...keep that in mind when you choose a lawyer.

So, go get a lawyer. Do not allow her to keep your money without at least trying, if you are owed the money then you are owed the money. It's like my mother in law who won't get re married because she wants to continue her alimony after 12 years of being divorced and 7 years of living with another man. She's NOT spending that money adjusting to her new lowered standard of living after that long. Your ex probably didn't spend it on the kids if they are that old.