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  #1  
Old 10-17-2000, 12:02 PM
MominArizona
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Thank you to the person who gave me the link to the AZ laws. I do have another question. Let me give you the scenario.

My daughter who is 11 lives with me, my son who is 17 lives with his father. I have been seperated for 4 years, and my divorce has been in court for 13 months. We have agreed to everything except child support. We are planning to go to trial...Now, according to the state support guidelines, I make about 300 dollars more than my x a month, and they way he "claims" expenses for my son, I would owe him about $100 or more a month, he claims a 300 monthly deduction for educational expenses, however, my son received his GED at 16, and hasn't attended shool in over a year. My question is this:
This is the exceprt from the AZ laws 25-320

"C. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided during the period in which the child is actually attending high school or the equivalency program bu only until the child reaches nineteen years of age unless the court enters an order pursuant to tsubsection B of this section. Notwithstanding any other provision of law, a parent paying support for a child over the age of majority pursuant to this sectin shall be entitled to obtain all records related to the attendance of the child in the high school or equivalency program"


Ok, here we go with my questions 1) My x wants credit for back support if it is found that I do in fact owe him (which would blow my mind cuz expenses for 11 yrs old vs a 17 yr old are night/day) How far back is allowed?

question 2) I am no longer obligated to help support my son when he turns 18, or...when he finished school? Imancipation states 18 yrs old for state of AZ. However, the above excerpt mentions 19.

question 3) Can I go back for back pay on what he would owe me, because i would have no longer been obligated to help pay for my son because of his no longer in school?

OR should I just hire a lawyer cuz I am doomed???
  #2  
Old 10-17-2000, 12:07 PM
AMomInNC
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Hire a lawyer, not because you're "doomed" but because it's a complicated case that you should NOT go into alone.



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~God gave me three angels!~
  #3  
Old 10-17-2000, 12:36 PM
Tigres
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Is your son attending college or trade school? Obviously, if you contest it, your husband is going to have to justify the $300 educational expenses to the court. Where did you find out about him using this figure?

Tig

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  #4  
Old 10-17-2000, 12:37 PM
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First of all, my compliments on trying to find out the answers yourself and reading your state laws...

1) In AZ a child over 12 is considered to have 10% more expenses. A judge could order back pay to the date of filing.

2) Since the child has left school, support can cease when he turns 18. The paragraph you quoted talks about if he is still in school when he reaches the age of Majority.

3) With you earning 300 a month more and with the 10% hike for a child over 12, then it is unlikely he will owe you anything. Once the son turns 18 and support ceases then you get a modification done where he will then have to pay you for the next 6 years. That will take effect and be back dated to the date you file the modification. Since you have to pay for the son until 18 then there is nothing to go back for.

Here is a wonderful site that will also give you an idea of split parenting and CS.
[url="http://www.supreme.state.az.us/dr/childsup/drguide.htm"]http://www.supreme.state.az.us/dr/childsup/drguide.htm[/url]


 



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