Overpayment of child support in Arizona can cause significant legal and financial problems for divorced parents.
Child support, outlined in an Arizona divorce decree, is controlled by the Arizona Attorney General’s Office and the clearinghouse that processes payments is under its jurisdiction.
Because payments are controlled and debited by the clearinghouse, making sure that each child support payment is correct is essential. As experienced family law attorneys, Corso & Rhude has handled numerous cases involving overpayment of child support and our family law attorneys have seen the effects of not hiring a lawyer to handle such cases.
Hiring an experienced family law attorney now is your best strategy when disputing child support overpayment in Arizona. Why? Because once a parent files a motion on their own, any lawyer retained has to wait until that motion clears the legal process.
This can result in more legal fees, more overpayments of child support and the potentially drawn out battle of having to file a civil suit to collect if the child turns 18 before the case is resolved.
The amount of money to fix a child support overpayment vs. hiring a family law attorney to do it right the first time can be much more.
Don’t Do It Yourself!
Because so many family law forms are available online (including divorce petitions) many Arizonans believe they can go it alone when challenging a family law matter such as child support overpayment. This couldn’t be farther from the truth.
Submitting your own petitions to family law court means having to see those petitions through until the end – even if they are filled out wrong or you later hire a lawyer. Before any lawyer can file a new motion, your original petition – mistakes and all – must make it through the court system.
Hiring a family law attorney now means Corso & Rhude can have the Arizona Attorney General’s Office put a hold on current child support so our family law attorneys can fight the issue while it is in limbo.
As family law attorneys, we can file an emergency motion on your behalf, resolving the dispute in as little as one to two months. But doing so means making sure that you contact us first. if you’ve already filed a motion, expect it to take six months to clear before anything else can be filed.
Filing a child support overpayment motion without legal counsel can slow the whole process down for the family law attorney you eventually hire.
Children Who Turn 18
Collecting back overpayments of child support in Arizona changes dramatically once a child turns 18. Once a legal adult, the Arizona Attorney General’s Office no longer has jurisdiction over your child support claim. Instead, you must file a civil suit in Arizona to collect the overpayment.
Because of this, it’s important to address child support overpayment early on, when your legal options are greater.
The family law attorneys at Corso & Rhude have seen cases where the clearinghouse has taken additional money out after the child in question turns 18. In these instances, the parent’s only recourse is to sue the other parent in civil court – a much tougher option.
To schedule an appointment with a family law attorney at Corso & Rhude, please call (480) 471-4616 or fill out the contact us form at the top of this page.