I filed a motion to decrease my child support due to substantial change which included bankruptcy. Instead of appearing both parties( I was pro-se) entered into an agreement with ex-wife's attorney to reduce my child support obligation to $50 a week. I have since been sent payment vouchers from the Probation Dept. for child support in the amount of $100 weekly. This is a 100% increase. I sent the Probation Dept. the settlement agreement which was signed by the judge for $50 per week but continue to receive vouchers stating I owe $100 a week. I do have arrears but are they allowed to change the amount without me receiving a hearing to prove the lack of income?
You will need to file something with the Court to Correct the mistake.
he response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Arizona. Responses are based solely on Arizona law unless stated otherwise.
Did your settlement include any provision for payment on the arrears? If not, that may still be an unresolved issue to be resolved with your ex. If you and she can reach agreement a consent order regarding the amount of arrears payment can be submitted to resolve this. Otherwise, go to Probation in person with a copy of the settlement order entered by the Court with the goal of gathering information first. Start by inquiring what the basis is for Probation to issue vouchers for $100 per week. Is there an existing order for payment of arrears that was already in place and continued? Probation usually has an underlying order as the basis for their actions. If there is no underlying order then there may be a mistake that needs to be corrected. Be sure to check and see if there is any cross involvement with your bankruptcy filing since provision for payment of child support and arrears usually are included as a statement of intention in your bankruptcy filing. If all else fails request a hearing to seek modification of the existing payment on arrears based upon your current financial circumstances. It's worth taking the time in person at Probation to learn how this came to be in the first place, get copies of any documents you may not be aware of, and then take steps to correct the situation.
It is possible that the increase is due to child support arrears. You should contact an experienced Family Law attorney and review all of the details of your case with him or her.
The foregoing answer is submitted for informational purposes, and is not intended as a specific answer to the question posed. Always consult with an attorney prior to signing any and all agreements.
My experiences with the Probation Department would indicate that they have not yet processed the changed support amount......was your settlement agreement in the form of a consent order that was signed by the judge..I advise clients who have issues with Probation to go down in person (in your case, Freehold) to attempt to straighten out the issue...good luck
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