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How can I eliminate arrears pay now that my son lives with me?

Phoenix, AZ |

My ex took me to court and I was ordered to pay a monthly child support order ontop of court fees and $9,500 in arrears pay. I told the court that she is a dead beat and they didn't listen. So last year she goes missing and abandons our son, he now lives with me. We looked for her and eventually found out she is addicted to drugs and living on the streets. I went to child support and court. They granted me temp custody and paused my support but I still pay a fee for arrears. She's nowhere to be found and never sees my son and now because I couldn't afford and attorney the custody case is being dismissed! What can I do? Legal aid refuses to help seeing as they have a year long waiting list... I pay child support AND have my son full time and because of arrears losing all my tax refund money

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Attorney answers 2


I am not aware of any way to eliminate your arrears, besides your ex-spouse formally waiving them. It should be noted that if the arrears are reimbursement for State benefits to your son, you may be able to negotiate a settlement with the State on these amounts.

My recommendation would be that you obtain a free consultation from a family law attorney to review your case before taking action.

Good luck!

Judd S. Nemiro
Law Offices of Judd S. Nemiro, PLLC

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You won't be able to eliminate your arrears payment, unless Mother agrees to waive that - which sounds unlikely. However, you can file a Petition to Modify Legal Decision-Making (formerly custody), Parenting Time and Child Support with the Court to address the change in circumstances. I'm not sure from your message, but you may have already done that. If so, I'm unsure why the case is being dismissed. You can file a Motion with the Court to request that they extend the dismissal date or that they set the matter for a Trial regarding your Petition to Modify (assuming you've filed one).

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