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Old 01-28-2009, 07:25 PM
 
42 posts, read 219,172 times
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If you file the form to change the amount of child support you are currently paying and request a court hearing, do you keep paying child support from the time you file the form until the time of the court case?

My friend thinks she does not have to pay since she filed the forms. Does anyone if this is true? And does anyone know where I can find this information online. I am looking on the Maricopa county court site now, but do not see anything on this specific question. She is currently two months behind and will be three as of Feb 1st.

Thanks.
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Old 01-28-2009, 11:26 PM
 
430 posts, read 1,409,856 times
Reputation: 158
Default Only a judge can change a child support order

Quote:
Originally Posted by BenBermuda View Post
If you file the form to change the amount of child support you are currently paying and request a court hearing, do you keep paying child support from the time you file the form until the time of the court case?

My friend thinks she does not have to pay since she filed the forms. Does anyone if this is true? And does anyone know where I can find this information online. I am looking on the Maricopa county court site now, but do not see anything on this specific question. She is currently two months behind and will be three as of Feb 1st.

Thanks.

I am no expert, but I would think you would (have) to continue to pay, only the Judge can change a child support order and that would happen at the hearing, The judge might change the amount based on a change of status, but the back owed amounts would stand I would think.
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Old 01-28-2009, 11:51 PM
 
Location: Tempe and Payson
1,216 posts, read 3,028,925 times
Reputation: 1707
Default Been on both sides of the issue.

Yes, only a court order can change a child support order. Yes, your friend needs to keep paying the current amount ordered until the new order takes effect. If she is in arrears because of a change in her financial situation the judge can adjust the amount of arrears. Your friend should also keep in mind that if she is unemployed, she will still be ordered to pay something. The court will "attribute" income to her as if she were working 40 hours a week at minimum wage and use this amount to determine the adjusted child support amount.
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