Parental Rights & Obligations

questions & answers

Question: I HAVE PRIMARY CUSTODY OF MY 9 YEAR OLD DAUGHTER. MY EX WIFE AND I HAVE BEEN DIVORCED FOR 21/2 YEARS NOW AND SHE HAS NEVER PAID CHILD SUPPORT. SHE HASNT WORKED SO I HAVENT BEEN ABLE TO GARNISH HER. NOW SHE IS GETTING A JOB AND WANTS TO AVOID THE GARNISHMENT BY SIGNING OVER HER RIGHTS. CAN SHE GET AWAY WITH THIS? IS THERE A LOOP HOLE BECAUSE SHE IS LEGALLY DIAGNOSED WITH BIPOLAR MANIA?

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly.

Guidelines to calculate child support can be found on the Department of Economic Security’s website.  As for terminating parental rights to avoid child support obligations, A.R.S. 8-539 provides that terminating such rights does not end an obligation to pay support.  The right of support shall only be terminated by a final order of adoption. 

 

QUESTIONS

  • I HAVE PRIMARY CUSTODY OF MY 9 YEAR OLD DAUGHTER. MY EX WIFE AND I HAVE BEEN DIVORCED FOR 21/2 YEARS NOW AND SHE HAS NEVER PAID CHILD SUPPORT. SHE HASNT WORKED SO I HAVENT BEEN ABLE TO GARNISH HER. NOW SHE IS GETTING A JOB AND WANTS TO AVOID THE GARNISHMENT BY SIGNING OVER HER RIGHTS. CAN SHE GET AWAY WITH THIS? IS THERE A LOOP HOLE BECAUSE SHE IS LEGALLY DIAGNOSED WITH BIPOLAR MANIA?

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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    866-553-0893
  • Certified Legal Document Preparer Program
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