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  1. #1
    Join Date
    Jan 2018
    Posts
    14

    Default Can You Pay Support Directly Without Wage Garnishment

    My question involves a marriage in the state of: AZ

    I am kind of a paralegal to people who know me, and this time someone in AZ dropped this on my lap

    1. Received a court order to withhold Alimony of 4k to wife and 1200 to child, who is going to be 18 by April

    2. He wants to pay them directly

    3. I want to find out how he can pay them and not go thru the state

    Is there a way to do that without too much headache, or do I have to withhold the money and pay the state directly?

    Another issue is the ex-wife works for a subsidiary of his company (long story )and gets 1099. Will it affect the alimony payment since she is getting an income?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Company Withholding of Support

    You follow the court order. That's it. Otherwise, he can contact CSE and ask them directly.

    His ex-wife's income typically wouldn't change the amount of spousal support unless there's something addressing that in his court order.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Pay Support Directly Without Wage Garnishment

    Arizona law appears to allow for parents to agree for direct payment of child support, A.R.S. sec. 25-503(a) but, as Dogmatique indicates, if the court ordered that support be paid through the state's child support agency and ordered wage garnishment, then that's what the court expects. Spousal support is almost always payable directly unless otherwise ordered by the court, but it again sounds like the court addressed the issue in its original order.

    If both parties agree to modify the order so as to allow for direct payment, they can consider taking the issue back to court and asking the court to modify its prior order. If the recipient objects, I would not expect the court to modify an existing order for wage garnishment and administrative enforcement in favor of direct payment.

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