Child Support

questions & answers

Question: I am the obligor. My child support payment has been reduced by $ 790 a month, retroactive to 4 months ago. How do I get back the money my ex-wife has been over-paid over the four month period ?

Answer:

The provisions of ARS § 25-527 may be helpful in answering your question:

25-527. Child support; overpayment; reimbursement

A. An obligor whose obligation to pay support has terminated may file a request for reimbursement against the obligee for support payments made in excess of the amount ordered. The obligor must file the request with the clerk of the superior court within twenty-four months after the termination of the obligation.

B. The court may enter a judgment for reimbursement against the obligee if the court finds that the obligor's obligation to pay support has terminated and that all arrearages and interest on arrearages have been satisfied. The court shall send a copy of the judgment to the department or its agent for title IV-D cases.

C. The obligee must pay the judgment directly to the obligor and not through the clerk of the superior court or the support payment clearinghouse.

D. A judgment entered pursuant to this section does not constitute a support judgment and is enforceable only in the same manner as a civil judgment.