Question about wage assignment (Arizona)

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Question about wage assignment (Arizona)

Postby Lionol » Fri Feb 24, 2012 10:05 am

Greetings. Got divorced in 2011 and was ordered to pay child support by wage assignment (garnishment). Was unemployed at that time continuing to the present. I make payments via cashier's checks sent directly to the clearinghouse and have always been current on the obligation. Question: I will likely be securing employment next week and am wondering if the wage assignment automatically takes effect or? I do not intend to inform the clerk of court nor the clearinghouse of my employer as I prefer to be in control of my own destiny and send the checks myself. Thanks and appreciation to any responses.
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Re: Question about wage assignment (Arizona)

Postby Fatheroffour » Fri Feb 24, 2012 10:11 am

You should read your orders carefully and know whether or not your state statutes or case law require you to notify of any increase in income. While they may not require garnishment it is likely that you will be on the hook for the increased child support obligation from the time you take the job. After a short period of time that could build quite quickly and put you in a hole you never climb out of if you don't pay the correct amount.
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Re: Question about wage assignment (Arizona)

Postby Lionol » Fri Feb 24, 2012 12:09 pm

Thanks that was helpful. I reviewed my child support order and it doesn't appear to require any notification upon change of income. It appears any change in the amount of the child support obligation would have to be accomplished by submitting and order to modify child support. In which case I could be held liable for an increased amount from the date the modification order was filed. My concern in regards to the wage assignment lies in the fact that if I'm sending my payments manually and then all of sudden my wages begin being garnished that it would create an overpayment which in turn creates a hassle of trying to recover the overpaid funds.
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Re: Question about wage assignment (Arizona)

Postby RC411V » Fri Feb 24, 2012 12:57 pm

Send money until your paycheck shrinks. If your check has the support taken out, it is no longer your responsibility how it gets to her. You don't have to send it and there won't be an overpayment.
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