Stop an Income Withholding Order When Parties Do Not Agree
- An "Income Withholding Order" has been issued by a court in Maricopa County against one of the parties to collect court ordered Child Support and/or Spousal Maintenance (alimony), AND
- BOTH of the following conditions apply:
- The person making payments does not owe any more money under this Order or the obligation to pay will end within 90 days of filing this "Petition",
- There is no money owed for back child support or spousal maintenance ("arrears"), AND
- Current payments should stop, because all children named in this Order are 18 and not attending high school; all spousal maintenance /support is paid, or other condition for stopping support and / or maintenance has occurred, such as:
- Legal Decision Making (Custody) has been changed by order of the Court (if Order is not from this county, copy of "Legal Decision Making (Custody) Order" is attached);
- Child adopted by someone else, and all past-due amounts have been paid, (copy of "Adoption Order" attached);
- Child deceased, and all past-due amounts have been paid;
- The (support) case has been dismissed (if Order is not from this county, copy of "Order Dismissing Case" is attached);
- Person receiving payments is deceased (death certificate or other proof such as obituary attached), AND
- The parties are not willing to sign an AGREEMENT to stop the "Orders." (for which there is no filing fee)
- DO NOT USE FORMS and instructions in this packet if any money is still owed for current or past due child support or spousal maintenance (alimony). (Note: If money is still owed but the amount should be changed, refer to the Law Library Resource Center packets to modify the Income Withholding Order or to Modify the Support Order to determine if they apply to your situation.
NOTE: If your "Income Withholding Order" was issued after January 1, 2005, there may be an automatic stop date on the Order. If there is and that date is correct, you do not need to file anything to stop the Order, though you may want to make sure the payroll department of whomever has been making payments is aware of the termination date.
Petition to Stop Income Withholding Order and All Support Orders When Parties Will Not sign Agreement to Terminate - drsw1
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