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Stop an Income Withholding Order
When Both Parties Agree
You may use the forms on this page if the following factors apply to your situation:
- An "Income Withholding Order" has been issued by a court in Cochise County against one of the parties to collect court-ordered child support and/or spousal maintenance (alimony), and,
- All parties will sign the "Agreement to Stop the Income Withholding Order (and Support Order(s))" in front of a Clerk of the Court or a Notary, and,
- If the state of Arizona (DES) was involved in your case, a representative of that agency will also sign the "Agreement ", 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 "Agreement".
- There is no money owed for back child support or spousal maintenance arrears, and current payments should stop because: all children named in the Support Order are 18 and not attending high school; all spousal maintenance is paid; or other condition for stopping child support or maintenance has occurred, such as:
- Parties have remarried each other (copy of "Marriage Certificate" attached),
- The (support) case has been dismissed or Legal Decision Making (Custody) changed by court order
- Child adopted by someone else, and all past-due amounts have been satisfied,
- Person receiving payments or child for whom support being paid is deceased, if court order is not from this county, a copy of the Order of Dismissal, Legal Decision Making (Custody) or Adoption will be required. If a party or child deceased, proof such as copy of death certificate or obituary notice will be required.
Do not use these forms if.:
- The other party will not sign the "Agreement to Stop Income Withholding Order"
- Money is still owed for current or past due child support or spousal maintenance (alimony) according to the underlying Order for support or maintenance
- There has never been an "Income Withholding Order" in this case
Documents
- Agreement to Stop Income Withholding Order and All Support Orders (PDF)
- Agreement to Stop Income Withholding Order and All Support Orders (Spanish) (PDF)
- Order Stopping Income Withholding Order and All Support Orders (PDF)
- Order Stopping Income Withholding Order and All Support Orders (Spanish) (PDF)
- Income Withholding Order (to be filed with either Decree, if needed) (PDF)
- Income Withholding Order Instructions (Example only, file the English form with either Decree, if needed (Spanish) (PDF)
- Income Withholding Order Instructions (instructions only, do not file with Court (PDF)
- Income Withholding Order Instructions Instructions only, do not file with Court (Spanish) (PDF)
- Current Employer Information Sheet (PDF)
- Current Employer Information Sheet (Spanish) (PDF)
When Parties Do Not Agree
You may use the forms on this page if the following factors apply to your situation :
An "Income Withholding Order" has been issued by a court in Cochise 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).
Documents
Individual Forms - Step 1
- Petition to Stop an Income Withholding Order and All Support Orders When Parties Will Not Sign Agreement to Terminate (PDF)
- Petition to Stop an Income Withholding Order and All Support Orders When Parties Will Not Sign Agreement to Terminate (Spanish) (PDF)
- Order Stopping Income Withholding Order and All Support Orders (PDF)
- Order Stopping Income Withholding Order and All Support Orders (Spanish) (PDF)
- Income Withholding Order (to be filed with either Decree, if needed) (PDF)
- Income Withholding Order Instructions (Example only, file the English form with either Decree, if needed (Spanish) (PDF)
- Income Withholding Order Instructions (instructions only, do not file with Court (PDF)
- Income Withholding Order Instructions Instructions only, do not file with Court (Spanish) (PDF)
- Current Employer Information Sheet (PDF)
- Current Employer Information Sheet (Spanish) (PDF)
Individual Forms - Step 2
- Acceptance of Service (PDF)
- Acceptance of Service (Spanish) (PDF)
- Affidavit of Service Signature Confirmation (PDF)
- Affidavit of Service Signature Confirmation (Spanish) (PDF)
Request a Hearing to Object to Petition to Stop or Modify an Income Withholding Order
You may use the forms on this page if the following factors apply to your situation:
- You have been served with (received) a copy of a "Petition to Stop or Modify the Income Withholding Order," and
- You do not agree with the information provided in the Motion, and
- You wish to request a hearing so you can tell the court why you do not agree with the Motion.