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

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

Individual Forms - Step 2

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.

Documents