take current child support to pay overpayments of spousal maintainance

[bedzldnow]

I live in Arizona. DES-Division of Child Support Enforcement determined my ex-husband to be in arrears of $12,000. He with his attorney requested a hearing to determined arrears. At the hearing, the Judge determined that there were no arrears and in fact there had been an overpayment. I requested a re-calculation (including documents submitted-which though requested I was given only partial and very incomplete) by DES-Division of Child Support Enforcement, as well as a CERTIFIED COPY OF THE HISTORY OF PAYMENTS (which the one being used to make the determination during the hearing WAS NOT A CERTIFIED copy), both of which were ignored. The Judge ruled that the overpayments (which were determined to be Spousal Maintainance only) would be paid back to my ex-husband by ordering a NEW WAGE ASSIGNMENT-which would subtract the overpayment of Spousal Maintainance in increments of $100 from the monthly Child Support Order of $300-for a New Wage Assignment and Child Support Order. Can this be legal? Can a Judge actually take the current child support amount and subtract past overpayments (determined to be SPOUSAL MAINTAINANCE ARREARS ONLY, THEN SPOUSAL MAINTAINANCE OVERPAYMENTS ONLY), from the monies intended to feed and clothe the children? I am in total disbelief of the entire situation. First of all, I was not notified as per the DES and state requirements, I was not provided with documents as per the state's Rules of the Court, nor was the procedure required by DES and the Az office of the Attorney General's Office followed. Second of all, during the hearing, my ex's attorney seemed to call all of the shots, and kept at the Judge until he finally agreed with him and my ex, all the while I, representing myself, seemed to be ignored, and each and every statement and/or question I submitted or any request made was either ignored or pushed under the rug with a lot of technicalities (even the ones I understand and attempted to respond to). Is there not a Statute or Rule within the Child Support Enforcement Laws that states that spousal maintainance arrears and or overpayments may not be taken from or in any form from Child Support Amounts?

[judg4]

Spousal support and child support are two different items and the courts have made many references to the fact that they are separate and different awards.

You may actually prevail on appeal or in a motion for reconsideration.

[bedzldnow]

The case is a little more complicated. When he filed his motion for hearing he didnt tell the court that DCSE already made a determination for order of arears which specifically gave him 30 days to request judicial review. Which he did not file. Ars 12-902 scope of article in short says if review of admin decision was not made you shal be bared from any judicial review. In my response I stated this fact in my points of authority and in my conclusion relief sought I requested that this court find that petitioner did not file a timely request for judicial review , in doing so petitioner is barred from judicial review in this matter as statute dictates. The Commissioner ignored that and the incompleete disclosure of petitioners by not including DCSE determination in his motion for hearing.

Would a motion to reconsider outlining all the facts and statutes as I did In my response. Should I request a finding of facts and conclusion of law in his ruling? As to preserve my right to appeal or special action. During the hearing I objected to his mistakes of law but he said strike that objection everytime. I found some case law on failing to file request for adin review that bars further hearing if not filed .