The applicant, Scott Henderson, brought a motion seeking a temporary order to fix monthly arrears payments at $3907.10 USD, pending the adjudication of his motion to vary a 2009 final support order.
The respondent, Suzanne Henderson, opposed the motion, arguing it was premature and that Arizona authorities had jurisdiction over arrears enforcement.
The court dismissed the applicant's motion, finding it improper as it sought to amend a final order without a live Motion to Change, and premature as there was no active application to vary the original order.
The court clarified that the proper remedy was a Motion to Change and noted that Arizona authorities, under the Uniform Interstate Family Support Act, were empowered to set the monthly amount to be deducted for arrears.
