Legal Question in Family Law in Arizona
In May 1999 I had a court hearing for issues with the mother of my children. She handed me support modification papers as we walked in that day. The judge scheduled a hearing in October 1999, since I hadn't been served and didn't have any documentation with me. The judge stated that the modification order was not to be retro-active to may, but the child support enforcement office did that anyway. I disputed this, and they relented, sending me a letter that I didn't owe that amount, and the order was to begin on 11/1/99, not 5/99. Ten years later they've 'reinterpreted' the order, placed the retro-active arrears back on my account, and charged me 10 years of interest. My question is this: since I wasn't served papers previous to the May 1999 hearing, is there any legal way for them to make the order retro-active?
1 Answer from Attorneys
I agree that under the circumstances you've described, it does not seem right for them to retroactively modify. BUT YES, back then, there was a legal theory to allow a retroactive modification: if you had more than one child, and one emancipated, then the Court WAS permitted to date the change backwards to the date of emancipation. That has since changed by caselaw.
Even if that was your circumstance, I propose a "Petition for Order to Show Cause re Arrearage Calculation". This would allow you a hearing, and then a Court Order, as to EXACTLY what you owe or don't owe.
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