Legal Question in Family Law in Arizona
child support
i was granted $65 a month from my sons dad 13 yrs ago. i stopped receiving the checks about 7 yrs ago. i was too afraid to cause problems and ask why & i figured we were sharing the costs fairly at that point, so y cause a fight? i got copies of my custody papers again& found out that the courts were given the wrong address even tho there was a correct forwarding address at the time. my ex received a letter back then (i got a copy of it from the court recently)asking for my correct address(which he definitely had-since he picked up our son everyday from it) &yet he chose to IGNORE the letter. what can i do? he owes me around $4000 child support and im not scared anymore to stand up to him. also, in filed papers they had my correct address at the time- its not right that he got away with not paying all these years-even if i should have been strong &questioned this years ago. And he is now trying to violate a couple more joint custody rules because he is moving across town from us after living 10min. apart for the last 13yrs & is now trying to remove my son from his terrific school so he wont have to drive so far. i refuse to uproot my son from his community, highschool &me, just because his dad wants to move far away. please help?
1 Answer from Attorneys
Re: child support
You can sue for past child support if there was a child support order in place. DES may help you with this. He may be required to pay 10% interest on the arrearage.
As for the relocation, it is difficult to give you an answer. I do not know the current custody arrangement. If you have joint legal custody, you both have an equal say as to which school your child goes. If you are the custodial parent then the child may not be required to move. Travel costs may or may not be allocated between the two of you.
You may want to contact an attorney so that you are protected and your son's best interests are considered.