Legal Question in Family Law in Arizona

Re: Child Support Modification - Retro-active?

Thank you for your inquiry.

There is some retroactivity involved in a child support modification, but not the way you are thinking. Let me put it on a timeline:

Jan 1 - you get a raise;

Mar 31 - ex files for modification of support;

July 1 - court holds hearing to determine if modification is appropriate.

Under this scenario, the order entered after the July 1 hearing is retroactive to the first day of the first month after the request to modify is filed (e.g. April 1). If the request to modify is not filed until a year after your raise, the increased support order is still only effective as of the month after the request is filed.

If you would like to discuss your case in more detail (instead of the general information provided in this response), please contact me at (480) 792-9770 or [email protected].

Sincerely,

Monica H. Donaldson

Re: Child Support Modification - Retro-active?

Child support cannot be modified retroactively. If she finally files, whatever the new amount is will be backdated to the first day of the first month AFTER she filed.

If you would like further assistance, please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com