Legal Question in Family Law in Arizona

child support order establishment and arrears

Two years after seperating from the father of my girls I decided to file for support. They served him 3 years after the filing. A court date has been scheduled but the order is only asking for support back to the filing date. What about the 2 previous years? Also, I filed through the district attorney family support division. Would I be wiser to have hired a private attorney? Also, he is contesting the amount stated in the proposed order(the judge had not signed when the appeal came in)a little more than one month after being served. He is stating he was laid off but it is my understanding he requested to be laid off in the face of this support case. Is there anything I can do to ensure the judge will not just look at his most recent employer but take into account his earnings for the past 3 or 5 years and what are the chances he will be granted his request and pay the lesser amount per month even though he left his position by request.


Asked on 2/16/05, 5:01 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: child support order establishment and arrears

Thank you for your inquiry.

The law only permits collection of child support going back three years before the filing of the petition.

If he is voluntarily unemployed or underemployed, the court has the authority to "attribute" income to him based on his earning history or earning potential.

Enforcing through the state is often a good idea, since they do not charge for their services, and they have many resources available to them that private attorneys do not have.

I hope this information is helpful.

Read more
Answered on 2/16/05, 9:47 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona