Legal Question in Family Law in Arizona

Re: Father waived child support - now he wants it!

Typically, child support is always modifiable based upon a change in financial circumstances. Thus, if nothing ahs changed since he agreed to waive, then no change should be possible no. Also, did the two of you enter into any kind of "agreement to deviate" from the guidelines? That might affect his ability to modify as well.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey 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

Re: Father waived child support - now he wants it!

Thank you for your inquiry.

Even though the two of you may have agreed to waive child support, either parent is still entitled to request a modification of support if there is a significant change of circumstances. Generally, support cannot be modified retroactively, so the effective date of the modification would be the month after you are served.

You only have 20 days from date of service to object to his request (e.g. if his calculation was done incorrectly), so it is critical that you review his calculation as soon as possible.

Please contact my office to schedule an initial consultation so we can discuss the details.

Sincerely,

Monica Donaldson

(480) 792-9770

[email protected]