Legal Question in Family Law in Arizona

I've been ordered to pay child support plus arrearages yet the child has been in my care for 10 years. This arrangement was never modified from the original court order. It was between myself and the child's mother. Now the courts have reverted back to the original courtt order even though the child was in my care all these years and I have school records and witness that can prove this. I never received any support from the mother, I did not enforce any support from her. Now she has removed the child and demanding back child support. Is there anything I can do?


Asked on 1/29/10, 2:49 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

Sure. You state that the court has reverted to the original court order. What were the child custody and support terms of the original order? Also, why did the court revert to the original order? Why has she "removed" the child? Has she done so with or without court permission? Any time when you can prove that you had the sole or primary physical custody of the child, you should be able to avoid any back child support under the current guidelines. However, in the future, the court is looking at guidelines where the non-custodial parent is in a much worse financial condition than the custodial parent, making the custodial parent actually pay some child support to try to equalize the situation a little bit or at least put the child above the poverty line. I'm not saying this was your situation at all, I'm just letting you know what some of the factors are that courts are or may consider.

Let me know if I can help further.

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Answered on 2/03/10, 3:18 pm
Rich Peters R.J. Peters & Assoc., P.C.

How recently did the Court make this decision? Typically, child swupport can NOT be retroactively modified. BUT, there can be some creative arguments if you could prove that Mother agreed to a modified siuation.

IF THE COURT ENTERED RECENT FINDINGS, THEN TIME IS OF THE ESSENCE.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 2/09/10, 2:53 pm


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