Legal Question in Family Law in Arizona
Retroactive child support
On 9-14-2004 we filed for devorce on 05-03-2005 it was final we ended up with 50 50 custody child support pymts were then set at 315.00 a month. I was told by my Lawyer at the time that child support would be retroactive of the time the devorce was filed. My lawyer wasn't wirth a crap but when it was final I tried to ask him about the retroactive child support & recieved no answer. Yet for those several months I had full custody he had every other weekend and he never gave me even a dime that whole time. My Question is how can I file to get it, what forms do I need and does it matter that I had full custody tell then or dose it mean I still only get the amount for the 50 50 custody. What can or can't I do. I would also like to have the child custdody pymnts rechecks do to its been 4years and they say I can be refigured after 2yrs Plz Email me Thank you so much
1 Answer from Attorneys
Re: Retroactive child support
Changes to child support are proactive only and will be effective on the first day of the month following the date the other party is served. So, if your ex is served today, the new child support would take effect on April 1, 2009. The court will not make any retroactive child support modifications and only allows child support to be retroactive when there is not already a child support order in effect.
Regarding the change in child support, you don't need to wait 2 years to modify support, all that is required is a change in circumstances that will effect support by more than 15%. A loss in job, change in income or change in the parenting time that is exercised are the most common changes. I have made modifications to support a few months after the last support order.
Give me a call if you have any questions or need help.
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