Legal Question in Family Law in Arizona
How does retro-active child support work?
I was divorced two years ago. The divorce occurred in Arizona. My ex has full-legal and physical custody of our 6 year old child. The child lives in Arizona with the ex. No child support order has been filed against me. All along the ex has refused financial support. Now, my ex claims to be entitled to back child support.
Assuming that the ex were to file for child support today, from what date would I start owing payments? Do I start owing from the date of the divorce? The date the papers are filed? The date I am served? Or some other date? If the ex decides to file for child support 10 years from now, what would be the starting date used to calcuate the money owed? Is there any statute of limitations on child support payments? Could my ex file after our child is 18 and demand 18 years worth of child support? Please explain.
2 Answers from Attorneys
Re: How does retro-active child support work?
I recently litigated a case with very similar circumstances. My answer to your questions depends upon what your divorce decree states.
If it states that child support is "zero" or "waived", then your ex could only file for future support (i.e. effective the first day of the first month AFTER he files for modification).
On the other hand, if the Decree states "reserved", or simply does not address child support, then your ex can make arguments that support should be retroactive to the date of the Decree.
Please call me directly if you would like to discuss this issue further.
/s/ Rich J. Peters, Attorney
Re: How does retro-active child support work?
There is no uniform child support law. Each state has encacted its own child support law.
In California child support cannot be changed retroactively. That is the court cann not go back further than the date upon which a motion or OSC to modify child support it filed with the court. Making an order where none prrviously existed is considered to be a modification.
Normally child support is set by the state in which the parent paying support is living at the time the order is made.
There is a federal statute that makes it a felony to move out of a state to avoid payment of child support. This statue has been construed very liberally to punish a parent that does not pay child support for a child living in another state.
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