Legal Question in Family Law in Arizona
My sister has been receiving child support for some time but her daughter refuses to live with her. Her father has made it impossible and my sister has custody.
He wants to stop paying custody and wants her to sign papers out of court.
Would she have to pay back any of the child support even though he willingly continued to pay and have his daughter living him, which goes against the court?
She makes very little money and would be unable to do this.
1 Answer from Attorneys
Typically, child support cannot be "retroactively modified". So, no, Dad could not go back after "back support" in a normal sense. BUT, there are creative theories that he could pursue to have her pay him back. I would not like his chances.
BUT, you sister could INSURE that he had no claims by making it part of the agreement.
We can certainly help you consider and then pursue her 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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