Legal Question in Family Law in Arizona
Verbal Agreement on Child Support now dying
15 years ago I made a verbal agreement with the mother of my son to provide a specific amount of child support. During the years the amount has increased 4 times which were all done via a verbal agreement. I've made every payment on time via check and usually helped with school supplies and other needs. My son is now 15 years old and after an argument with the mom, she is now threatening/planning to take me to court.
1) Will she be able to force me to pay more money for the past 15 years?
2) What steps should I take to try and obtain custody of my son?
1 Answer from Attorneys
Re: Verbal Agreement on Child Support now dying
If you can prove you've made direct payments (e.g. with canceled checks, or her confirmation), then you should receive credit for those if support is later established through the court. Whether or not you'd owe more (or less) depends on how much the statute says you should have been paying. If there has never been a court order of any kind, she might only be able to go back three years instead of 15; however, if there was a court order in the past that you've verbally modified, then the whole time period might be "on the table."
Custody and parenting time are decided in the best interests of the child. If you are seeking custody only to avoid paying future child support, this is not advisable, as the courts are savvy to such things and this is not considered in the best interests of the child. Generally, the court expects fit parents to co-parent their child in some fashion.
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