• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

will I get retroactive child support?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
What is the name of your state? Arizona

This is information Belizebreeze provided regarding receiving retroactive child support. The information she provided is correct if the two individuals were married.

A. In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct. If no child support has been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding...

BelizeBreeze's agrument was that I was not to get retroactive support because I had not filed an order for support. I replied stating that my attorney stated I would receive retroactive support.

The correct information for individuals that were not married and seeking retroactive child support is as follows.

C. If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has not been ordered by a child support order, the court may order child support retroactively to the date of separation, BUT NOT MORE THAN THREE YEARS BEFORE THE DATE OF THE FILING FOR DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, MAINENANCE OR CHILD SUPPORT The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has been paid.

Point being that by law, if a couple has not been married, or separated (from date of separation) an individual has 3 years before the date of the filing (if there was one) to have the court order retroactive child support.

Self rightgeous BelizeBreeze doesn't know everything :D
 


Look BB may not suger coat answers and more than often will tell you exactly what you don't want to hear but I wouldn't burn that bridge. Especially b/c you may or may not be right. Read the wording, the Court MAY give you retroactive support, depends on why you waited to file and how are you going to prove date of seperation amonst other things such as you state that part C. is for unmarried couples which it specifically says "If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has not been ordered by a child support order, the court may order child support retroactively to the date of separation, BUT NOT MORE THAN THREE YEARS BEFORE THE DATE OF THE FILING FOR DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, MAINENANCE OR CHILD SUPPORT" Most of that has to do with married couples, for example "divorce" "legal seperation" "maintenance".

Anyway I am from AZ although they may, and I can't say they won't but it is my experience that the Courts see it as something you obviously didn't need, or were getting until the day you filed unless you can prove as stated in your post that you attempted to have him served and/or located to no avail. Good Luck and think twice before you attack one of the people who can help you the most
 

rmet4nzkx

Senior Member
Do you understand what the word, "MAY" means in legal terms? It doesn't mean that the judge "will" order retroactive child support as you claim your attorney said, most likely your attonrey said you "could" ask for retroactive child support, and if you read the words carefuly you will understand why most likely you will get child support only from the date of filing. You are very argumentitive and contrary and judges don't like that, so you better let your attorney do your talking for you.

BTW BB is male. :rolleyes:
 

BelizeBreeze

Senior Member
Look BB may not suger coat answers and more than often will tell you exactly what you don't want to hear but I wouldn't burn that bridge.
That bridge is already in cinders. I'll leave this post to Mary to decide whether or not it remains.
 
Well I tried to warn the poster but I guess too little too late. There has been more than once that you have told me what I didn't want to hear but guess what my fiance was that much more prepared for Court and I have yet to encounter a situation I posted to you or a few other senior members where you/they were wrong even if I wanted to believe that you would be. But I don't/won't discredit the fact that your advice along with rmet, IAAL and a few others helped my fiance win his case b/c you didn't sugar coat he knew what to expect and was prepared for it. Thanks again I just hope the OP figures out the mistake and is able to talk you into helping again.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top