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will I get retroactive child support? II

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What is the name of your state? Arizona

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
 



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