getting a child support order

[support help]

What is the name of your state? Arizona
My husband has custody of his son. When they were in court for child support he waived the support at the time to give his ex-wife a chance to get a job, or disability (which she said she had applied for at the time and was waiting for an answer). The judge stated that this is a temporary waiver so that she can get an income to help support her child. The judge also stated that my husband would have the right to reinstate the child support order. Recently he found out that at the time this order went into effect that the ex-wife was receiving disability and had been for 2 1/2 years prior to the order. (She dragged out the custody battle for 3 years) He has finally located her since finding this out. What we would like to know is what does my husband have to do now to get the child support reinstated for this case, and since he has the proof from the government of when the disability started, can he also get the support back dated from the time of court when it was first waived, since he believed she was being honest with him in court. Any advise or help would be grateful.

 

[VeronicaGia]

He can file for child support or a modification of the current support order set at zero. He likely cannot get support for prior periods, since support orders are issued based on the date of filing. However, he will want to bring up his proof to a judge and see what a judge will decide, but he should not count on it.

He definitely should file for support though. His local child support office may be able to help by giving him forms, but he needs to know how to serve the forms properly. Maybe start by hiring an attorney.

 

[Pfaffing85690]

The judge also stated that my husband would have the right to reinstate the child support order. Recently he found out that at the time this order went into effect that the ex-wife was receiving disability and had been for 2 1/2 years prior to the order.

Sorry VG, but I'm going to have to disagree with you on this one. A temporary waiver CAN be withdrawn and back child support can be ordered based on fraud and perjury.

Tell hubby to immediately file a show cause for contempt of court and to offer his proof. This woman is going to be lucky she doesn't end up in jail AND with a hefty arrearage.

 

[support help]

Thank you both for the help you have given. My husband has tried to call the local Child Support office, and was put on hold for over 2 hours.
He is going to go to the court house and file for the child support to be reinstated.
Hopefully this will be processed before she decides to move again on us.

 

[VeronicaGia]

Sorry VG, but I'm going to have to disagree with you on this one. A temporary waiver CAN be withdrawn and back child support can be ordered based on fraud and perjury.

Tell hubby to immediately file a show cause for contempt of court and to offer his proof. This woman is going to be lucky she doesn't end up in jail AND with a hefty arrearage.

No need to apologize. I learned something today! Some of us (me) don't mind being corrected if we give incorrect information. Thank you for making sure the poster got the correct info.