Retroactive support Please help Arizona

[thorpe]

I have a child support order from Arizona and I now live in Kentuky I have visitationa with my children and she and the kids still live in Arizona I had a order to pay child support based on my income of 2000 when we first got divorced. About 3 years ago I got a new job making about 4000 a month. We are supposed to exchange tax returns and I antempted to do so twice about 6 and 4 years ago and she never sent back any information so I have not gone out of my way to sent my income information. Now she is going to take me back to court for more child support. Can they make it retroactive to the time I started my new job with a higher income????

 

[Sagart Prechan]

yes they can and will. I know it happened to me.

 

[thorpe]

Was this in Alaska or in Arizona are do all states do this?

 

[thorpe]

Fedral law

If Arizona law does allow retroactive child support could Federal law be used to argue the case??


_303.106 Procedures to prohibit
retroactive modification of child support arrearages.

(a) The State shall have in effect and use procedures
which require that any payment or installment of support under any
child support order is, on and after the date it is due:

(1) A judgment by operation of law, with the full
force, effect, and attributes of a judgment of the State, including
the ability to be enforced;

(2) Entitled as a judgment to full faith and credit in
such State and in any other State; and

(3) Not subject to retroactive modification by such
State or by any other State except as provided in paragraph (b) of
this section.

(b) The procedures referred to in paragraph (a)(3) of
this section may permit modification with respect to any period
during which there is pending a petition for modification, but only
from the date that notice of such petition has been given, either
directly or through the appropriate agent, to the obligee or (where
the obligee is the petitioner) to the obligor.

[54 FR 15764, Apr. 19, 1989]

 

[thorpe]

Well I did a little more looking and it seems to me that you may have got screwed because from what I can see they cant to that they can only go back to the date of filling for change or modification. Below is what the fredral law states.

9) Procedures which require that any payment or installment of support under any child support order, whether
ordered through the State judicial system or through the expedited processes required by paragraph (2), is (on
and after the date it is due)--
(A) a judgment by operation of law, with the full force, effect, and attributes of a judgment of the State,
including the ability to be enforced,
(B) entitled as a judgment to full faith and credit in such State and in any other State, and
(C) not subject to retroactive modification by such State or by any other State;
except that such procedures may permit modification with respect to any period during which there is pending a
petition for modification, but only from the date that notice of such petition has been given, either directly or
through the appropriate agent, to the obligee or (where the obligee is the petitioner) to the obligor.