How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stacy Adkins Your Own Question
Stacy Adkins
Stacy Adkins, Lawyer
Category: Family Law
Satisfied Customers: 158
Experience:  Law Clerk for 7 years
95838073
Type Your Family Law Question Here...
Stacy Adkins is online now
A new question is answered every 9 seconds

I am going through my husbands current Child Support as we

Customer Question

I am going through my husbands current Child Support as we are getting ready for a modification. As I am looking at the paperwork I see that on 6/1/2006 when the original order was filed with his ex wife it was never taken into account the support that we was paying for his daughter. As a result he was ordered to pay $523.00 monthly. On 5/1/2009 a modification was done lowering the payments to $306.36 monthly. Being that the original was done in 2006 is there any way to fight the overpayment since his daughters support was not included and have that applied to the back support that is owed?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Arizona
JA: Have you talked to a laywer yet?
Customer: Not yet Wondering if it is even pausible due to the time that has passed
JA: Anything else you want the lawyer to know before I connect you?
Customer: The only other thing would be that he never signed the documents in 2006 as per the wife's lawyer he could not be found
Submitted: 5 months ago.
Category: Family Law
Expert:  Stacy Adkins replied 5 months ago.

Hi thanks for your message. I'm Stacy. Give me a bit to review your issue and I'll be back shortly.

Expert:  Stacy Adkins replied 5 months ago.

I have reviewed your issue and Arizona law. I wish I had better news for you. Unfortunately, In Arizona the court cannot modify child support retroactively. A.R.S. Section 25-327.A. clearly establishes that child support modifications “are effective on the first day of the month following notice of the petition [for modification] . . . .” “Notice” of the petition to modify is usually the date the petition is served on the other parent. If there are overpayments remaining when the child turns 18, you can apply to get that amount back. This code section explains how that process works. The main thing in these situations is to remain vigilant in checking the paperwork, reporting any changes to the court quickly and filing for modifications as soon as possible if there is a substantial change in circumstances where another child comes into the picture, loss of income, etc.

I'm sorry I don't have better news. But I do hope you found my information helpful. If so, please leave me a positive rating. This is the only way Just Answer compensates its experts for their work. Thank you!

Related Family Law Questions