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Stacy Adkins
Stacy Adkins, Lawyer
Category: Family Law
Satisfied Customers: 158
Experience:  Law Clerk for 7 years
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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: 1 year ago.
Category: Family Law
Expert:  Stacy Adkins replied 1 year 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 1 year 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.

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