Legal Question in Family Law in Arizona

Child support

In May, my son stopped going to daycare. He was with me for the summer so he would not have to go to daycare (even though I usually have him only every other weekend.) and now my ex-wife is home when he gets home from school so he has not been back to day care since. I have done the paperwork to modify child support for: no day care costs and his increased time with me. I finally have a court date in Feb. Since I have been paying a child support amount that includes an expensive daycare for my son, is it possible when I go to court to receive credit for that amount that I have been overpaying to my ex-wife? I would like an attorney to represent me.


Asked on 1/10/03, 12:54 pm

2 Answers from Attorneys

Jared Simmons Simmons & Gottfried, PLLC

Re: Child support

You can petition the court to seek a reimbursement for the day care costs you have expended unnecessarily but it is generally discretionary whether or not the judge will order those funds to be reimbursed. There are arguments that can be made and precedent for such action but without knowing more information, it is difficult for me to provide a less ambiguous answer.

Please feel free to contact me directly to discuss this in more detail. I can be reached at:

480-998-1500.

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Answered on 1/10/03, 1:56 pm
Rich Peters R. J. Peters & Assoc., P.C.

Re: Child support

Typically, you cannot ask for a "retroactive modification" of child support. Thus, the Court will not reimburse you for any overpayments towards non-existent daycare. I disagree with any opinions you may read to the contrary.

However, if the overall child support amount is reduced, the new, lesser amount can be backdated to the first day of the first month after you had her served. Thus, there may be some overpayments since that time.

I can explain the procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you about possible representation.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 1/10/03, 3:14 pm


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