Legal Question in Family Law in Arizona

In May 1999 I had a court hearing for issues with the mother of my children. She handed me support modification papers as we walked in that day. The judge scheduled a hearing in October 1999, since I hadn't been served and didn't have any documentation with me. The judge stated that the modification order was not to be retro-active to may, but the child support enforcement office did that anyway. I disputed this, and they relented, sending me a letter that I didn't owe that amount, and the order was to begin on 11/1/99, not 5/99. Ten years later they've 'reinterpreted' the order, placed the retro-active arrears back on my account, and charged me 10 years of interest. My question is this: since I wasn't served papers previous to the May 1999 hearing, is there any legal way for them to make the order retro-active?


Asked on 10/05/09, 12:50 am

1 Answer from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

I agree that under the circumstances you've described, it does not seem right for them to retroactively modify. BUT YES, back then, there was a legal theory to allow a retroactive modification: if you had more than one child, and one emancipated, then the Court WAS permitted to date the change backwards to the date of emancipation. That has since changed by caselaw.

Even if that was your circumstance, I propose a "Petition for Order to Show Cause re Arrearage Calculation". This would allow you a hearing, and then a Court Order, as to EXACTLY what you owe or don't owe.

We can certainly help you consider and then pursue your options.

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One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

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see our website at www.familylawaz.com

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Answered on 10/13/09, 12:02 pm


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