Legal Question in Family Law in Arizona
Statute of limitations
My neice is now 15 years old. Her mother never proved paternity (there was another man involved), she now wants to go after my brother for the last 15 years for child support. Is it possible for her to collect support for the last 15 years? My brother now has three of his own children and a wife to support. My nieces' mom is getting divorced from the man who has been raising my niece for the last 14 years and is looking for money from anywhere she can find it. After paternity is proved, what will happen?
2 Answers from Attorneys
Re: Statute of limitations
Sent 6/29/2004
Arizona limits "back child support" to three years prior to filing. After paternity is established, then the Court has the right to enter appropriate Orders regarding Custody, Access, current Child Support and back Child Support.
I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. 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 Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
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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
Re: Statute of limitations
Thank you for your inquiry.
In Arizona, child support can be requested going back 3 years from the time of the petition. This means that if the mother files for paternity on 7/1/04, she can request support going back to 7/1/01 (even if it takes many months to establish the paternity and support).
If your brother is served with paternty/support paperwork from an Arizona court, he is welcome to contact our office to schedule a free initial consultation.
Sincerely,
Monica Donaldson
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