Phoenix, AZ asked in Family Law and Child Support for Arizona

Q: I'm still paying child support I had my daughter for 3 years already and the mom is in jail

We have joint custody by court order but the past 4 years I had my daughters

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Scottsdale, AZ
  • Licensed in Arizona

A: Until you go to Court to change it, the child support order remains in effect. You should file a Petition to Modify right away. Unfortunately, and I certainly recognize that this is hardly fair: But the Court can't go back in time and rectify the child support you owed for the past three years. If the state or Mom ever tries to enforce the past child support, you have an affirmative defense that the child resided with you under A.R.S. 25-503(J), but the Court does not have give you any credit for that. That's all the more reason, you should modify this now. You may want to modify legal decision-making and parenting time while you are at it.

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