Q: Can dad request a modification for child support if I've already submitted an enforcement
I filed for enforcement for child support, dad said he's not working and can't because of medical reasons and has documents (he says) to provide if needed. He informed me that he'll be petitioning to modify child support before hearing to show he's unable to work....what will happen to my enforcement, once he submitted to modify?
A: The modification will not affect your enforcement. Modifications are prospective only; they do not go back in time and adjust any child support amounts from previous months. He will still owes your for any missed child support payments from the past.
Rich J. Peters agrees with this answer
A:
Filing a petition to modify in response to a petition for enforcement is very common. One defense to a contempt finding is to prove that you did not have the ability to comply with the current child support order. So in order to try to take the position that he could not afford to pay, he's filing to modify to lower child support to an amount that he can afford to pay. However please remember that Arizona does not permit retroactive child support modifications, so any modification that he is ultimately granted can only begin the first day of the first month after he had you served with the petition to modify.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
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