Child Support

questions & answers

Question: Have been divorced 9 years. Have never been behind on child support. Ex-wife has never asked for an increase in support even though my salary has gone up significantly. Could she theoretically sue me to collect the support she would have received had she filed for an increase years ago?

Answer: I don't see how. A.R.S. § 25-503(E) provides that "any order for child support may be modified or terminated on a showing of changed circumstances that is substantial and continuing, *except* as to any amount that may have accrued as an arrearage before the date of the notice of the motion or order to show cause to modify or terminate" (emphasis added).
The statute goes on to say that the judge may select a different date for putting the modification into effect, so long as it does not predate the filed attempt to change the obligation. It's a due process issue, and you're probably fine. If you wish to be absolutely sure, then of course, you should always consider consulting with a private family law attorneys who specializes in child support issues.

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  • Have been divorced 9 years. Have never been behind on child support. Ex-wife has never asked for an increase in support even though my salary has gone up significantly. Could she theoretically sue me to collect the support she would have received had she filed for an increase years ago?

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