questions & answers

Question: I have just been contacted by "my" sons mother, he is 13 and there is no paternity proof yet, can she make me pay back support? I am in the starts of paternity testing and said I agreed to go to mediation, she doesn't want to go to court. But I don't trust it not all being at least tracked through the courts.

Answer: The following is provided for general information only. Please read the Child Support article (http://www.azlawhelp.org/articles_info.cfm?mc=1&sc=2&articleid=53) on this site for additional information. According to A.R.S. § 25-809 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00809.htm&Title=25&DocType=ARS), if the issue of paternity is decided in the affirmative in an action commenced when the child is a minor, the court will use a retroactive application of the current child support guidelines. According to A.R.S. § 25-320 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00320.htm&Title=25&DocType=ARS) , if the parties lived apart before the date of the filing for child support and if child support has not been ordered by a child support order, the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for child support. If the court determines that child support is appropriate, the court will direct the amount that the parents must pay for the past support of the child and the manner in which payments must be paid. The court will take into account any amount of temporary or voluntary support that has been paid. Child support is determined by court order; therefore, a determination cannot be made through AZLawHelp. To find out how the law applies to specific circumstances, please explore the Legal Assistance (http://www.azlawhelp.org/legalaidlisting.cfm) page on this website to seek legal assistance from an attorney.