Child Support

questions & answers

Question: Live in arizona, maricopa county. My husband just found out he fathered a child who is now 10 years old (she never told him until 1 month ago). Can she sue for back child support from the time child was born??

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. § 25-320 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00320.htm&Title=25&DocType=ARS), if child support has not been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a child support proceeding. 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 use a retroactive application of the child support guidelines to 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.