Child Support

questions & answers

Question: If the father in not on the birth certificate what steps need to be taken to option child support? Since the child is now 8 years old will the father have to pay back for those 8 years? Do they still owe child support if they are not employed or in jail?

Answer: The first step would be for you to file a paternity action in Superior Court in the county where you live.  You will need to serve those papers on the father.  A paternity action will not be required if the father is willing to sign an affidavit of paternity.  Once you have established under the law that he is the father, you will need to file a petition for child support in family court.  Will the family court make him pay 8 years of back support?  That may depend on the circumstances of your case, but generally the answer is no.  Even if unemployed, the court will impute an income based on his education, skills and work experience.  All the forms you need to file a paternity action and an action for child support are on the court's website.  It also has instructions for how to serve the papers.  Go to: https://www.azcourts.gov/selfservicecenter/Family-Law-Forms.

QUESTIONS

  • If the father in not on the birth certificate what steps need to be taken to option child support? Since the child is now 8 years old will the father have to pay back for those 8 years? Do they still owe child support if they are not employed or in jail?

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • Age discrimination in the workplace. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS