Child Support

questions & answers

Question: I was granted a divorce in Arizona in 1998, my husband never paid child support or alimony. Can I request the court to get him to pay it to me now, even though it is years later?

Answer: A.R.S. § 25-503, and in particular, Subsections (I), (J) and (L) discuss orders for support. With each missed payment, you received a "vested right" to apply for a judgment against your ex-husband. In fact, an "obligee" in your shoes (i.e. someone who receives child support) may generally pursue the debtor at any time, although - as you will see from the other sections in this law, you run the risk of losing that option if you wait too long after your youngest child reaches the age of majority. A.R.S. § 25-503(L) permits you to file a "request for judgment on arrearages" (with an affidavit) at the clerk's office. Once you serve your ex-husband with that paperwork, he has 20 days (or 30 days, if you serve him outside of Arizona) to challenge your request. If he fails to respond, the court must review your documents and grant the appropriate judgment.