questions & answers

Question: I divorced in Seattle 11 years ago and my ex moved down to Phoenix with my son and I moved down here 5 years ago. He is 13 now and I have always paid child support but I have no record of it, as we did not go through the courts for this. I am getting married in a few months and want to have something signed or some document stating that I have paid child support for the last 13 years and something that shows I continue to pay directly to her every month. Is there something like that here in AZ that will protect me from her stating I never paid?

Answer: In Arizona, if no child support order currently exists, the court may issue a retroactive support obligation dating back to the date of a divorce judgment. The court will follow the child support guidelines implemented by the Arizona Supreme Court and will take into consideration any voluntary support payments that have been made. A.R.S. § 25-320(b). However, previous voluntary payments may be considered a gift and not support if there is no court order requiring support. There is no specific document you can file with the court, but you may be able to submit something in writing that indicates you’ve been paying support and have your ex spouse sign it. An attorney can discuss different options available if no record of child support exists and can advise you on how to proceed.