s there any way I can get compensated for these two years of non-support of our children by my spouse while we were separated?

Full question:

My husband and I have been living apart for about two years now. We are residents of Tucson, Arizona. He runs a successful auto resale business and has a steady beefy income. But since our split, he has not paid a dime out of his pocket for his two kids who are with me. Now, he has finally filed for divorce. I have been through a lot of financial crunches to keep up the lifestyle my kids were used to when all of us were living together. I know that the court will, in all probability, order for child support in the final decree of divorce. However, is there any way I can get compensated for the financial struggles I have been through alone in these two years?

• Category: Divorce
• Subcategory: Child Support
• Date: 04/07/2025
• State: Arizona

Answer:

Yes. In Arizona, the law does provide for a retroactive payment of child support if the court feels that it is justified. However, the courts shall look into the “relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse.”  The provision governing this particular instance is discussed in subsection C of A.R.S. § 25-320 which reads:
 

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C. If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or 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 dissolution of marriage, legal separation, maintenance or child support. The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has been paid.
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