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:
- State: Arizona
Answer:
Yes, in Arizona, you may be able to receive retroactive child support. The court can order this if it finds it justified, considering relevant circumstances, including the actions of both parties and how service of process was handled.
According to A.R.S. § 25-320(C), if you lived apart before the divorce filing and no child support order existed, the court can grant retroactive child support back to the date of separation, but not more than three years before the divorce filing. The court will evaluate all circumstances and, if appropriate, will determine the amount of support owed based on child support guidelines, while also considering any temporary or voluntary support that may have been provided.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.