questions & answers

Question: My boyfriend(40)has spent alot of time, in the past 2yrs, in & out of jail for child support.Someone told him that he will not have to pay support for the months he was in there.Is this true? Are there any forms for this? Also, if he asks for a modification can he get it retro active/back dated to when he lost his job? Are there any forms for this?

Answer:

For information concerning child support payments please review the article on this website tilted “Child Support”.

You may also want to review the Arizona Revised Statutes. Title 25 Martial and Domestic Relations provides Arizona Statutes concerning child support.  ARS §25-683, explains procedures after arrest for failure to pay child support. Either parent may request in writing that the court modify a custody order. To change an existing order it must be shown that the best interests of the child are served. The request is filed with the Clerk of the Superior Court and a fee for filing is charged; however, there are limitations on requesting a modification. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the child's physical, mental, emotional or moral health. If a form of joint custody has been ordered, a modification may be requested at any time if there is evidence that domestic violence, spousal abuse or child abuse has occurred since the date the last order was granted. In a joint custody situation, a parent must wait six months before seeking a modification if the reason for the request is that one parent has failed to obey the court's custody order.

ARS 25-411 – Modification of Custody Decree.

Please visit the Arizona Superior Court website and click on the Self-Help Center. You will be able to find all of the available on-line forms here. Begin by looking under the category Family Law. Family law issues can be very complex and fact specific. Thus, your boyfriend may consider speaking with an attorney for detailed legal advice about his situation.