Child Support

questions & answers

Question: If my ex-husband owes back support, and now our daughter is living with him, does he still owe the back support, and do I need to start paying support to him?

Answer:

For a child support order to be modified (i.e. for him to stop paying you and perhaps for you to start paying him) your ex-husband (or you) will need to file a petition for modification with the court.  The petition would inform the court that your daughter is now living with your ex-husband and that child support should be recalculated considering the physical custody and/or parenting time changes.  If nothing is done to modify the child support order (which requires him to pay), it remains in effect.   Note the following statutory language regarding child support modification:

....Modification and termination are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination... See, ARS § 25-503(E).

Note, if a modification of child support is filed (i.e. by your ex), it is possible that you will be ordered to pay him child support and he still will be found to be in child support arrears to you.  In this circumstance, the court may offset what is owed to you with your potential monthly obligations to him. 

The outcome truly depends on all the facts and circumstances. You may want to speak with an attorney about the specifics of your situation as family law can be a complicated area of law.