Child Support

questions & answers

Question: Can the non-custodial parent gain legal status if he/she owes 5 years of back pay child support?

Answer: In Family Court, everything depends on the circumstances of the case.  If the custodial parent becomes incapacitated and unable to care for the child or if the custodial parent is in prison, the noncustodial parent could get custody even if he or she owes back support.  In normal circumstances, a failure to pay child support for 5 years would be a factor the judge would consider in deciding custody.  If you need detailed advice or information, you will need to consult a lawyer.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is  $75 per  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 30 minute consult with an experienced attorney for $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.