In a paternity case where the child was born several years ago, can the court backdate the child support to a time prior to commencement of the proceedings?
Yes. The amount of time considered in a back child sup-port order depends on each case’s particular circumstances although 3 years is presumptively the correct amount of time. Under A.R.S. 25-809(B), the court can examine the reasons for the delay in establishing child support and apply its findings to the backdated order. If the court finds that one party was ill-motivated, difficult or hiding out, the court can make the child support order retroactive to the birth of the child even if more than 3 years.
Related Questions
- In a paternity case where the child was born several years ago, can the court backdate the child support to a time prior to commencement of the proceedings?
- Does the child support have to cover all the time since the child was born, creating arrearages just at the time the current payments are starting?
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