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Question:
How far back can a mother request child support for a child a did not know about?
I recently found out I have a pre-teen child I never knew about. After much litigation, I am now legally named as the father and through counseling I am starting a relationship with the child. My ex wants back child support, daycare, and medical from the day of birth. How can I be responsible to back pay thousands of dollars for support for a child I didn’t even know about? I wasn’t trying to dodge support, and I am now paying child support. I am retaining a local attorney but want to know what I may be looking at and how far back can she request for child support?
Answer:
Congratulations on discovering that you have a child and on beginning the process of building a relationship with your child.
Under AZ law, she can ask for and will likely be awarded up to 36 months of back child support for the months prior to serving you with the Paternity action, plus the months after serving you that accrue prior to the entry of the actual Child Support Order.
The Judge will likely order that you pay current support each month, plus $50 – $100 on the arrears.
The more time that you are awarded with the child, the less you will have to pay each month in Child Support.
Good luck!
Patrick Sampair
The Sampair Group, PLLC
Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
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Phoenix: 602.997.7717
East Valley: 480.636.1333
To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at Sampair Group.
