By Arizona Family Law Attorney Alison Briggs

Child support plays a crucial role in ensuring the well-being of children in divorced or separated families. In Arizona, like in many other states, child support laws are designed to provide financial support for the child’s needs. One aspect of child support that often raises questions is retroactive child support. In this comprehensive blog, we will delve into the laws in Arizona regarding retroactive child support payments. We will discuss what retroactive child support is regarding Arizona family law cases, situations when retroactive child support may be ordered, how far back it can be ordered, and the key differences between back child support and retroactive child support.

What is Retroactive Child Support?

Retroactive child support refers to child support payments that are ordered by a court to cover a period before the child support order was officially established. In essence, it addresses the financial support that a parent should have provided for their child before a formal child support order was put in place.

Situations When Retroactive Child Support May Be Ordered

In Arizona, retroactive child support may be ordered in specific situations. It’s important to note that each case is unique, and the decision to award retroactive child support is made by an Arizona Family Law Judge based on the specific circumstances. Here are some situations when retroactive child support may be ordered:

• Delay in Filing for Child Support: If a custodial parent delays filing for child support, and it is later determined that the non-custodial parent should have been providing support during that period, retroactive child support may be considered.
• Paternity Establishment: When paternity is established after a significant period has passed since the child’s birth, the court may order retroactive child support to cover the period from the child’s birth until paternity was established.
• Failure to Comply with Previous Support Agreements: If the non-custodial parent has previously agreed to provide support but failed to do so, the court may order retroactive child support to cover the unpaid support from the date the support should have been provided.
• Change in Custody: In cases where the child custody arrangement changes and the non-custodial parent becomes the custodial parent, the previous custodial parent may be required to pay retroactive child support to cover the period during which they had custody.

How Far Back Can Retroactive Child Support Be Ordered in Arizona?

Arizona Revised Statute 25-320 guides retroactive child support. According to this statute, retroactive child support can typically be ordered for a period of up to three years before the date a petition for child support is filed. However, the court has the discretion to order retroactive support for a longer period if it deems it necessary in the best interests of the child.

It’s essential to consult with an experienced family law attorney in Arizona to understand the specific factors that may influence the court’s decision regarding the duration of retroactive child support.

The Difference Between Back Child Support and Retroactive Child Support in Arizona

Now, let’s clarify the difference between back child support and retroactive child support in Arizona:

• Back Child Support: Back child support, also known as arrears, refers to the unpaid child support that has accrued after a child support order has been established. It represents the ongoing financial obligations that a non-custodial parent has failed to meet.
• Retroactive Child Support: Retroactive child support, as discussed earlier, covers the period before a formal child support order was established. It addresses the financial support that should have been provided by the non-custodial parent during that pre-order period.

In summary, back child support deals with unpaid support after a court order is in place, while retroactive child support addresses the support that should have been paid before the court order existed.

Contact an Experienced Arizona Family Attorney for Assistance

Understanding the laws regarding retroactive child support in Arizona is essential for both custodial and non-custodial parents. It’s crucial to be aware of the situations when retroactive child support may be ordered and the duration for which it can be ordered, as outlined in Arizona Revised Statute 25-320. Additionally, distinguishing between back child support and retroactive child support is essential for a clear understanding of your child support obligations or rights in Arizona. If you find yourself dealing with child support issues in Arizona, consulting with a qualified family law attorney is advisable to navigate the legal complexities effectively and ensure the best interests of the child are protected.

Consequences of Not Paying Child Support in Arizona

Failing to pay child support in Arizona can have serious consequences, both legally and financially. Here are some of the potential repercussions for non-payment of child support:

• Legal Action: The custodial parent has the right to take legal action against the non-custodial parent for non-payment. This can result in court proceedings, where the non-custodial parent may be required to provide a valid reason for non-payment.
• Wage Garnishment: Arizona law allows for the garnishment of the non-custodial parent’s wages to ensure child support payments are made. This means that a portion of the non-custodial parent’s income may be automatically deducted and sent to the custodial parent.
• Driver’s License Suspension: If child support payments are significantly overdue, the Arizona Department of Economic Security (DES) has the authority to suspend the non-custodial parent’s driver’s license. This measure is taken to encourage compliance with child support orders.
• Property Liens: The court may place liens on the non-custodial parent’s property or assets, such as real estate, to secure the payment of past-due child support.
• Interest Accrual: Unpaid child support may accrue interest, increasing the overall amount owed. This can result in a substantial financial burden for the non-custodial parent.
• Contempt of Court: If a court order for child support is in place, failing to comply with it can lead to a finding of contempt of court. Contempt of court may result in fines, penalties, or even imprisonment in extreme cases.
• Credit Damage: Non-payment of child support can negatively impact the non-custodial parent’s credit score, making it difficult to obtain loans, credit cards, or housing.

How to File for Back Child Support in Arizona

Filing for back child support in Arizona typically involves the following steps:

• Consult an Attorney: It’s advisable to consult with an experienced family law attorney who can guide you through the process and assess the viability of your claim.
• Gather Documentation: Collect all relevant documentation, including court orders, records of missed payments, and any other evidence that supports your claim for back child support.
• File a Motion: Your attorney will help you file a motion with the court requesting back child support. This motion should outline the reasons for seeking back child support and provide evidence of the unpaid amounts.
• Serve the Other Parent: Proper legal procedures require serving notice of the motion to the other parent, allowing them to respond.
• Court Hearing: The court will schedule a hearing to review your case. Both parties will have the chance to present their arguments and evidence.
• Court Decision: Based on the evidence presented and the applicable laws, the court will decide on back child support. If granted, the court will determine the amount owed and the payment schedule.

Recommendation: Hire an Experienced AZ Child Support Attorney

Navigating child support matters in Arizona, especially when seeking back child support, can be complex and emotionally challenging. Phoenix Divorce Attorneys is a reputable law firm with experienced family law attorneys who can provide valuable assistance in your child support case. Their expertise in Arizona family law ensures that you receive knowledgeable guidance and representation throughout the legal process.

In conclusion, complying with child support obligations in Arizona is crucial to avoid legal consequences. If you are owed back child support or require legal assistance with child support matters, it is highly recommended to seek the help of an experienced Arizona family law attorney to protect your rights and ensure the best interests of your child are upheld within the bounds of Arizona law.

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Office: (480) 833-8000

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

In today’s digital age, harassment has taken on new forms, creating a pressing need for legal tools to protect individuals from unwanted and harmful behaviors. In Arizona, one such legal recourse is the Injunction Against Harassment (IAH), a powerful tool that protects against harassment, threats, and intimidation. This blog will delve into the concept of Injunctions Against Harassment in Arizona and the role of criminal defense attorneys in Phoenix and Tucson, serving Pima, Pinal, and Maricopa counties. To schedule your free consultation with an experienced Arizona family lawyer, call 602-609-7000.

What is an Injunction Against Harassment?

An Injunction Against Harassment, commonly known as an IAH, is a court order designed to prevent someone from engaging in harassment or abusive behaviors against another person. Harassment can take various forms, including verbal, electronic, or physical harassment, and it can cause significant emotional distress and fear for the victim. Harassment can also include inappropriate sexual behavior and sexual violence.

Arizona’s statute for IAHs is A.R.S. § 12-1809. It describes the requirements for an IAH, including requirements for the defendant or accused and the alleged harassment that occurred. Skilled attorneys can assist litigants in creating clearer and more convincing motions about an IAH. Both describing repeated harassment and convincingly denying harassment allegations can be more difficult than one might presume in the heat of the moment. An IAH can’t be issued against more than one party- if the plaintiff is experiencing harassment from a group of people, they will need a separate IAH against each party. The court won’t grant an IAH against a party who is younger than 12 years old unless designated by a juvenile court. You can find more information about protective orders in Arizona on AZPOINT, which is a free online service.

In Arizona, an IAH is valid for one year after its issue date. However, it doesn’t become enforceable when it is issued- it becomes enforceable when it is properly served upon the defendant.

An IAH can prohibit the alleged harasser from:

• Contacting or communicating with the victim.
• Approaching the victim’s residence, workplace, or school.
• Engaging in any form of harassment, threats, or intimidation towards the victim.
• Any other relief the court deems necessary.

How to Obtain an Injunction Against Harassment in Arizona

To obtain an IAH in Arizona, an individual must follow these general steps:

• Filing a Petition: The victim or petitioner must complete and file a petition with the court. The petition should detail the specific incidents of harassment, including dates, times, and locations, and provide evidence of the harassment.
• Requesting a Hearing: Once the petition is filed, the court may grant a temporary order, providing immediate protection until a hearing can be held. A hearing is usually scheduled within a few weeks to determine whether a permanent IAH is warranted.
• Presenting Evidence: At the hearing, both parties may present evidence and testimony to support their positions. A defense attorney should be savvy about the questions that should be asked and the issues that should be raised to interpret the evidence in the most favorable way for their client. The court will then decide whether to issue a permanent IAH.
• Appeal or Modify, If Necessary: If a petition for an IAH is granted but the accused believes it is in error, they should appeal the decision or request that the court modify the IAH. It can be difficult to convince the court to overrule a previous ruling. Hiring your attorney before the original hearing guarantees your attorney will be knowledgeable about your case and need less time to prepare for the appeal or modification process.

These four steps are boiled down to the most essential processes for an IAH. A skilled attorney can help you delve into them to create the most effective case given the circumstances surrounding your IAH. For your free consultation with an experienced member of our Phoenix and Tucson defense team, call 602-609-7000.

The Role of Family Law Attorneys in IAH Cases

When an Injunction Against Harassment (IAH) is pursued within the realm of family law, individuals accused of harassment have the right to defend themselves. Here, experienced family law attorneys in Phoenix and Tucson are crucial. Our office offers free consultations with knowledgeable lawyers, which you can arrange by calling 602-609-7000 or visiting us online. Their assistance includes:

• Legal Representation: Family law attorneys provide dedicated legal representation to individuals accused of harassment in a family context. They work to construct a solid defense, contest presented evidence, and ensure that the accused’s rights are upheld throughout the legal proceedings.
• Expertise in Cross-Examination: These attorneys skillfully cross-examine witnesses and challenge the petitioner’s assertions during the IAH hearing. They aim to cast doubt on the allegations against their clients, scrutinizing the petitioner’s statements and any witness testimony.
• Support Throughout the Process: The IAH process can be emotionally taxing, especially in family law cases. Family law attorneys and their staff provide ongoing support, addressing concerns not only in court but also between critical hearings and legal steps. They are available to answer questions and provide updates on the case.
• Negotiation Skills: In some instances, family law attorneys may engage in negotiations with the opposing party to find a resolution that avoids a permanent IAH while addressing the needs of both parties involved.
• Appeals and Modifications: If a permanent IAH is issued, the attorney can assist in exploring options for appealing or modifying the order. An appeal could lead to the overturning of the IAH, while modifications might involve changing specific terms, like restrictions on places the accused can visit.

This overview highlights the vital role family law attorneys play in IAH cases, ensuring that the legal process is fair and balanced, particularly in the sensitive context of family relationships.

Fight Back Against an Injunction Against Harassment With Our Phoenix and Tucson Legal Team

Injunctions Against Harassment in Arizona are a crucial legal tool in family law, protecting individuals from harassment and threats within family dynamics. In scenarios where an IAH is relevant in family law, both the petitioner and the accused are entitled to legal representation. Family law attorneys in Phoenix and Tucson, serving Pima, Pinal, and Maricopa counties, are instrumental in ensuring a fair and equitable legal process for everyone involved.

If you or someone you know is dealing with harassment allegations within the family or seeking protection through an IAH in a family law context, it’s critical to consult with an experienced family law attorney. They can offer essential guidance and advocate for your rights in the family legal system. The intricacies of family law allow for diverse interpretations and strategic approaches, and the right attorney can significantly influence the outcome of your case. Engaging with attorneys who provide free initial consultations can be economical, allowing you to explore various legal options without incurring high costs initially. Phoenix Divorce Attorneys specializes in family law, offering professional representation that begins with a free and fair initial consultation. To discuss your family law situation with no risk or obligation, start by calling 602-609-7000.

My AZ Lawyers
Office: (480) 833-8000

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308

As with all other types of law, the field of family law is constantly changing and expanding. Arizona’s state legislature makes frequent changes to the family law rules of procedure, or the laws regarding how matters should be conducted in a family law setting. On August 22, 2023, the Arizona Supreme Court held a Rules Agenda in which several changes were made to the state rules of family law procedure. There will be another Rules Agenda held on December 5, 2023, to confirm these changes to the rules and make them permanent. These rules could have little to no effect on how you conduct your family law case, or they could be relevant enough to provide some benefit or disadvantage. You can find some of the changes that were made to Arizona family law below. If you need additional information about how they could affect your case, or if you are seeking an experienced family law attorney to take on your case, call 602-609-7000 for your free phone consultation with our firm.

Rule 84: Motion for Clarification

This rule was amended to add a 6-month time limit for a litigant to petition the court for a motion for clarification. A motion for clarification under Rule 84 can be issued to explain the court’s decision if it is confusing or susceptible to more than one reasonable interpretation. Previously, there was no time limit to file such a motion in an Arizona family law case. The nonmoving party should be provided with an opportunity to respond to the motion for clarification. The court can’t reopen a case or hear additional evidence through a motion for clarification petition. 

New Rule 81: Post-Judgment Parenting Time Supervision & Case Implementation Supervision

Rule 81 states that parenting time orders must be consistent with the child’s best interests. If the court finds that “without a continuation order the child’s physical health would be endangered or the child’s emotional development would be significantly impaired, the court may order parenting time or case implementation supervision consistent with the child’s best interests.” Parenting time supervision is also known as supervised visitation, or when a third party is physically present during parenting time to make sure the child isn’t endangered. This might be ordered if the defendant has been convicted of dangerous crimes or has a history of substance abuse. Case implementation supervision is when a third party monitors to make sure the parents are abiding by the terms of their custody orders. This might occur if either parent has committed custodial interference or parental alienation. The parents can agree upon a supervisor from a list provided by the court, or the judge can select the supervisor. The appointment order should indicate who will be responsible for the supervisor’s fees. 

Rule 48: Emergency Temporary Orders (Without Notice)

This rule specifies that a party may request emergency temporary orders in a family law case at the same time as filing a pre-decree or post-decree petition. Under Rule 48, the court should only hold an accelerated hearing on emergency temporary orders if the party’s petition sets forth the specific relief requested and the specific facts that support that relief, and if it provides specific facts that establish why an emergency or accelerated hearing is required. The petition can be granted without notice if the motion clearly shows by specific facts that if an order is not issued before the adverse party can be heard, the moving party or a minor child of the party will be irreparably injured, or irreparable injury, loss or damage will result to the separate or community property of the moving party. The court must hold a hearing on the temporary orders no less than 10 days after they are issued. 

Rules 44.1(e), 45(c), 78(g), 91.3, & 97: Education Orders

This new rule requires Arizona parents addressing physical and/or legal custody issues to submit an education order when entering a final judgment. An education order clarifies many issues that are relevant to a minor child’s schooling. The parents should provide their child’s school with a copy of the education order for their purposes, but the order is only binding on the parents. The education order should inform the school which types of legal decision-making rights each parent has. The education order should inform the school which types of legal decision-making rights each parent has under Rules 44.1(e), 45(c), 78(g), 91.3, and 97. It should also include a schedule of when each parent should pick up the child, but the school shouldn’t limit parental contact unless otherwise ordered. If applicable, the parents should include a list of individuals who are authorized to pick the child up from school. The order should indicate whether both parents have access to school grounds and activities in compliance with school policies. It also needs to indicate if both parents should be able to access the child’s school records and parent portal, as well as attend parent-teacher conferences.

Rule 34: Continuances & Scheduling Conflicts

A party who is requesting a continuation of a trial, hearing, or conference on a basis of good cause other than unavailability and scheduling conflict under Rule 34, must show five things:

• The basis for the good cause for a continuance;
• When the party learned of the circumstance(s) which form(s) the basis for the good cause and why the motion was not or could not have been brought at an earlier date;
• The party’s diligence and efforts in attempting to avoid the circumstance(s) which form(s) the good cause for the continuance;
• The prejudice which may be caused to either party or any children at issue in the action by granting the continuance and by denying the continuance; 
• The continuance is sought in good faith and not for delay or another improper purpose. 

Rule 44.1: Default Decree or Judgment by Motion & Without a Hearing

The changes to Rule 44.1 indicate that a spouse seeking spousal maintenance should use the spousal maintenance calculator provided by the court. However, a calculation obtained using the court guidelines can’t be used as evidence that the spouse is entitled to spousal maintenance under Rule 44.1. If the parties agree to spousal support, they must include a proposed spousal maintenance order supported by a Spousal Maintenance Guidelines worksheet. This worksheet is generated by filling in information from the spousal maintenance calculator. If the parties deviate from this amount, they should state the basis for doing so.

Trust Your Arizona Family Law Case to the Professionals

Family law is already complicated enough before factoring in rules of procedure that are changed and updated each year. Your case could even last long enough that changes to family law procedure could take effect before your orders are finalized. Without extensive experience and knowledge in Arizona family law, these issues can be highly difficult to navigate. At Phoenix Divorce Attorneys, we make these issues approachable and understandable while eliminating most of the legwork for their clients. A quality family law attorney is even more crucial in high-conflict cases where the parties have vastly different desired resolutions. Overturning finalized family law orders is an uphill battle that will be costly from a financial and emotional standpoint. Don’t leave any factors up to chance- hire a family law attorney who makes you feel secure and confident about the process. To schedule your free consultation by phone with one of our experienced Arizona family lawyers, call 602-609-7000. 

My AZ Lawyers
Office: (480) 833-8000

Phoenix Family Law Office
668 N. 44th St., Ste 320
Phoenix, AZ 85008

Scottsdale Family Law Office
7135 E. Camelback Rd, Ste 230
Scottsdale, AZ 85251

Avondale Family Law Office
12725 W. Indian School Rd, Ste E-101
Avondale, AZ 85392

Mesa Family Law Office
1731 W. Baseline Rd., Ste 100
Mesa, AZ 85202

Glendale Family Law Office
20325 N. 51st Ave., Ste 134
Glendale, AZ 85308