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    daniftorres's Avatar
    daniftorres Posts: 1, Reputation: 1
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    #1

    Nov 2, 2011, 05:28 PM
    Can I sue for back child support with a current order in effect?
    My daughter is 2 1/2 and I recently got the court order with our divorce decree in August. The father has paid me three times since then and is not in default at the moment. During our divorce mediation, I asked about back child support and the mediator told me it was a separate matter. I want to know if I can sue dating back to the time the father and I weren't together with this order already in effect? Can I modify it. I'm in AZ
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Nov 2, 2011, 05:34 PM
    No, you had your day in court and it sounds like you may have missed it.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Nov 2, 2011, 06:24 PM
    You can't ask for back support if there was no order in place prior to the one just granted. Sorry.

    The only way you could collect any back child support would be if there had been a temporary child support order in place.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 2, 2011, 06:30 PM
    If you state would have allowed it ( most don't) when you filed the first order, you would have asked for the back, you did not do it. ( and I do not believe your state allows it anyway) So no, why did you not file sooner ?
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