[seanleslie7]

My question involves paternity law for the State of: Arizona

The mother of my child intentionally hid my child from me in hopes of trapping another guy to be the father and pay child support. (she told me this which I recorded and and emailed me explaining why she did it) When the other guy did not work out she came after me for back child support and child support.

I understand child support since he is my child and do not have a problem paying that. But arrears? Why should she get rewarded for lying over the past 5 years?

Do I have a case of reverse Paternity Fraud?

I have a right to know my son. My son has a right to know his father and his family. This has cost me physically, emotionally, and finacially. Can I file a Suit against her for Affecting Parent-Child Relationship and the arrearage amount?

[Mr. Knowitall]

I understand child support since he is my child and do not have a problem paying that. But arrears? Why should she get rewarded for lying over the past 5 years?

This statute applies in cases of divorce or separation; its language suggests that it does not extend to paternity situations. I don't see any authority applying it in paternity cases, but it gives you an idea of the type of defenses a court might consider when evaluating a delay in seeking child support.

If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has not been ordered by a child support order, the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has been paid.

There's some case law suggesting that you can raise the defense of "laches" - meaning "undue delay" - by the mother in brining her petition for support:

In Arizona, the equitable defense of laches may be applied in child support cases if the support-paying, noncustodial parent shows by clear and compelling evidence that the custodial parent unreasonably delayed bringing a claim for arrearages, and that the noncustodial parent was prejudiced by the delay.

I suggest consulting a family lawyer, to minimize the odds of getting socked with back support.

Do I have a case of reverse Paternity Fraud?

No.