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Questions Answered by Stephen M Vincent
1 Answer | Asked in Child Support for Arizona on
Q: I owe for 2 kids. How do I decide which child gets my child support payments
Stephen M Vincent
Stephen M Vincent
answered on Aug 11, 2022

Pay something for both.

If this Court-ordered child support, you'd better either pay the full amount or get the amount modified.

Falling behind on child support can financially ruin people. Interest accrues at 10%, you can't get rid of it in bankruptcy, there's no...
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1 Answer | Asked in Child Support for Arizona on
Q: Can a non custodial parent be charged child support in two different states? Can a felon be granted child support?

Custodial parent and child live in Florida and last year established child support in AZ. There is no indication that the state of FL is responsible for the petition. It only has the custodial parents name on it. And it says NO TANF. Non custodial parent is paying two states currently on child... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 27, 2022

There should only be one state that issues the actual child support order. The state that issued it first has continuing, exclusive jurisdiction to modify child support under A.R.S. § 25-1225. That state hangs onto continuing, exclusive jurisdiction to modify child support until both parents and... Read more »

1 Answer | Asked in Animal / Dog Law for Arizona on
Q: My dog killed a cat.

I was walking my dog on a leash through the neighborhood and he caught a cat the cat ran right by him and he caught him he was on the leash the whole time. what is my negligence. the owner came out and rightfully he was upset, I apologized profusely but two weeks have passed and he seems a little... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

I do think $40 and a pair of jeans is worth it just to avoid the hassle of a lawsuit and avoid the risk of possibly paying more at a Court. I'd have him sign something that it satisfies what you owe him for the death of his cat.

I will say this, though, only one of you had your animal...
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1 Answer | Asked in Civil Litigation, Collections, Consumer Law and Small Claims for Arizona on
Q: If a creditor gets a judgment against garnishee, and the garnishee pays that in full, Can they then collect from Debt?

Small Claim/ Civil Garnishment: If a creditor gets a judgment against a garnishee for failure to comply (not filing a garnishee answer), and the garnishee pays judgment in full, Can the garnishee then go after the Debtor for these funds?

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

It's possible. The proper thing to do when paying off a Court-ordered debt is to have the judgment creditor sign a Satisfaction of Judgment and file it with the Court.

That said, if you have a record you made the payment, you should notify the Court right away that you have paid it and...
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1 Answer | Asked in Family Law for Arizona on
Q: My ex stopped paying child support/benefits when our child turned 18 in 2016. She was in college 2016-2020.Does he owe?

He did not pay while she was in college. I was very ill and eventually disabled and on disability. I did not have the mental capability of addressing the issue real time. Our divorce decree indicated that he was to pay her medical, dental and child support. He canceled her benefits and did not... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 26, 2022

In almost all cases, a parent's obligation to pay child support ends when the child turns 18 and graduates high school. At that time, the parent also is no longer legally responsible to pay for the child's medical and dental insurance. Parents in Arizona are not required to pay for a... Read more »

Q: The Court says the recording of my hearing does not exist. How do the Memorandum for my Appeal?

No one can tell me what comes next. If I can't write the Memorandum, then I have no defense. Legal advise isn't common in my case. PLEASE HELP!

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

I don't know if you are appealing a civil matter or criminal matter. Regardless, the answer is the same: You prepare a "narrative" of what happened in Court, file it with the superior court, and the other party may then object to what you've written. You need to file this no... Read more »

1 Answer | Asked in Personal Injury and Small Claims for Arizona on
Q: I am suffering bulemia nervosa after a comment from an ex. My teeth are falling out and it is expensive. Can I sue him?

This probably sounds so crazy. But his comment lead me down a spiral of self-hatred and eventually forcing myself to vomit up food to be skinnier. And now, thanks to all that acid, my teeth have holes and I suspect I need around $10,000 to repair them completely, including 4 crowns and at least 20... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

I'm sorry to hear of everything you are experiencing. Regardless of what I may say about your legal case, please know that you deserved to be treated better by your ex and you should also be kind to yourself and love who you are.

I think winning a case like yours would be difficult....
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1 Answer | Asked in Domestic Violence for Arizona on
Q: I am wanting to take violence case I was the victim back to court in Az. h evidence and myself not presented in tritri

I need to know if that is possible I can go in the court room and stand up for myself and the pictures of my head were not presented the first time pictures taken by police

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

We don't know enough to answer this question.

But, generally, if there was already a trial, you don't get a second one. This is especially true if it was a criminal trial.

1 Answer | Asked in Child Support for Arizona on
Q: Paternity and child support

I am planning on filing to establish paternity just to prove that he’s the father. Am I, as the mother, allowed to decline child support from the father, or would the AZ courts require this to be paid for the child? In addition, if he dies and paternity is established, would the child receive... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 12, 2022

You can file just to establish paternity. You are not required to seek child support.

If dies and paternity is established, the child would inherit from the father, but ONLY IF the father dies without a will or trust. If he dies with a will or trust in place, he can choose to include or...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Can I go to drop and pick my kids up with my wife to my kids dad?

He made claims to the court's that he put a restraining order/injunction against me, so I wouldn't go. I went to multiple courthouses in Phoenix as well as in mesa,az and they all said there are not restraining orders open or in place. They did say he filled multiple but 1. I've... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 11, 2022

A protective order is not in effect until it is served. As you say nothing has been served on you, the Order of Protection is not in place.

You can be at exchanges unless there's a Court order directing you to not be there. Be very cautious, though, Dad sounds like he may be looking...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: I'm still paying child support I had my daughter for 3 years already and the mom is in jail

We have joint custody by court order but the past 4 years I had my daughters

Stephen M Vincent
Stephen M Vincent
answered on Jul 10, 2022

Until you go to Court to change it, the child support order remains in effect. You should file a Petition to Modify right away. Unfortunately, and I certainly recognize that this is hardly fair: But the Court can't go back in time and rectify the child support you owed for the past three... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Arizona on
Q: In Arizona can I make a Police report on a criminal case on a bigamy charge ??

In Arizona can I request a case on criminal charges with the police?? In a bigamy case

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

Yes, you may report bigamy, as it is a crime.

The decision to press charges belongs to the police and the prosecutors.

1 Answer | Asked in Adoption, Child Custody and Child Support for Arizona on
Q: If my ex agrees to terminate his parental rights, what happens to the current child support order and the arrearages?

I have a child support order in Arizona (where I currently live) which started in Oregon (where I got divorced) for my 5 children with my ex. My ex has not seen our children in 4 1/2 years and not spoken with them in 3 years (regardless of me setting up times for phone calls- he just flakes). I... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

A termination of parental rights does not terminate a parent's child support obligation. But when a child is adopted by someone else, the terminated parent's obligation to pay child support ends.

This comes from ARS 8-539, which reads: " An order terminating the parent-child...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Advice on custody hearing from struggling single parent

My ex, who lives out of the country and hasn't made financial contributions in my child's upbringing, wants visitation and decision-making rights. Can I insist that if he wants visitation he should pay child support? Should I mention in the final hearing that I have a boyfriend who wants... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

I understand where you are coming from, and certainly what you want to argue makes sense. However, both arguments potentially harm your case.

Child support and child custody are separate issues. It is inappropriate to condition parenting time on child support. If child support has not been...
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1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Landlord prorating rent

We’ve rented the house for three years. We moved out at the beginning of June and our lease went through the end of June. We let the landlord know they re-rented it and a new tenant moved in on June 18. I asked about the rent being prorated and they said they didn’t have to prorate it. What are... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

They can't double dip: If they charge you for a full month, they have to make sure the premises are available to you the entirety of that month.

2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I still get a lawyer half way into my case?

I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

Yes, you can. But you probably should get the lawyer on board as soon as you can because there are deadlines approaching in your case as trial gets closer. The longer you wait, the less strategic options your attorney has.

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2 Answers | Asked in Family Law for Arizona on
Q: What do I have to do to change our parenting plan?

I moved and father isn't agreeing to meet to the new middle point to exchange our children. He wants to keep it at the old address on file but its no where near middle for me now. What do I have to do in order to change the new middle point to exchange children? Do I still have to meet him at... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

Mr. Branum's advice is well stated and I echo what he has written.

I would advise you to meet with an attorney as soon as possible to discuss your case. I would meet with an attorney prior to filing anything with the Courts.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can I move back to Texas with my son where all my family are when his dad works here in AZ and still get child support?

We both have TX IDs still so I don’t know which state has jurisdiction to handle our case. We’ve lived in AZ for a year now. I have a big family support system back in Texas and his father doesn’t really have much support with extended family here in AZ. I cant afford to live here anymore and... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 13, 2022

Presuming this is the first time anyone will have filed for custody, Arizona has jurisdiction. For Texas to have jurisdiction, your child will have to live there for six months prior to the first filing for custody.

Child support will still be ordered.

If Father agreed to your move,...
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1 Answer | Asked in Divorce, Estate Planning and Family Law for Arizona on
Q: My husband and I are residents of Arizona. What happens to our house during a divorce?

He solely purchased the house in 2007. We met in 2014. I had our oldest child in 2016. We married in 2017. He refinanced the house in 2018 or 2019 but didn't want to put me on the home loan even though my credit score is consistently in the upper 830s - 840s. Our youngest was born in 2018.... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 13, 2022

The house belongs to him. A.R.S. 25-213(A) reads, "A spouse's real and personal property that is owned by that spouse before marriage ... and the increase, rents, issues and profits of that property, is the separate property of that spouse." As he owned before the marriage and never... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can you claim child support but choose for the father not to have any rights to the child?

Father wants nothing to do with child until paternity is established, I do not want him involved with the child as I have moved on and am with someone whom will assume that role. Can I still collect child support and choose that he not be in the child’s life?

Stephen M Vincent
Stephen M Vincent
answered on May 25, 2022

You can filed a Petition to Establish Paternity and Child Support and not establish custody.

You cannot stop him from filing to establish custody if he chooses. The state that will make the custody determination is the state where the child has resided for six consecutive months most...
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