In Arizona, the fact that he is on the birth certificate means that paternity has been legally established under the law. Generally speaking, This does give him some rights, however rights for parenting time and legal decision making still reside with Mother as the defacto custodian of the child....Read more »
Cps has let me know and I have a protection plan in place for no contact for 2 weeks. We were never married and have been separated over a year. So I have full custody of them and we just co parent together there is no custody agreement threw the courts for our kids. My question is, now that... Read more »
I know I'm a couple weeks late here, but filing an emergency when you already have custody is unnecessary. I certainly see what CPS is saying. If CPS is merely suggesting it, you may be fine to not file anything. If CPS is requiring it, you need to speak with a juvenile law attorney ASAP about...Read more »
He went from seeing them every weekend to every other weekend and gave me short notice he was moving. His lawyer sent me documents stating I need to reduce child support or drive half way. He willingly left, are those my options? Is it possible to get sole legal decision making if he only sees them... Read more »
You raise three different issues question, so let me address them separately:
EXCHANGES: You do not necessarily have to agree to drive halfway for each exchange, but I think there's a good chance that a judge would order you to do so if it is left up to a judge. I certainly recognized...Read more »
Our current plan has me as final decision maker as I've had our child 90% of the time, but now in his proposed parenting plan he has changed all the wording and taken that out and wants 50/50 as he's moving closer. What do you think will happen? I'm also a teacher and have had final... Read more »
Yes, there is still the option of one parent having final decision-making authority. I would really need to know more about your situation. Any parent can make allegations and attempt to change the orders, but many requirements must be met. I recommend contacting an experienced family law attorney...Read more »
Absolutely. If they provided notice or warning, the funds could be moved. If you have a child support debt, there are numerous ways the State can recover those funds. Draining a bank account is just one.
I might be inheriting my sisters house and am wondering if it will affect the amount of child support I pay. My ex has just put in for a child support change do to both of us earning more and I am just unsure how this will affect it.
The answer is "it depends" while child support in Arizona is generally based upon earnings from a job, there are instances where child support may be ordered based upon resources. Further, if you receive income from this house (such as rental income) it may also be countable (even in...Read more »
I work odd hours. Unable to take my children to school and watch her at nite. Ex husband wants full custody. I agree for child to live with him. Do I give up my rights? Divorced in MN and ex and I are living in AZ. AZ is joint state
You should move the case here. You need to register your MN order here (you'll need two certified copies from Minnesota, and complete the other requirements for registering). Then you and your ex-husband can fill out a new Parenting Plan, both sign it and have it notarized and submit it to the...Read more »
In other words, would a payment made on by the clearing house on 1 Feb, is that for the month of February in advance or for the month of January in arrears? If my child is 18, and graduates in May, wouldn’t the last child support payment be May 1st?
Although I have never had a cps case or any of my children take, the father of my youngest son illegally obtained physical custody of my child and as a result has filed child support against me. The father has been incarcerated often throughout the time he had our child. The court did not follow... Read more »
My kids have been kept from me for 2 weeks then returned to me. I’m told what I can and can’t do with them on a daily basis. They won’t allow my 19 year old son to watch them when I need to work so now I’m not able to work as I have nobody else to watch them when they are with me. And our... Read more »
Until the custody order is modified, the Illinois order remains the agreement between you two. Unless the order specifically empowers your ex to dictate who can provide child care, he has no authority to direct you who can and cannot watch your child(ren). If there is a right of first refusal...Read more »
He should file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and work with her on drafting a Parenting Plan. He can work with her on the Parenting Plan before or after filing the Petition to establish.
Arizona child support does not belong to the child. It is not her right to receive it, though the other party could potentially file a modification to change or reduce it. Further, in certain cases where the State is involved, if the child is out of the house the child support paid can be...Read more »
My daughter was born on 11.05.2020. She will now be 7 months in 4 days and her father has yet to even have met her. He is fully aware of her and has been aware of her since I was 5 weeks and 3 days pregnant. I constantly send him updates and pictures but nothing. He has literally done nothing for... Read more »
The risk you run filing for child support is that he files to establish legal decision-making and parenting time. Arizona law starts with the presumption that parenting time should be equal, but the Court will order something other than equal parenting time if you can show that a different order is...Read more »
The answer to your question depends upon whether there currently exists a child support order. In general, child care expenses paid by one parent result in that parent having a "credit" of sorts for payment of the child care. However, some times the court will allocate the cost between...Read more »
Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... Read more »
Our court paperwork says she needs my written consent but she seems to think that because there has been a lapse in my child support payments, due to me switching jobs and trying to set up wage garnishment for months now (because the last time I tried to mail in my child support obligation it got... Read more »
My ex wants to modify child support- We divorced 5 years ago and at that time we agreed no support was owed either way. He now wants support- he is making less and has another child. Parenting plan gave us 3.5 days each exactly
In 2019, we informally modified our schedule. Our child is... Read more »
You cannot modify parenting time order informally. The original order remains binding until modified by the court. The same applies for child support. If parents cannot reach accommodation on parenting time to present jointly to the Court, you will have to go back to court and present your...Read more »
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