Questions Answered by Jay Hall

Q: Hi I have lived in arizona for 6 months but am a previous oregon resident where my children are residing at this time.

1 Answer | Asked in Child Custody for Arizona on
Answered on Oct 13, 2016
Jay Hall's answer
The state where your children have lived for the last six months has jurisdiction over child custody. If there isn't such a state, then it may be where the children were born. Once you identify which state has jurisdiction, you will need to file there to establish your parental rights.

Q: Can I request an emergency hearing to reverse a custody order for the same reason it was granted in the first place?

1 Answer | Asked in Child Custody for Arizona on
Answered on Oct 13, 2016
Jay Hall's answer
It sounds like Wyoming has jurisdiction over the child custody issues, so you would need to ask an attorney licensed to practice there. In Arizona, this situation would not warrant an emergency, but could justify modification. Emergencies are reserved for when there is imminent risk of irreparable harm to a child. If Wyoming offers temporary orders during the pendency of the underlying modification, that could be an option for you as well. I just can't speculate because I'm only licensed to...

Q: Having to decide custody...one parent emotionally abusive (proof) other parent no income. Who has better odds?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Answered on Oct 13, 2016
Jay Hall's answer
A parent's earning capacity is irrelevant to the determination of parenting time and/or legal decision-making. Your living situation may be a factor though if the home is too crowded to appropriately accommodate the children.

Q: What is the length of time in Hawaii after find a civil complaint that the plaintive has to serve The defendant?

1 Answer | Asked in Civil Litigation for Arizona on
Answered on Oct 6, 2016
Jay Hall's answer
If the complaint was filed in Hawaii, you would need to ask an attorney licensed to practice there. For lawsuits filed in Arizona, plaintiffs have 120 days to serve the defendant.

Q: Can I get a judge to apply res judicata in My case?

1 Answer | Asked in Civil Litigation, Domestic Violence and Family Law for Arizona on
Answered on Oct 6, 2016
Jay Hall's answer
Res judicata is an affirmative defense that precludes a claim. It's unclear what effect you believe it will have on the competing orders of protection, but no, it won't affect the orders of protection nor the ability to obtain a new one once a current order expires.

Q: How can a mediator put down income for me when I do not work it messed up child support monies

1 Answer | Asked in Child Support for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
Yes, it is legal. Parents who are unemployed are always attributed at least minimum wage unless they have a disability or another legal reason not to work.

Q: I have no custody rights just visitations for the last 10 yrs with my son. I pay child support.

1 Answer | Asked in Child Support for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
It's unclear what you mean by custody. In Arizona, custody has been replaced by "legal decision-making" and "parenting time." The latter significantly influences the child support calculation. The more parenting time you have with your children, the less you have to pay in child support.

Q: i got no money and the little money I got goes to bills due to child support how can I stop or reduce payments

1 Answer | Asked in Child Support for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
Child support is calculated based on a standardized formula. It doesn't account for your bills because the child is prioritized above all other expenses. You can find the current (2015) Arizona Child Support calculator online to double check the court's math. If circumstances have changed since the order was entered that would reduce (or increase) child support at least 15%, you can file to modify.

Q: how can i stop paying chid support for a kid that isnt mine. i never took a dna test or sign and papers saying the child

1 Answer | Asked in Child Support for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
You'd need to ask a California attorney. I am not licensed to practice there but I can tell you that if the process is anything like Arizona, it sounds like paternity may have been established against you (no DNA test is required here). If so, it's going to be very difficult to undo it. You'll want to contact a California family lawyer for a consultation.

Q: Can a custodial parent get back child support if there was never an agreement for an amount?

1 Answer | Asked in Child Support for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
When child support is established, it may be established retroactively for up to three years. So, yes, theoretically she could ask for back support for up to that amount of time. I'll warn you that the amount you pay is very little based on your limited parenting time. While you could try to offset retroactive establishment with what you've actually paid, you may still have a significant deficit. Additionally, the family court can treat those payments as a gift and not count them at all toward...

Q: I have filed a child support claim with the State of AZ, and expect a response by the end of September.

1 Answer | Asked in Child Support for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
The State can help you establish support but it doesn't represent you. Its interest is ensuring that the government does not have to support you or your children.

I'll warn you, it's going to be very difficult for you to trace cash income. You may need to focus on admitting occupational data to show earning capacity in his industry rather than actual earnings.

Q: I have 2 daughters. 1 daughter turned 18 2 years ago. My other daughter turns 18 in 2 years. I do owe arrears in spousal

1 Answer | Asked in Child Support for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
Your spousal support is unrelated to child support. If you believe you have overpaid child support, you can pursue recovery, but it will not offset the obligation you owe in spousal support.

Q: I got notified today that I need to appear in court this Monday and I don't have a lawyer.Am I able to postpone date

1 Answer | Asked in Family Law and Child Custody for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
Not on that basis, but you shouldn't worry. The initial appearance is likely a preliminary hearing such as a resolution management conference or a return hearing and you will not be prejudiced by not having an attorney.

Q: can I print forms for emergency custody of my grandchildren and if so where do I file them

1 Answer | Asked in Child Custody for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
Yes, grandparents can seek emergency temporary orders. The forms can be found at any local Superior Court or at its website.

Q: Sisters will stated kids were to be raised in religion they currently are. Husband not complying, anything we can do?

1 Answer | Asked in Family Law, Child Custody and Probate for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
You can't will child custody. Unless the court deems father to be unfit, he now has presumptive sole legal decision-making.

Q: Can a nonrelated family friend fight for custody over me & let me live with her if my parents are unable to provide 4 me

1 Answer | Asked in Adoption and Child Custody for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
Yes, unrelated third parties can seek custody or visitation rights pursuant to A.R.S. § 25-409. These cases are extraordinarily complex and involve constitutional issues. The family friend should schedule a free consultation with experienced family law counsel.

Q: Will a lawyer help in filling out divorce papers, and how much does that cost? ?

1 Answer | Asked in Divorce for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
Some lawyers do offer document preparation assistance or unbundled legal advice. These services usually aren't cost effective though because the self-service forms are fairly simple.

Q: If my daughter is 8 months pregnant and is getting a divorce, is it with children or without?

1 Answer | Asked in Divorce for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
It is without children until a child is born. Though she should indicate in her petition that she is pregnant.

Q: My husband told me he wanted a divorce 11 months ago. He has a girlfriend but would never file so I did 8 months ago.

1 Answer | Asked in Divorce for Arizona on
Answered on Oct 5, 2016
Jay Hall's answer
If he has answered the petition, you cannot unilaterally withdraw your petition. However, the parties can stipulate to dismissal.

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