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Questions Answered by Jay Hall
1 Answer | Asked in Child Custody for Arizona on
Q: Hi I have lived in arizona for 6 months but am a previous oregon resident where my children are residing at this time.

There is no custody order nor custodial parent. What are my rights?

Jay Hall
Jay Hall answered on Oct 13, 2016

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.

1 Answer | Asked in Child Custody for Arizona on
Q: Can I request an emergency hearing to reverse a custody order for the same reason it was granted in the first place?

I moved from Wyoming to Yuma, AZ. I had physical custody of my son for 7 years before moving. My husband got an amazing promotion and the company paid to relocate us. We had to go to court because my ex argued that moving is a substantial change in circumstances. The judge specifically stated the... Read more »

Jay Hall
Jay Hall answered on Oct 13, 2016

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... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Having to decide custody...one parent emotionally abusive (proof) other parent no income. Who has better odds?

I have endless evidence of spouses emotional abuse, habitual lying, and refusal to co-parent. I have a been a stay home parent since first child (of 5) so kids and I live with family and I have no current ability to get a job. Spouse also lied about having ability to pay child support without court... Read more »

Jay Hall
Jay Hall answered on Oct 13, 2016

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.

1 Answer | Asked in Civil Litigation for Arizona on
Q: What is the length of time in Hawaii after find a civil complaint that the plaintive has to serve The defendant?
Jay Hall
Jay Hall answered on Oct 6, 2016

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.

1 Answer | Asked in Civil Litigation, Domestic Violence and Family Law for Arizona on
Q: Can I get a judge to apply res judicata in My case?

My ex girlfriend ended our relationship a little over a week ago. Since then, she has consistently manipulated me emotionally in order to achieve selfish goals (sleeping with another man), and has gone so far as having successfully been granted an order of protection against me--which has stated no... Read more »

Jay Hall
Jay Hall answered on Oct 6, 2016

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.

1 Answer | Asked in Child Support for Arizona on
Q: How can a mediator put down income for me when I do not work it messed up child support monies

The mediator put down on child support paper that I make 1395.33 a month I don't make anything is this legal

Jay Hall
Jay Hall answered on Oct 5, 2016

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.

1 Answer | Asked in Child Support for Arizona on
Q: I have no custody rights just visitations for the last 10 yrs with my son. I pay child support.

His mother has an income of 70k a year. My income is 30k a year. If I file for 50/50 custody will she be awarded more child support from me?

Jay Hall
Jay Hall answered on Oct 5, 2016

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.

1 Answer | Asked in Child Support for Arizona on
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
Jay Hall
Jay Hall answered on Oct 5, 2016

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... Read more »

1 Answer | Asked in Child Support for Arizona on
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

the case is in cailfornia and i live in arizona

Jay Hall
Jay Hall answered on Oct 5, 2016

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... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: Can a custodial parent get back child support if there was never an agreement for an amount?

The 8 year old child lives with her mom and I get her every other weekend. I pay 300$ a month. We've never had a written agreement or anything for payments. Can she potentially get back child support? We haven't lived together in about 5 years.

Jay Hall
Jay Hall answered on Oct 5, 2016

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... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: I have filed a child support claim with the State of AZ, and expect a response by the end of September.

My ex id an auto mechanic who makes quite a bit of cash income. He doesn't have a bank account because he owes back taxes to the IRS and probably the State of WI. He has a girlfriend of the last 3-4 months, and I'm sure he's putting his cash income into her account. Will the State of AZ help me... Read more »

Jay Hall
Jay Hall answered on Oct 5, 2016

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...
Read more »

1 Answer | Asked in Child Support for Arizona on
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

I owe 5000.00 in spousal support. Can I file a judgment to get the overpayment of child support?

Jay Hall
Jay Hall answered on Oct 5, 2016

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.

1 Answer | Asked in Family Law and Child Custody for Arizona on
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
Jay Hall
Jay Hall answered on Oct 5, 2016

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.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: A Colorado couple in a common law relationship with 2 children. Wants the wife to move to Az with the children.

He does not want to go through the hassle of getting a divorce in Colorado. In 90 days the wife and children become residents of Az. If the husband changes his mind can he force them to move back to Colorado? Is there something the wife should do to protect her and the kids from going back?

Jay Hall
Jay Hall answered on Oct 5, 2016

Get the agreement in writing.

1 Answer | Asked in Child Custody for Arizona on
Q: can I print forms for emergency custody of my grandchildren and if so where do I file them
Jay Hall
Jay Hall answered on Oct 5, 2016

Yes, grandparents can seek emergency temporary orders. The forms can be found at any local Superior Court or at its website.

1 Answer | Asked in Family Law, Child Custody and Probate for Arizona on
Q: Sisters will stated kids were to be raised in religion they currently are. Husband not complying, anything we can do?

Sister passed away 7 months ago

Kids were already mothers religion when she died.

Kids want to continue in mothers religion

Will stated if father could not care for them custody would go to my parents.

Father never has kids leaves for others to care for them

Jay Hall
Jay Hall answered on Oct 5, 2016

You can't will child custody. Unless the court deems father to be unfit, he now has presumptive sole legal decision-making.

1 Answer | Asked in Adoption and Child Custody for Arizona on
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

14 year old girl

Alcoholic/unemployed mother

Living off grandparent's money

Dad is unstable also and out of the picture

This family friend has her life together & has a perfect family & is stable & she takes more care of me than my mother ever has

Jay Hall
Jay Hall answered on Oct 5, 2016

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.

1 Answer | Asked in Divorce for Arizona on
Q: Will a lawyer help in filling out divorce papers, and how much does that cost? ?
Jay Hall
Jay Hall answered on Oct 5, 2016

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.

1 Answer | Asked in Divorce for Arizona on
Q: If my daughter is 8 months pregnant and is getting a divorce, is it with children or without?
Jay Hall
Jay Hall answered on Oct 5, 2016

It is without children until a child is born. Though she should indicate in her petition that she is pregnant.

1 Answer | Asked in Divorce for Arizona on
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.

We have both been working with lawyers. Now I want to Un file. Is that allowed ? What do I do ?

Jay Hall
Jay Hall answered on Oct 5, 2016

If he has answered the petition, you cannot unilaterally withdraw your petition. However, the parties can stipulate to dismissal.

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