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Questions Answered by Jay Hall
1 Answer | Asked in Child Support for Arizona on
Q: I signed the birth certificate for a child that was not mine, I was in a relationship with the mother at the time.

Immediately after, she left me and married another man. She then sued for child support which was granted but before I could get my first visitation, they, including her new husbands parents and family, packed up and moved. I never saw the child again. Then years later she contacted me saying if I... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

I am really sorry to hear about your situation. Unfortunately, terminating your parental rights does not end child support. Was there a written agreement between you and the mother?

You should immediately consult with a local child support attorney to evaluate your options. Most relief is...
Read more »

1 Answer | Asked in Child Custody and Civil Rights for Arizona on
Q: I'am married and no custody in place can I bring my kids from NEBRASKA to ARIZONA

My husband left the state without my permission the kids were supposed to stay with me can I pick them up from NEBRASKA and bring them to az without breaking the law he lied to me and the kids

Jay Hall
Jay Hall answered on May 25, 2020

Because you are currently married, he probably did not need your permission to leave with the children. Without any court orders in place, parents have coequal rights. That means that you could retrieve the children but he has no obligation to release them to you. Rather than subject the children... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: If the other parent hasn't followed the custody agreement how to do go about filing papers to inform the judge of this

The Father is showing up at my house without my knowledge at least 5 times can I file a restraining order

Jay Hall
Jay Hall answered on May 25, 2020

There are a couple of discrete questions here. It is unclear what you mean when you say the other parent hasn't followed the custody agreement. Depending on the nature of the violations, you may be able to file a petition to enforce. But if the other parent simply declined to exercise his... Read more »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What can I do about receiving a summons for a custodial interference charge to appear in court,

The Father never followed the custody agreement wants to come around when it's convenient for him and without my knowledge, he filed a Police report saying I'm not following the parenting time agreement, I receive a summons to appear in court for custody interference charge, when this... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

The first step is to separate the issues. You may not have any right to enforce the agreement if the other parent simply declined to exercise his parenting time. The remedy for that is usually modification (if it is substantial and continuing).

Instead of focusing on that, you will want to...
Read more »

1 Answer | Asked in Family Law for Arizona on
Q: My ex-wife's lawyer withdrew with cause during custody fight. Do I have the right to know that cause?

Before our custody and childcare battle ended, my ex-wife's lawyer withdrew. The court approved it because the lawyer had a valid cause; however, the judge did not disclose that cause in her ruling allowing him to withdraw. I believe he withdrew because my ex consistently lied during testimony... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

Unfortunately you do not. Those communications are privileged.

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: How do I get 50/50 custody of my 4 month old son?

The mother has already contacted the court for paternity, child support, and custody. I am unsure what steps I need to take to be ready to defend myself and get half custody of my son. DES has contacted me for my new address but thats all that has came of this so far with the courts being closed.... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

The first practical step is to take advantage of a free consultation with a family lawyer. This isn't a sales pitch, it's just important for you to evaluate the whether she has "enough on you" to restrict your custody rights. It is unclear what you mean by contacted the court,... Read more »

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: If both me and the dad have our own agreement will DES come after him for child support?

This is our first child and the dad has been paying me $100 every month and sometimes extra if he has it. Neither of us want to go to court and just want to keep our agreement while we aren't living together. This is really stressful for us cause we don't know if the state will take any... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

If you or the child receive state assistance, it may try to recover a portion of the funds from the father. Your agreement will not supersede the state's interest. If neither of you receive state assistance, it is unlikely DES will intervene unless one parent requests assistance to formally... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arizona on
Q: My ex girl of 14 years took my kids and moved from arizona to cali with only a week notice is it kidnapping

She charged me with domestic violence but I took it to court and won cause I wad the one beat up in the pictures and she didn't have marks and we have no court orders in place and im on my daughters birth certificate

Jay Hall
Jay Hall answered on May 25, 2020

No, this isn't kidnapping. Without enforceable orders in place, there really aren't many limitations on a parent's ability to travel with children. You should consult with a family law attorney to evaluate your options. The best course of action may be to file a petition to establish... Read more »

1 Answer | Asked in Consumer Law and Divorce for Arizona on
Q: if I leave the house will I be abandoned my kids? My husband is abusive mental and physical.

he lost his job in covid 19

Jay Hall
Jay Hall answered on May 25, 2020

No, removing yourself from an abusive situation is not abandonment. If you intend to divorce, you should take advantage of a free consultation at your earliest opportunity to discuss how to preserve all of your rights.

1 Answer | Asked in Divorce for Arizona on
Q: Can your soon to be ex husband just say be out in 30 and only take whats your cause he pay for things?

Does he have a right to keep your sons bedroom furniture and tv and computer cause he paid for them and does want them going if needed to his Biological fathers house cause he paid for it all

Jay Hall
Jay Hall answered on May 25, 2020

Property acquired during the marriage is presumptively community property regardless of who paid for it, unless the funds used were a legally separate source like inheritance or money earned before the marriage. That property must be divided equitably in your divorce.

1 Answer | Asked in Divorce for Arizona on
Q: Can you change a lowered time & amount modification of spousal support back to original decree amount & time duration?

I have come to realize that I will not be able to survive each month with no spousal support. I modified with my ex husband to lower the amount & time duration to 4 years. It was in the original decree to be more money each month & to not end until I remarried. Will I be able to change this... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

The modifiability of spousal maintenance first depends on the language of the current orders. If your agreement did not make maintenance non-modifiable, it will be possible to modify. You will need to prove the occurrence of substantial and continuing changes since your last modification. Simply... Read more »

1 Answer | Asked in Divorce for Arizona on
Q: Is my husband liable for credit card debt after divorce?

I have 2 credit cards that were acquired while we were married, but are only in my name (all debt is paid off, they are at a $0 balance). If I keep these cards, will he be liable for any debt that gets placed on them after we get divorced?

Jay Hall
Jay Hall answered on May 25, 2020

No, debts assumed in one (ex) spouse's name only after the date of service of a divorce petition will be separate property of that individual.

1 Answer | Asked in Divorce for Arizona on
Q: If I live in Arizona, and my wife and kids live in Virginia, is it true that I cannot file for divorce in Arizona?
Jay Hall
Jay Hall answered on May 25, 2020

No, it isn't true, but there are important limitations. You can file for divorce in Arizona if you've resided here for at least ninety days. Unfortunately the Arizona courts may not have any jurisdiction over the child custody issues. When there are no existing orders, interstate... Read more »

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.

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