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Questions Answered by Jay Hall
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... View 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.... View 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... View 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... View 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...
View 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.

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Im in arizona...can me and spouse agree to child support amount...do I need to use specific calculator or can we decide

3 children but we both agree on 600.00 a month

Jay Hall
Jay Hall
answered on Oct 5, 2016

You can agree and submit your agreement, but there is no guarantee the family court will adopt it. It depends how that figure compares to the support that should be paid pursuant to the Arizona Child Support calculator. The more significant the difference, particularly if your agreement is for the... View More

1 Answer | Asked in Divorce for Arizona on
Q: Wife was brain washed/hypnotised to divorce me. Now she's awake N want us back together. Mother is drugging her

Her mom is, taking her out of town because during brain washing therapy, something went wrong and she had a nervous break down. Now when alert, she want to be with me and is willing to testify that she was brain washed/under hypnosis during divorce. As her ex hunband, I have no saying and mom is... View More

Jay Hall
Jay Hall
answered on Oct 5, 2016

Your best option is to simply remarry.

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Is there a way to secure legal representation without funds? I have tried to find help and have not been succesful.

Searching since 2013, I survive on Social Security Disability, my issues are settlement of divorce, Ex has dominated the issues surrounding our divorce because he has resourses and access to legal counsel, I have applied and have been turned down twice through C.LS., I suffer from anxiety... View More

Jay Hall
Jay Hall
answered on Oct 5, 2016

Unfortunately, there aren't a lot of free or cost controlled resources available in family law. Perhaps contact ASU's law school or consult the court roster of attorney's who accept cases at a modest means rate. It still won't eliminate the cost, but it might make it more manageable.

1 Answer | Asked in Divorce for Arizona on
Q: Arizona Statue of limitations for a judgment post dissolution decree

ex spouse has not turned over a $7500 asset he was ordered to do so in July 2012.

Jay Hall
Jay Hall
answered on Oct 5, 2016

This type of compliance with the court order isn't subject to a statute of limitations, but you may compromise your case by waiting indefinitely. You should consult with an attorney about a contempt action, although make sure it's cost effective for you if you decide to pursue it. In a... View More

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Arizona on
Q: If a domestic violence case is closed due to both parties denying anything took place, can it be reopened?

What if victim was scared or possibly threatened to not say anything to police at the time of the incident?

Jay Hall
Jay Hall
answered on Oct 5, 2016

The criminal implications of domestic violence makes this not a family law question. You'll need to ask a criminal attorney, but yes, cases closed or dismissed without prejudice can typically be reviewed and reopened for a certain period of time.

1 Answer | Asked in Divorce for Arizona on
Q: After12 yrs of marriage am I entitled to alimony and1/2 of everything.he gets2 disablity SS & VA lumpsum of$40grand?

I have nothing and and I'm scared

Jay Hall
Jay Hall
answered on Oct 5, 2016

Spousal maintenance eligibility is controlled by A.R.S. § 25-319(A). There are four criteria, but only one must be met to be eligible for spousal maintenance. However, there is no such thing as entitlement, as it is a discretionary (not mandatory) award. Even if you qualify under that statute,... View More

1 Answer | Asked in Divorce for Arizona on
Q: What steps do I need to take before I can legally dispose of my ex husband's property?

We have been separated since April 2016 and the divorce finalized in June...he has left some of his belongings in my house and has made no effort to retrieve it. What do I need to do before throwing it away so he can't say I owe him money for any of the items thrown away?

Jay Hall
Jay Hall
answered on Oct 5, 2016

Was that property addressed in the divorce decree? Generally speaking, you need to make reasonable efforts to arrange a time for him to retrieve some of his belongings. There is no bright line rule about this, so err on the side of caution.

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