how can she file living out of state
answered on Jul 30, 2019
I expect it is going to have to be filed here. If you are proceeding by agreement, my firm offers a low flat fee to handle everything start to finish. We can file here even though she resides out of state. If everything is proceeding by agreement, she will never have to come into town.... View More
We agreed that no child support will be paid in custody agreement. Both of us have remarried and had kids. She is a stay at home mom but threatens to take me to court for child support.
answered on Jul 28, 2019
Child support is always modifiable. Even Court Orders that neither parent owes the other are modifiable. However, she can never go backwards. Arizona does not allow retroactive child support modifications. So, if she believes she is entitled to a modification, every month she waits is a month... View More
DCS took my son from the hospital becuz he tested positive for drugs. But my girl friend tested negative. Then they brought up an old case that my ex wife and I had. And the grandmother tried to have my son placed with her but the case worker told her right from the start that she was denied all... View More
answered on Jul 10, 2019
Is your Court appointed attorney taking steps to deal with your concerns? Are you looking to hire private counsel?
I did not see any particular question that I can answer. I can say that my advice always in these situations is to bend over backwards to satisfy DCS that you are doing... View More
answered on Jun 21, 2019
There is no such age in Arizona when a child simply gets to choose. However, the Judge IS required to consider the child's desires, but this is only one factor of many. I often stress to my clients that we not only need to show the Judge what the child wants, but (perhaps more importantly)... View More
child 18 now- how to remove support not owed
answered on Jun 2, 2019
Unfortunately child support does not cease until you seek a modified order? Do you think mother would sign a waiver of the arrears which have been technically accruing?
No matter what you need to take steps right away. Every month you wait is a month you lose. Arizona does not allow... View More
answered on May 31, 2019
Have you already established Court Orders regarding Child Support?
If not then YES, you can ask for his Child Support Obligation to start up top 3 years prior to filing and serving your first papers.
Please come in soon. We can certainly help you consider and then pursue your... View More
my ex wife hacked my email took medical paper off and sent it to the ex im in custody battle with she in turn entered into evidence through a motion and no i didnt file for strict compliance.
answered on May 30, 2019
As a family law attorney, I can only address how this issue could be addressed in Family Court. You would need to discuss whether criminal charges are appropriate with a law enforcement officer. In Family Court, you can certainly complain about the method in which she obtained this information in... View More
answered on Apr 22, 2019
My firm is only in Phoenix. Perhaps another Justia attorney (from Tucson) will reply.
We CAN conduct your free consultation by phone, and we do work in any Arizona county, including Pima County.
answered on Apr 22, 2019
It certainly would be wise to deal with it in some manner.
I would need to know more to assist in HOW to deal with it.
I cant support myself. I recently retired from my job. All monies in our 8 years has been mostly his income...his house. He says he owes me nothing. He was arrested 3 years for domestic abuse...charges were dropped because I did not testify. I've lost my family and friends because of him.
answered on Apr 22, 2019
Please come in soon. We can certainly help you consider and then pursue your options for divorce or legal separation. This is obviously a very important matter, and you should not go in alone.
You may be entitled to an award of spousal maintenance. Spousal maintenance is based upon so... View More
answered on Apr 8, 2019
Your rent and your roommate situation would both be relevant factors for the Court to consider. If your roommate is a good decent roommate than I expect you can sell that to the Judge. If not, then maybe the Judge would consider that a deciding factor. I would need to know more.
answered on Apr 5, 2019
I would need to know a bit more.
1. Where does everyone (each parent, children) live now? And for how long?
2. Are you hoping to deal with custody issues? or support issues? Or other issues?
Tell me a little more, and I can give specific advice.
By IRS standards my ex-husband qualify's to claim our youngest child as a dependent. However, our decree says otherwise. The Decree signed in 2016 says starting in 2018 I claim one child and he claims the other. He has informed me he would be claiming both as by IRS standards he is the... View More
answered on Mar 21, 2019
I have handled this exact dispute a number of times, and I am confident the judge will Order him to sign the form OR Order him to pay you the difference his filing causes in your filing. If we have to go to Court, it is very possible the Court would also Order him to contribute to any... View More
answered on Mar 18, 2019
You need to file a "Request for Hearing". You can do so at the same Courthouse that issued the Order.
We can help. Please come in soon. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures... View More
What rights as a parent do i have
answered on Mar 15, 2019
I would need to know more. Are you paying to two different mothers? If so, then YES, there can be two separate child support Orders. If one Mother, there should only be one Order. Are there two states involved?
Send me some more details, and I can provide a better answer.
answered on Mar 12, 2019
That would make me nervous as a parent as well. Are there other better options?
Perhaps a demand letter from an experienced attorney would convince him to make a more reasonable decision, in the children's best interests.
Please come in soon. We can certainly help you consider... View More
Is Arizona still a no fault state? I want to know what would be in my favor financially to make sure my kids and I will be ok?
answered on Mar 12, 2019
Please come in soon. We can certainly help you consider and then pursue your options for divorce. This is obviously a very important matter, and you should not go in alone. We can then discuss how child support is calculated in Arizona, whether you may be entitled to spousal maintenance (alimony),... View More
I have a question about changing judges for an upcoming court hearing on February 25th?
answered on Feb 15, 2019
Under Arizona law, you are freely permitted to change attorneys anytime you so desire and for any reason whatsoever. It does happen quite often.
If you choose a new attorney, that attorney need simply needs to file a notice of substitution which alerts the court and the opposing party that... View More
My sister got arrested because he hit her and she defended herself but for being evidence of her scratching him to be able run out the house she was detained for assult they have joint custody he has the kids can we her family get the kids from him
answered on Feb 13, 2019
Would you be claiming that they are not safe in his care? Or simply that they should be with you during your sister's time? I would need to now more. We can of course assist with either effort.
Please come in soon. We can certainly help you consider and then pursue your options.... View More
Dad with no custody pays child support payment plus back child support payment every month and is wanting to turn his life around for his kids by voluntarily going to an inpatient rehab. He will have to quit his job to go so he wants to know if he will face any penalties for going to rehab because... View More
answered on Feb 12, 2019
Under Arizona law, he will continue to old child support even while he is in rehab unless he takes steps. It would be my suggestion that he file a petition for temporary modification of child support. While Arizona law allows mother to pursue child support as if father is still working, I believe... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.