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Questions Answered by Stephen M Vincent
2 Answers | Asked in Child Support, Divorce and Family Law for Arizona on
Q: Does substantial income difference between the two parties mean spousal maintenance is required?

I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.

He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 3, 2025

You asked what the "actual grounds" are for spousal maintenance. Arizona's spousal maintenance law is very complex. But here is probably the simplest way to explain it:

First Step: Determine Eligibility

You have to qualify under one of the grounds listed under ARS...
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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?

my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 12, 2024

Yes, you can get full custody under those circumstances, but it is far from a guarantee. This is not a clearcut case for getting full custody, but you have arguments you can make that could get you there. A judge is going to be very concerned about what happened with the gymnastics dropoff, but the... View More

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2 Answers | Asked in Arbitration / Mediation Law and Divorce for Arizona on
Q: Is it possible to petition for a divorce in AZ then work with a mediator to divide property?

I would like to file the petition ASAP then work with a mediator to divide property after the petition has been filed. I want it to be on record with the court that I filed. The reason is, I do not want to be held liable for any poor financial decisions my spouse makes, or any poor decisions in... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

Yes, it is possible to do that. A couple things to know:

1. You file and serve your ex with the divorce paperwork. Once you serve your ex, the "marital community" severs (provided you do actually get divorced) on that date, and that mean your joint liability for your spouse's...
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1 Answer | Asked in Family Law for Arizona on
Q: My Ex attorney filed a motion to strike to my reply to his motion to quash a subpoena.

Counsel moves the Court to strike the Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash filed by me

Pursuant to Rule 35(a)(3), a party may not respond to a reply unless authorized by

the Court to do so. Father has not requested an order from the Court to allow... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

When someone files a Motion, there are three filings that are permitted:

1. The Motion itself

2. The Response to the Motion

3. The Reply to the Response

You filed a "Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash," so that is a...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do I get arrears child support from mom credited to what I pay monthly now that the kids moved in with her?

Both Kids 12 and 14 have lived with me since birth, I have full custody of them this past September they moved in with her. She was down just under 30k in child support at that time. Im trying to get my monthly payment reduced by offsetting it with what she owes me.

I filed a motion to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

It unfortunately does not work that way, which I know is frustrating and makes no sense. But you have to pay the court-ordered amount for child support every month regardless of what she owes you. Like I said, it makes no sense, but it's the situation you're in. If she's not making a... View More

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Should I file contempt of court? Will it hurt my case?

We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

Don't text him directly if it violates a court order.

Absent hiring an attorney to communicate with him as Mr. Peters suggested, you might want to file a Request for Mediation and make sure you have checked off that requirement before going for contempt.

Be keeping a record of...
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1 Answer | Asked in Family Law for Arizona on
Q: My son recently turned 18 and is a high school senior. My ex-wife is won't provide transportation for him to my house.

He has a car but since she gave him 75% of the cost for his care and told him that she would most likely sell his car if he chose to live with me. The divorce decree states that he follows a 5-2-2-5 parenting time schedule. Is she required to follow the decree on parenting time while he is in high... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

The law is not entirely clear on this. A child is not emancipated for SUPPORT purposes until they are 18 and have graduated high school. If they don't graduate high school, they emancipate when they turn 19.

However, that does not mean that's the law for custody....
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1 Answer | Asked in Animal / Dog Law, Child Custody and Family Law for Arizona on
Q: Can my nieces CAA court order my dog to be taken away from me based on a lie of saying he is her emotional support dog?

My brother is going through a custody battle in which temporary orders were given for my nieces to live with their mom. A CAA was brought in and my niece told her that she misses her dog and that she uses her dog as an emotional support animal. The dog in questions was a Christmas gift for the... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

I am probably too late on this ...

Most likely, the family court does not have jurisdiction over your dog.

The family court only has jurisdiction over dogs in divorces and only when the dog was acquired during the marriage and is the property of one or both of the spouses. In that...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: She was supposed to take the kids for holiday but as soon as I arrived she said she was calling the police cause I'm

Refusing to give them to her which was untrue instead she said she had the court paper saying she had parenting time and I said great can you send it to me so I can know when to pick them up. So while waiting for the police over 45 min she called a cab and left without the kids. Then she filed a... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

You're not at fault.

She's being ridiculous.

The problem is this: How did you document this?

When you're fighting with crazy, you sometimes need to think through how to prove things that are, well, absolutely ridiculous that you have to prove.

Bear in...
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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: In Arizona, can a respondent spouse withdraw consent to dissolve a covenant marriage after filing pleadings
Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

We would need to know more. But I will say the covenant marriage laws do not address this situation, and there is only one published case involving a covenant marriage, and it did not involve this situation, so, in other words, this is a situation the law has neither dealt with nor anticipated.... View More

1 Answer | Asked in Family Law for Arizona on
Q: is my name on the birth certificate enough to establish paternity?

my daughters mother is keeping my daughter from me and I am fully disabled with limited income. I cannot afford an attorney

Stephen M Vincent
Stephen M Vincent
answered on Oct 10, 2024

You wrote, "Is my name on the birth certificate enough to establish paternity?"

That's a simple question but it has somewhat complex answer.

 

Technically, no. Your name on the birth certificate does not establish paternity. Under A.R.S. 25-814(A), your name...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: My son was born in a different state. What are the steps for filing for "Joint Custody"?
Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

The first is to determine what state has jurisdiction.

For that we first look to what state is the home state. The home state is either

(1) the state your son was born in, if it's the only state he has ever lived in;

OR

(2) the state where he most recently...
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1 Answer | Asked in Family Law and Divorce for Arizona on
Q: I recently went thru a divorce in Az..In the decree we were ordered to split the debts owed

My ex isn't paying his share of debt ordered in our final decree.I have wanted to file contempt but there's no contempt papers on debts owed all I get is contact a lawyer..I'm not sure why cause it's a contempt on what the judge ordered...Can anyone explain this to me where I go from here

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.

The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can...
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1 Answer | Asked in Family Law for Arizona on
Q: Is it legal for a mother to keep children from the father for no reason?

No custody order or protections order

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

Your question gets into some legal complexities, but the short answer is that it is not illegal. I'm going to presume they are not married. If they are married, this question has a different answer.

Under Arizona's custodial interference statute, when a child is born out of...
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1 Answer | Asked in Child Custody and Divorce for Arizona on
Q: Is a Divorce decree final if there are open unresolved matters and there is an RMC scheduled? When is a decree final?
Stephen M Vincent
Stephen M Vincent
answered on Apr 15, 2024

A divorce decree is final in Arizona when all of the following criteria are met:

1. The Decree has resolved all issues related to the Petition for Dissolution.

2. The Decree states no matters remain pending.

3. The Decree states it is entered under Rule 78(c).

4....
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My brother is 16 years old and I'm wondering if I can win 50/50 with my father and take my mom's rights who is unfit?

My mom has a drinking issue and has not had my brother in school for 3 years now I've been fighting with her to put him in school I've been cooking food for him to eat buying food and supporting his needs and also supporting my mom because she does not have a job nor cares to clean I need... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 1, 2024

No. A non-parent cannot share custody with a parent. If you want to seek custody of your brother, you would have to show that both of his parents are unfit AND you would have to show that you stand in loco parentis to your brother (meaning, he treats like a parent and you have been acting as his... View More

1 Answer | Asked in Family Law for Arizona on
Q: Can a 12yr old be held in contempt for not visiting the non custodial parent when there is a court order

My child refuses to visit their father even though we have a court order that says she has too. She hasn't visited him in months and now he is saying he will get her held on contempt for not visiting. I have tried to get to go but she refuses and now says she will runaway and self harm if she... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 2, 2024

A 12-year-old cannot be held in contempt.

The 12-year-old is the subject of the Court order, but the Court has not ordered her to do anything. A Parenting Plan orders the parents as to what they are to do regarding to the child. Therefore, the 12-year-old has not violated the Court order...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Is it legal for my 11 year old son to be sleeping on a pull out couch in the same room as his dad and his gf?

My son stays with his dad about half the time. The thing is, he lives in a 2 bedroom apartment with a roommate and his girlfriend. My son has to sleep on a pull out couch in the same room as his dad and his dad’s girlfriend. My son is 11. We have had multiple conversations over the last couple of... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 22, 2024

The arrangement is not illegal.

There is a question of whether it is in your son's best interests. You could file a Petition to Modify, and then it's really up a judge. I think there's a good argument there, but it will really depend on how your judge feels about it. Some...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I request Child Support?

I want to ask for sole custody at a later date but would it backfire if I said I dont want child support or would it help my case? I also have another child from a different relationship. I have the children 10 months out of the year and he has them throughout the year but it equates to 2 mos. I... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 22, 2024

Asking or not asking for child support will have no impact on your custody case. The Court does not consider child support when determining custody, but once it determines custody, the amount of time awarded impacts the child support amount.

You should run numbers through an Arizona Child...
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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Me ex girlfriend had a child and claims it's mine. Who has the right.to take the child?

Can I take the child legally

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2024

She can. You can't.

Based on what you wrote, it doesn't sound like you are even a legal parent yet. A biological connection to the child, by itself, does not establish you as the child's legal parent in the eyes of the law. You have to either (1) sign an Acknowledgment of...
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