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Questions Answered by John R Gaertner Jr
2 Answers | Asked in Child Support for Arizona on
Q: I am paying child support to my ex. My son left his house am i still obilgated to pay child support.
John R Gaertner Jr
John R Gaertner Jr answered on Oct 12, 2020

This certainly could be a substantial and continuing change of circumstances which would justify you asking for a modification or change in your child support obligation. Consult a family law attorney to discuss the matter in greater detail.

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1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Arizona on
Q: I live in Ca. I Have joint custody of my kid who lives between CA and AZ. I want equal physical time. Where do I start?

I was married in CA in 2009. Moved to AZ and bought a house with ex husband in 2010 with newborn. Filed for divorce myself with no lawyer in 2011 and it was granted 9/2012. The divorce decree and parenting plan is archaic and based on the naivety of a young me in my 20s who somehow thought I could... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Jul 5, 2020

It would be necessary to review all of your current court orders and the Decree to adequately provide advice on your current issues. There appears to be grounds to review and request changes to your current Legal Decision Making and Parenting Time Orders. There has been at least 5 years since your... Read more »

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Will judge allow me to relocate with my child if husband is joining Army?

I have sole legal decision and sole physical custody of my daughter my ex had supervised visits every other Saturday my ex husband is 16,000$ behind in child support, has domestic violence charges but wants 50/50 custody now (after he has gone two years without seeing her) will I be able to move... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Jul 3, 2020

From the information you have provided it appears as though you have solid grounds for requesting relocation with your daughter. However, relocation matters are complicated and need to be handled carefully. You should contact an experienced Family Law attorney to discuss this matter in greater... Read more »

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2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I am seeking council on how to legally increase my parenting time to equal parenting time with my children?

Primary residence was granted to my children's father in August of 2018. I was ordered to have parenting time with my children only every other weekend. I was in graduate school at the time of the divorce to try to better myself and make a new life for my children and I which I believe hurt me... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Apr 28, 2020

It has been over one year from the last Order so you can go back and ask for equal time if there have been substantial and continuing changed circumstances. Most attorneys have free initial consultations so that additional details can be discussed regarding this matter.

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1 Answer | Asked in Divorce and Child Support for Arizona on
Q: Question

Hello good afternoon I have a question me and my husband are separated but still married we bought the house together but the house was under his name so he sold the house and got 39,000 knowing I had recently got a job I felt like I deserved part of it since we both live at the house and we had 1... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Apr 9, 2020

Additional information is required to properly and accurately answer your question. Since the house was bought during the marriage it would generally be community property. At the least you would have a community lien on separate property. You should contact an experienced family law attorney for a... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: i have sole custody and want to move out of the state, can father contest?

the judge gave me sole custody, so father has no parenting time, arizona's laws are unclear on sole custody with moving versus primary parenting.

John R Gaertner Jr
John R Gaertner Jr answered on Dec 2, 2019

If you have sole legal custody and Father has no parenting time, you may be able to move out of state. More information is needed but worth speaking to an Arizona Family law attorney. Most initial consultations are free.

1 Answer | Asked in Divorce for Arizona on
Q: My Husband stopped paying per our Separation Decree.

Per our Separation the court declared my Husband should pay $ 600/mo. He stopped paying 3 months ago, what are my options?

John R Gaertner Jr
John R Gaertner Jr answered on Jun 11, 2019

You can petition the Court for enforcement of the Separation Agreement and ask the Court to find and hold your ex-husband in Contempt. The Court can and will impose sanctions upon your ex if he is found to be in Contempt.

1 Answer | Asked in Divorce for Arizona on
Q: Can the proceeds from the sale of a house be put in a escrow account until divorce is filed?

my wife and I are getting a divorce. we are currently living in the same house.

She had agreed that certain bills would be paid, then the remaining funds would be split 50/50.

I have been paying these (with a loan from my Dad) and some are outstanding.

She now reneged on... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on May 17, 2019

My suggestion would be to file for the Dissolution/Divorce now and address the community finds in the escrow account and the bills in your proceeding. The preliminary injunction would be in effect after service upon your wife and that controls what can and cannot be done with community property.... Read more »

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Arizona on
Q: Thank you for the response. Is there an attorney I may speak to here in Tucson. I would not be able to travel to Phx.
John R Gaertner Jr
John R Gaertner Jr answered on Apr 22, 2019

I am located in Phoenix and can speak with you by phone. Is your court case in the Mesa Superior Court?

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1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Am I obligated to pay back child support if the other party did not permit me to see my children?
John R Gaertner Jr
John R Gaertner Jr answered on Jan 5, 2019

Yes, however, you may have other issues you want to bring up with the Court. Those issues could include Enforcement of the Parenting Time order and modifying child support.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arizona on
Q: Should I get a restraining order, request child support, or just go to court?

The father of my child and I are no longer together. He is not accepting that decision and barely supports his child. He helps pay for half of daycare each month but that's the only thing he helps with. I do not make him pay child support even though I am taking care of the major... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Dec 8, 2018

You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address... Read more »

2 Answers | Asked in Family Law for Arizona on
Q: How do I file a false CPS complaint ?
John R Gaertner Jr
John R Gaertner Jr answered on Jun 29, 2018

I don't file a false complaint, PERIOD!

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2 Answers | Asked in Child Custody and Child Support for Arizona on
Q: Due to a separation I want joint custody. We were never married. I am on the birth certificate last name. Do have rights

Due to separation between my girlfriend and I there is a 2yr son. She is asking for controlling custody and child support. I want shared custody. Do I have any right to file for that.

John R Gaertner Jr
John R Gaertner Jr answered on Jun 21, 2018

Of course you have rights, however, you are going to have to go to Court and fight for those rights. If Mother has not already filed you should do so immediately. Since Mother appears to be the controlling and limiting type, when you file you should also file a Motion for Temporary Orders so that... Read more »

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2 Answers | Asked in Child Support for Arizona on
Q: Can you file for child support in NY for 18 year old even if original support was in AZ and ended at 18?

I have a support agreement in AZ that terminates when my son is 18. My ex is moving to NY with my son when he turns 18, so I'm just curious if she can file for support in NY even tho my support agreement officially terms in AZ when my son is 18?. That seems like it shouldn't be legal and... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on May 23, 2018

Arizona maintains jurisdiction of the matter as the state where the initial orders originated. The child support order from Arizona terminates when your son turns 18 or when he graduates from high school, whichever occurs last. If you are paying child support currently and child support by law... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: Court ordered prenatal paternity testing?

My pregnant girlfriend just moved out (now ex gf), we are not married. First, I'm filing the form for a court ordered paternity test. She has already said that she will allow the test after birth, but I would like one now. Is it possible to have the court order her to a non invasive paternity... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on May 18, 2018

In my experience with these matters the Court will not order a test during pregnancy if Mother opposes. Also, if Mother opposes you being present during doctor visits, the doctors office will exclude you from being there. You are in for a fight in this case and should be prepared to meet much... Read more »

1 Answer | Asked in Divorce for Arizona on
Q: Good morning, What happens at a mediation for divorce? What if you don't have an attorney representing you?

My daughter escaped to a woman's shelter due to spousal abuse only to have her husband file for emergency custody in Pima County. Because she prepared well, she presented information that persuaded Judge Furlan to dismissed the case. She was served with divorce papers the same day so now she... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on May 9, 2018

Your daughter should be represented at mediation. Many times abused spouses are intimidated by their abusers at mediations and the mediators do not understand the dynamics of the abusive situation the one parent has experienced at the hand of their spouse. As a result the mediator is focussed on a... Read more »

1 Answer | Asked in Divorce and Child Support for Arizona on
Q: Are my ex husband and I required to exchange financial info if we both agreed for neither party to pay child support

We live in AZ we got a basic simple divorce we filed on our own going on 8 years ago. Our decree states "Financial information exchanges: In cases in which child support or spousal maintenance are ordered, then until such time as those would end under the orders in this consent decree, the... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Feb 24, 2018

The order is clear that the parties must ("shall") exchange financial information every 24 months. If your ex does not. you can file a Petition to Enforce the Consent Decree and request the Court sanction him for his failure to comply and force him to produce the records. Inform your ex... Read more »

3 Answers | Asked in Child Support and Tax Law for Arizona on
Q: I paid the total child support ordered for this year but I was late one or two times do I get to claim my child still?

My child support amount changed twice this year so there were two months that werent paid on time. But i calculated that i paid over what has been ordered for the year and have all of my receipts but my kids mom will states that i didnt pay on time and refuses to let me claim them.

I was... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Feb 5, 2018

The commissioner is correct. As long as you had paid the yearly total for child support by December 31st, you can claim the child.

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1 Answer | Asked in Divorce for Arizona on
Q: My parents just moved to AZ from CT. They were married in NJ. Can they file the divorce here without being a resident ?
John R Gaertner Jr
John R Gaertner Jr answered on Jan 23, 2018

No. There is a 90 residency requirement before a party can file for divorce in Arizona.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Father in Iowa. Two kids in AZ. Mom won't allow contact. How do we start?

He signed both birth certificates. They lived together for years (not married) before splitting up. No legal agreements on paper. Do we start here in Iowa or AZ?

John R Gaertner Jr
John R Gaertner Jr answered on Jan 21, 2018

If the children have lived/resided in AZ for the past 6 consecutive months, then the matter should be brought in AZ. That is where you would start. The Petition that needs to be filed is a Petition to Establish Paternity, Legal Decision Making Authority, Parenting Time and Child Support. Paternity... Read more »

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