Questions Answered by John R Gaertner Jr

Q: Am I obligated to pay back child support if the other party did not permit me to see my children?

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Answered on Jan 5, 2019
John R Gaertner Jr's answer
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.

Q: Should I get a restraining order, request child support, or just go to court?

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arizona on
Answered on Dec 8, 2018
John R Gaertner Jr's answer
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 his actions, his behaviors will likely continue to escalate.

Q: How do I file a false CPS complaint ?

2 Answers | Asked in Family Law for Arizona on
Answered on Jun 29, 2018
John R Gaertner Jr's answer
I don't file a false complaint, PERIOD!

Q: Due to a separation I want joint custody. We were never married. I am on the birth certificate last name. Do have rights

2 Answers | Asked in Child Custody and Child Support for Arizona on
Answered on Jun 21, 2018
John R Gaertner Jr's answer
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 the Court can address the matters more quickly.

Q: Can you file for child support in NY for 18 year old even if original support was in AZ and ended at 18?

2 Answers | Asked in Child Support for Arizona on
Answered on May 23, 2018
John R Gaertner Jr's answer
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 should end, you should file a Petition/Motion to terminate child support at this time, provided your child is graduating high school this May 2018.

Q: Court ordered prenatal paternity testing?

1 Answer | Asked in Family Law for Arizona on
Answered on May 18, 2018
John R Gaertner Jr's answer
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 greater resistance from Mother as the birth of your child draws near.

Q: Good morning, What happens at a mediation for divorce? What if you don't have an attorney representing you?

1 Answer | Asked in Divorce for Arizona on
Answered on May 9, 2018
John R Gaertner Jr's answer
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 deal that resolves the matter but often times favors the abuser. Since there are children involved and Father is abusive as well as aggressive in court, this matter needs to be handled aggressively...

Q: Are my ex husband and I required to exchange financial info if we both agreed for neither party to pay child support

1 Answer | Asked in Divorce and Child Support for Arizona on
Answered on Feb 24, 2018
John R Gaertner Jr's answer
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 that if he does not produce the information by a certain date (give him just another week or so), you will be going to the Court to resolve his Contempt.

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?

3 Answers | Asked in Child Support and Tax Law for Arizona on
Answered on Feb 5, 2018
John R Gaertner Jr's answer
The commissioner is correct. As long as you had paid the yearly total for child support by December 31st, you can claim the child.

Q: My parents just moved to AZ from CT. They were married in NJ. Can they file the divorce here without being a resident ?

1 Answer | Asked in Divorce for Arizona on
Answered on Jan 23, 2018
John R Gaertner Jr's answer
No. There is a 90 residency requirement before a party can file for divorce in Arizona.

Q: Father in Iowa. Two kids in AZ. Mom won't allow contact. How do we start?

1 Answer | Asked in Family Law and Child Custody for Arizona on
Answered on Jan 21, 2018
John R Gaertner Jr's answer
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 appears to be a non-issue but will still have to be established. This will no doubt be complicated for Father given that he lives out of state and Mother does not appear to be a cooperative parent.

Q: how can I stop child support if I am recovery of two heart surgeries?

2 Answers | Asked in Child Support for Arizona on
Answered on Jan 18, 2018
John R Gaertner Jr's answer
You need to file a motion to modify child support immediately. If you do not the present orders regarding child support and the wage assignment will remain in full force. Waiting any longer is a big mistake!

Q: How do i fight a protection order that doesnt even have my name right. Its a totally different last name &mispelledfirst

2 Answers | Asked in Domestic Violence for Arizona on
Answered on Jan 17, 2018
John R Gaertner Jr's answer
File a request for a hearing in the court that issued the Order of Protection. The Aunt has the burden to prove her allegations against you.

Q: I don’t have any custody from what I was told, of my kids but pay child support. How do I get some sort of custody?

1 Answer | Asked in Child Custody for Arizona on
Answered on Nov 20, 2017
John R Gaertner Jr's answer
You must file a Petition to Establish Paternity, Legal Decision Making, and Patenting Time. Paternity will be easy because there is already a child support order that has you as the biological Father of the children. The process is fairly easy and forms are available from the court. If Mother has an attorney, I would advise you to do the same.

Q: Daughter in law took baby to Idaho but my son did not give her permission to move baby there. We live in AZ. What can my

1 Answer | Asked in Divorce and Family Law for Arizona on
Answered on Nov 16, 2017
John R Gaertner Jr's answer
Father must file for Dissolution of the Marriage and request that the child be immediately returned to AZ (the home state of the child). Waiting on this issue is extremely damaging to your son's chances of having the child returned to Arizona. Also, if he waits, Wife will probably be able to file for Divorce/Dissolution in Idaho and Father will have to defend in that state. I advise getting a court order for the return of the child. In my opinion it would be a mistake to travel to Idaho and...

Q: What to do next after filing and no response.

1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on
Answered on Apr 12, 2017
John R Gaertner Jr's answer
If you actually served your Husband with the initial pleadings, you can begin the default process if he did not respond within 20 days from when he was served. As for child support, if you had an agreement as to this issue and now circumstances have changed, you will need to modify child support. Given your fact scenario, this may be a bit complicated.

Q: My husband is now a retired pilot from Northwest Airlines and we got divorced several years after he retired . He is 68

1 Answer | Asked in Divorce for Arizona on
Answered on May 15, 2016
John R Gaertner Jr's answer
An attorney would have to review your court orders and speak with you to properly advise you in this situation. Most attorneys offer free initial consultations.

Q: Ex son-in-law exposes 11 yr old and 14 yr old to soft porn, inappropriate movies, sexting. Is there anything I can do?

1 Answer | Asked in Family Law for Arizona on
Answered on May 15, 2016
John R Gaertner Jr's answer
Not that I know of. The court should be concerned regarding the issues that you are referring to. Exposure to these sorts of matters can have devastating and long lasting influences on children. I suggest that the parent in the case, your daughter, file either a request for mediation to discuss these matters or file a Motion with the court to address inappropriate viewing and exposure to adult matters by the Father. Most attorneys offer free initial consultations.

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.