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.
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.
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 »
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 responsibilities.... Read more »
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...Read more »
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 »
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 a bait... Read more »
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 »
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 test... Read more »
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 »
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 has... Read more »
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 »
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 parties... Read more »
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...Read more »
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.
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 »
I want to know what is the procedure to stop my child support payments to the court , I had two heart surgeries , the first one Nov.1, 2017 for repair of one heart valve and the second one at Nov. 17th ,2017 for Cardiac Arrest for use of Coumadin treatment I had all my medical record from the... Read more »
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!
My fiances aunt falsely accused us of threatening her and didnt get any of my info right. She has mental health issues and doesnt pay rent at all yet she lives with us and got us immediately removed. Am i allowed to go back to my and his house because of that? How is it she is allowed to stay in... Read more »
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...Read more »
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...Read more »
Originally we did mediation and came to an agreement. I filed divorce with children in December. He acknowledged it but Did not respond. We have completed the class and it's more than 60 days out. I'm confused which packet I'm supposed to do. We have already agreed to everything.
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....Read more »
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