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Questions Answered by John R Gaertner Jr

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 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 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 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 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 responsibilities.... Read more »

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 his... Read more »

2 Answers | Asked in Family Law for Arizona on

Q: How do I file a false CPS complaint ?

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 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 a bait... Read more »

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 test... Read more »

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 has... Read more »

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 parties... Read more »

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 that if he... 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 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 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 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 »

2 Answers | Asked in Child Support for Arizona on

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

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 »

John R Gaertner Jr answered on Jan 18, 2018

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!

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2 Answers | Asked in Domestic Violence for Arizona on

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

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 »

John R Gaertner Jr answered on Jan 17, 2018

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.

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1 Answer | Asked in Child Custody for Arizona on

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?

I just want to find out how to be able to make it so I have my girls more then just whenever their mom thinks it okay and would want to get a schedule together.

John R Gaertner Jr answered on Nov 20, 2017

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 »

1 Answer | Asked in Divorce and Family Law for Arizona on

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

There is no custody. They got married in Feb 2017 James was born in June she left oct 20. Can my son go get him from Idaho and bring him home

John R Gaertner Jr answered on Nov 16, 2017

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 »

1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on

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

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.

I do need... Read more »

John R Gaertner Jr answered on Apr 12, 2017

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 »

1 Answer | Asked in Divorce for Arizona on

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

and I am 60. I received 1/2 of his s.s. payment in the mail on a card with my maiden name on it ( I kept my married name). He said it was a IWO and had me quash the order to stop me from getting 1/2. I need to find out where and why I was getting this money because the clerk of courts have no IWO... Read more »

John R Gaertner Jr answered on May 15, 2016

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.

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