Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John R Gaertner Jr
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
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!

View More Answers

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
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.

View More Answers

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
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
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... 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.... Read more »

John R Gaertner Jr
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
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.

1 Answer | Asked in Family Law for Arizona on
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?

I am a very concerned grandmother. Daughter/mother of children just went thru trial where father asked for additional time with boys, decrease in child support. Daughter victorious in judgment - father only recd one additional day in month. However, father's continued behavior to expose... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on May 15, 2016

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... Read more »

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.