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Questions Answered by Randi Sirlin
2 Answers | Asked in Divorce for Arizona on
Q: I filed thinking we would agree on the settlement, she came back asking for way more than her fair share. Next step?

In her response she came back asking for more money, more property, demanding she stay on my cell phone plan, and I have to keep her on my health insurance. I agree to her request for the health insurance and VA education benefits per eligibility requirements with Tri-care and the VA. I have... Read more »

Randi Sirlin
Randi Sirlin answered on May 21, 2021

You should at least have an experienced family law attorney review your new proposal and you should always have an attorney if you have a court hearing.

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1 Answer | Asked in Child Support for Arizona on
Q: Are child care expenses to be paid from the child support I recieve?

We have a parenting agreement and no were in our legal paperwork does it stipulate child care was factored into child support.

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

The answer to your question depends upon whether there currently exists a child support order. In general, child care expenses paid by one parent result in that parent having a "credit" of sorts for payment of the child care. However, some times the court will allocate the cost between... Read more »

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What should I file if the respondent in a custody case filed a response but never showed up to court? Default decree?

Default decree without a hearing

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

I would need to know more about your matter in order to answer the question. In some counties in Arizona, you may set up an account with the court's electronic filing system. It is important that you enter into the registration system the driver's license currently on file with the... Read more »

2 Answers | Asked in Family Law for Arizona on
Q: How do i go about getting guardianship of my grandson age 14

I need to get him into school and medical insurance for him. The only thing sent with him was hand written note from my daughter. (Not notarized or witnessed) and his immunization records and school withdrawal letter. My grandson lived in Alamogordo. NM. And i live in Apache Junction, AZ.

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

Because I do not know the facts of your situation, including the status of the parents and your relationship to the child, I am not able to answer the question. However, you should contact an experienced family law attorney and, if you are not happy with the results you obtain in court, contact an... Read more »

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2 Answers | Asked in Child Custody and Divorce for Arizona on
Q: My wife and i are currently separated not divorced. She is keeping me from him because I was rude in some way. Help.

My wife and i are currently going through a separation. We have a two, almost three, year old son. Unfortunately we have to agree on a set schedule. After not having him for three weeks my wife calls me saying she will not be able to bring him to me where I live, El Paso Texas and she lives in... Read more »

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

If you do not have a parenting time order, law enforcement may not do anything to help you. You should contact an experienced family law attorney and, if you are unhappy with the result you obtain in court, contact an experienced family law appeals attorney to inquire as to whether you may be able... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?

Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... Read more »

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

You likely will not be able to ask for parenting time or legal decision-making (formally called "custody") at a IV-D hearing. Also, you may need to domesticate the Wisconsin judgment. Finally, there is a fee to be paid for filing any action and service must be effectuated. You should... Read more »

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3 Answers | Asked in Family Law for Arizona on
Q: My friend got put in jail for not paying child support. She hasn't gone to court yet for sentencing and the jail won't

The jail won't let me bail her out. They didn't give her a lawyer or anything. And Im trying to help her but can't afford a lawyer. The jail is telling me she needs to go to court and bail needs to be posted there, but she won't be released until the court date. I am honestly... Read more »

Randi Sirlin
Randi Sirlin answered on Dec 2, 2020

She will need to wait to be arraigned. Some judges require the bond be the "purge" amount of child support owed, but other judges just want the person to start making some payments. If someone cannot afford their child support, it is their responsiblity to file for modification of child... Read more »

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1 Answer | Asked in Child Custody for Arizona on
Q: I have a question my son is resign under his father we do have 50/50 custody. If I move out of the states can he

File full custody even tho I let the court know I move out of state for what’s best for my son

Randi Sirlin
Randi Sirlin answered on Sep 28, 2020

You can not take your son and move him out of state without a court order. You should contact an experienced family law attorney to discuss a relocation case.

1 Answer | Asked in Divorce for Arizona on
Q: How do I get out of a subpoena. I do not want to testify against my brother in his divorce
Randi Sirlin
Randi Sirlin answered on Sep 22, 2020

The subpoena should have detailed information on it regarding your right to object. However, if you do not have a viable, legal objection, you may be forced to testify. You should consult an experienced family law attorney to assist you with the matter. It is important that you do not ignore the... Read more »

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I would like to know how and if there is a way to address current child support order.

I struggled to obtain a well paying job last year, I was let go once and I was out of a job for a few months, currently with COVID my income was affected. The first child support order was at $345 when I was consistently earning a decent income, but I no longer work there and my hours fluctuate,... Read more »

Randi Sirlin
Randi Sirlin answered on Sep 22, 2020

Arizona currently uses the 2018 Arizona Child Support Calculator. This is available for your use online. Part of any child support calculation includes a "self-support" test. The legislature has set a certain amount (currently $1,400) as the amount you need to support yourself. If you do... Read more »

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1 Answer | Asked in Family Law and Appeals / Appellate Law for Arizona on
Q: Need to find case rulings for appeals in Superior Ct re: injunctions ruled in Municipal Ct - Mohave County, AZ
Randi Sirlin
Randi Sirlin answered on Jun 3, 2019

You may want to seek out a law clerk, as it is legal research you need. However, if you want your work done by an attorney, then definitely contact an attorney who is familiar with appeals.

2 Answers | Asked in Child Support for Arizona on
Q: Is a biological father responsible for back child support, the child is 7 and he was just put on the b/c this year
Randi Sirlin
Randi Sirlin answered on Jun 3, 2019

A parent can ask for back child support regardless of the birth certificate. In terms of how long back, how to address the issue from either side, etc., I suggest you contact an experienced family law attorney.

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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: How to prepare a parenting plan for out of state parent. Also, looking for information on how to even get full custody

I have two daughters who are 4 and 3 years old. They currently live in AZ with the mother, I live in Chicago, IL. I'd like to get full custody of them because I do believe and have reasons why it would be in the best interests of the girls. Yet, I know that the courts do not usually favor with... Read more »

Randi Sirlin
Randi Sirlin answered on Jan 13, 2019

In Arizona, Judges may not favor either parent on the basis of gender and I do not see mothers being favored over fathers anymore.

If you want the children to live with you out of state, you will have to request the Court grant you permission to relocate them.

There are endless...
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1 Answer | Asked in Adoption, Child Custody and Family Law for Arizona on
Q: do you all help with child custody in a gay relationship?

i was with a woman 7/8 yrs (common law married) we have a child I paid for and inserted/incriminated the sperm my mom and I took care of ALL the daycare expenses until our daughter started school when she was three. Our daughter is 7yrs old now i have NOT once claimed her on my taxes yet i PAY FOR... Read more »

Randi Sirlin
Randi Sirlin answered on Dec 12, 2018

I believe that under Arizona state law, you have a de facto partnership and a family law attorney can definitely help you

1 Answer | Asked in Divorce for Arizona on
Q: Will property acquired prior to marriage law remain in effect even though the new wifes name was added later?

I purchased a home in 2008 as a single man, got married in 2011, and refinanced (with her name on the new loan) in 2014. Does that re-fi

wipe out the provision of community property "prior to marriage" being non community property?

Randi Sirlin
Randi Sirlin answered on Nov 30, 2018

There is no black and white when it comes to the law. However, in general, if you added your Wife's name to the title, the presumption is that you "made a gift" to the community.

If you need additional assistance, I recommend contacting an experienced, family law attorney.

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What would be a valid reason to request telephonic hearing for a custody case?

My ex and I have been petitioned for custody by his soon to be ex wife. He currently has sole custody and I have visitation. His soon to be ex wife has petitioned us for custody of our 4 yr old. I currently have a warrant for probation violation. It was mentioned to me I should ask to have a... Read more »

Randi Sirlin
Randi Sirlin answered on Nov 9, 2018

If the person who advised you suggested asking for a telephonic hearing because you have a warrant out for you, my guess would be that person is trying to shield you from being arrested for the probation violation.

If it were me, I would address the probation violation with a criminal...
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1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Is it true that any conviction in appeal is not a true conviction until the appellate process is exhausted?
Randi Sirlin
Randi Sirlin answered on Nov 1, 2018

No. Not everyone appeals. To appeal, you must take certain steps within specific time frames. If you need assistance, I recommend contacting an experienced attorney.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arizona on
Q: If I don't like a decision from a lower court, where do I go next?

A judge in a small town court issued a restraining order to the other party, without me even in the court room. When I protested this, in court, he not only let the RO stay, but didn't allow me to testify.

Randi Sirlin
Randi Sirlin answered on Nov 1, 2018

You can appeal to the superior court. IF you need assistance, I recommend contacting an experienced attorney.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Where do I look for publications if someone is trying to notify me of a summons and don't know where to find me?

Someone has petitioned me for custody but has my whereabouts as unknown. So in order to serve me they would have to do a notify by publication I believe. But I have no idea where to look

Randi Sirlin
Randi Sirlin answered on Nov 1, 2018

Someone can publish in ANY periodical of general distribution, which could be some small publication you will never find.

I recommend going to superiorcourt.maricopa.gov and look under "case information." Put in your name and or the other person's name.

If you need...
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1 Answer | Asked in Divorce for Arizona on
Q: I am in need of a divorce lawyer in Phoenix, AZ. I am married to a British man and have passed the time for an

annulment. We separated 4 months after getting married, he left back to England, and we have been estranged for 2 years. Can I still get an annulment? How do I move forward in legally divorcing this man?

Randi Sirlin
Randi Sirlin answered on Oct 29, 2018

You may still be able to obtain a Decree of Annulment.

There is no time limit. You must simply show an impediment to marriage existed.

If you need additional assistance, I recommend contacting an experienced, family law attorney.

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