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I filled out forms on-line for "divorce with no minor children", but when it asked me for biological or adopted children I filled in the info for my adult children. This automatically assigned summons for support and parenting classes. How do I remove this from our divorce?
answered on Aug 9, 2018
If no Response has been filed, you can file an Amended Petition. If a Response has been filed, you must file a request with the court called, "Motion for Leave of Court to Amend.
If you need assistance, I recommend meeting with an experienced Family Law Attorney.
I have my kids from 6:30 pm until I drop them off at school at 7:20 am and their father has them from 2:00 pm-6:30 pm Monday-Friday. We switch every other weekend.
answered on Aug 9, 2018
While the court has discretion which may be based upon particular facts in a particular case, the 2018 Arizona Child Support Guidelines currently divide time periods as follows: time based upon 24 hours, time based upon 12 hours, time based upon 6 to 11 hours, time based upon 3 to 5 hours and... View More 
Also, I read something about court being able to take into account his "earning potential"... based on his education and experience, he should/could still be in financial management with a good salary, 401k, health insurance, etc. etc. Now don’t have any of that, and he’s looking to... View More
answered on Aug 8, 2018
The answer to your questions is, "it depends."
Regarding an overpayment in child support, if you ever received services such as AHCCCS, food stamps or the like, the State may not require you to pay that back.
While I can't tell you whether you will have to pay it... View More
The NCP in our case has a considerable arrears balance (over 20k). The NCP pays monthly, as ordered, toward current and future child support. Recently, he offered an unacceptably low settlement offer on the arrears and seems to impatiently and angrily reaching out to family and friends about... View More
answered on Aug 8, 2018
You can easily research which licenses he might not be able to receive with a child support judgment.
I am not sure what an "NCP" is, but unless there is a judgment, I can't imagine anything would hold up his licenses.
I don't know the particular facts about his... View More
answered on Jul 26, 2018
The danger of staying married and not getting an actual divorce is that, not only can you not re-marry during that time, but the parties, unless they can agree otherwise, will have to equitably divide the debt and assets which have accumulated even though you are not co-habitating.
If you... View More
answered on Jul 25, 2018
It depends. If either of you already filed something in court, then you need to submit your signed, notarized printed custody agreement with the Court for signature.
If you did not file anything in Court, you can probably do nothing or you could record the agreement.
If you did not... View More
I am court ordered to pay for child care but our daughter hasn't gone to day care in over 2 years. I still send money because she's my daughter. I've recently had a change of finance where I cannot work full time, therefore I cannot send as much. The court order hasn't changed... View More
answered on Jul 20, 2018
While I do not know all of the particular facts in your case, I am not able to provide legal advice, however, I can provide you with information.
In most cases in Arizona, you will need to file a Petition to Modify Child Support. Payments made to the other parent, without being through the... View More
Is there anything I can do through courts fast to get a ok
answered on Jul 18, 2018
Because you haven't informed me about whether it is an Arizona Parenting Plan, I cannot answer the question. There are motions which can be made on an expedited basis, however.
I voluntarily placed my daughter in my family's care due to no adequate child care. A family emergency forced us to move and while they were to just watch her while I packed. now I am being kept from her. They ignore my calls. And throw my mail I send to her. They've made her believe I... View More
answered on Jul 12, 2018
Unfortunately, because I am not licensed to practice law in New Mexico, I cannot provide you with any information.
We've been having issues due to her alcohol problem but long story short, her dad, who lives in CA is here trying to get into this place. Our daughter is out of town in Indiana. I do not want him coming in here because the reason I left him was due to abuse. I really need to know if I have to... View More
answered on Jul 12, 2018
Unfortunately, because of how factual the problem is, I believe you need to consult with an experience attorney who is versed both in the Arizona Landlord Tenant act and family law.
My employer advised me since this is a court order they must garnish my wages as requested. They only want a total of $1200. I had a vasectomy in 1997 but the doctor is no longer around. I will gladly take a paternity test but feel they should pay for it! Help!
answered on Jun 22, 2018
I would get any and all documentation from Puerto Rico and "domesticate the judgment so you can address it here.
You could also do a motion for order stopping withholding order here and request a paternity test.
Nothing's been ordered through the court, we had the conference mediation, nothing was settled through that. We found out some not-so-good things that she's been doing. So now we want to go for full custody, is there another filing fee, how much longer is it going to take. As it is she... View More
answered on Jun 22, 2018
If she is not allowing you to see your child for more than 2 hours a week, you should file a Motion for Order for Legal-decision-making, parenting time and child support.
Regarding the fee, if you just paid a filing fee to start the case, you can file something called a "motion for... View More
I gave him custody for only a year. I did all the requirements and more. Now it has been six months past the year mark. He won't meet with me to change the custody paperwork and won't respond to any of my texts. He is actually not following his own rules through the courts.
answered on Jun 22, 2018
You can file for a modification of legal decision-making authority, parenting time and child support.
I suggest you meet with an experienced family law attorney and for any consultation, bring with you a copy of the last written order for custody (now "legal decision-making... View More
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.
answered on Jun 21, 2018
Yes! You have rights. If she filed a Petition for Legal-Decision Making Authority, Parenting Time and Child Support, you should file a Reply for Paternity, Legal Decision Making Authority, Parenting Time and Child Support. As long as you are on the birth certificate, there is a presumption that... View More
No weapons involved nor was anybody present when some dishes got broken
answered on Jun 21, 2018
Yes. They may revoke your Brady rights (your rights to have guns in your possession.
I found whear he is and I just don't know how to go about this
answered on Jun 21, 2018
This simple question may require complex answers, including the fact that you MIGHT have to address it wherever your daughter is, if she has been there for years.
The Uniform Child Kidnapping Act may come into play and what steps you took to find her.
My recommendation is you... View More
Requesting supervised visits for my spouse and zero contact with me.
This all stems from a heated argument we got into while on vacation. We are both in recovery and we relapsed while on family vacation. We had a verbal fight, but were arrested for misdemeanor domestic violence. No charges... View More
answered on Jun 12, 2018
First, it appears that while some domestic violence may have occurred (verbal abuse may be considered domestic violence, I would argue that it was not substantial domestic violence which would interfere with the legal decision making or parenting time.
Regarding the Order of Protection, if... View More
answered on Jun 11, 2018
It depends. If you have a Parenting Plan in Arizona, you can file a Petition to Enforce Parenting Time and you may request sanctions, including any attorneys fees and/or costs you incur as a result. You may also ask for "make-up" time.
Any Petition for Enforcement should include... View More
my husband and I married in 2007 and have not lived together in years. we were told that Arizona will annul our marriage without notifying either of us. is this true? Are we still legally married?
answered on Jun 11, 2018
In Arizona, I have never heard of any arm of the State (including a Court) annulling any marriage, with or without notice, of its own accord.
To the best of my knowledge, the Court would only consider annulment upon on spouse filing a Petition for Annulment and meeting the requirements to... View More
Case is in NC. How does it work? Why do I pay Support after graduation after child turns 18?
answered on Jun 7, 2018
I cannot give you legal advice regarding North Carolina. If your case was in Arizona, a child support order is presumed to terminate upon the minor child turning 19 or graduating from high school, which ever comes first, so here, there could easily be a current support obligation. Regarding... View More
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