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Questions Answered by Randi Sirlin
1 Answer | Asked in Divorce for Arizona on
Q: Spousal support start date on divorce docs. Red flag?

Can spousal support start date begin before actual final divorce? I'm filing uncontested without a lawyer and don't want the court to hold it up with questions about alimony. Thanks.

Randi Sirlin
Randi Sirlin
answered on Jun 5, 2018

There seem to be a number of issues within your message.

First, in regard to a spousal support start date, if a party files for temporary spousal maintenance, that may begin the first day of the month after the party filed for it and can be retroactive to that time.

If a party...
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2 Answers | Asked in Family Law, Divorce and Real Estate Law for Arizona on
Q: My wife and married son own a home together that was purchased in cash prior to his marriage.

Does his soon to be estranged wife have any rights to the property?

Randi Sirlin
Randi Sirlin
answered on May 31, 2018

Maybe. If there was home improvement done with wages or other "community" or marital money, or if they took out a home equity loan (H.E.L.O.C), she may have an interest. If the home is worth more now, do market forces (appreciation), then she likely does not have an interest in that... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: what can I do if my kids come home from their dads and cry about him yelling and screaming and telling them I don’t love

We have temporary orders and I have the. Primarily my attorney doesn’t respond to any of my emails or help me what so ever!!

He is over 10k behind in child support and is a pathological liar! I also have a restraining order against him for threatening to kill me!

Randi Sirlin
Randi Sirlin
answered on May 30, 2018

If your attorney does not respond to your emails, that is a problem. Your attorney has a duty to communicate with you.

If your children come home and tell you the Father is yelling and screaming and saying you don't love your children, the first thing I would tell your children is,...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: I am getting remarried and will be relocating with a child within 100 miles. My ex is trying to stop the move.

No additional details.

Randi Sirlin
Randi Sirlin
answered on May 30, 2018

You are permitted to relocate so long as it is not 100 miles or further than the current residence.

The only issue I can imagine coming up is how long your child will have to spend in a car and the Court could order you to do most of the driving.

If you need further assistance, I...
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2 Answers | Asked in Family Law for Arizona on
Q: Is my ex husband Still the presumed father?

My baby was CONCEIVED BEFORE MARRIAGE but was born a week before the divorce was granted.

No custody was legally established because I left the state where the divorce happened before the baby was born and this remains so.

Randi Sirlin
Randi Sirlin
answered on May 24, 2018

I believe that he is the presumed father if you were married,

It would probably also depend if you and your ex-husband agreed, within the Petition for Dissolution and the Response, if you were pregnant.

If you need further assistance, my recommendation is that you contact an...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Arizona on
Q: Am i required to give spouse 2 weeks of uninterrupted time if he did not submit request in time?

Our decree states that the deadline for requesting uninterrupted time with our kids is May 1 of each year. I requested time well in advance of that date, my ex husband has not requested time yet. Last year, he did the same thing, but verbally requested time well after the deadline, which I agreed... View More

Randi Sirlin
Randi Sirlin
answered on May 24, 2018

As long as your Decree and Parenting Plan does require that a request be submitted no later than May 1, in writing, for the two weeks of parenting time, and there are no repercussions stated in the Decree and Parenting Plan for failure to do so, then you do not need to agree to a verbal request.... View More

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... View More

Randi Sirlin
Randi Sirlin
answered on May 22, 2018

Arizona most likely has exclusive and continuing jurisdiction over the child support order.

I am not able to give you advice regarding New York because I am not licensed to practice in New York.

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

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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Slandering my name on social media. Going through a child custody case.

I'm going through a child custody case. I'm going for full 100% custody of my child bc the reasons of my child father has never took good care of my son. My family and friends have seen on social media that the father of my child and his family has been slandering my name across the... View More

Randi Sirlin
Randi Sirlin
answered on May 17, 2018

The Father is not being very smart. The Court will not look kindly at his behavior. If I were you, I would be taking pictures of all social media that disparages you and making sure, if your case goes to court, that the judge sees the pictures.

I advise my own clients to stop using any...
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1 Answer | Asked in Divorce for Arizona on
Q: Looking to get divorced. My husband and I are both on title of house...I am solo on loan.

There is a Federal Lien against the property (my debt) for more than it is worth. Could I be forced to sell it even though no one stands to make any money off the sale?

Randi Sirlin
Randi Sirlin
answered on May 14, 2018

In Arizona, we have what are called "anti-deficiency" statutes, so even if you file for bankruptcy, the government will not take your home.

However, if you fail to make payments on the house, your house might go into foreclosure and then you would be forced out of your home....
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1 Answer | Asked in Child Support for Arizona on
Q: On the modify child support if I am not working now, do I put in 0 income for 2018 or would need to put in my income

for 2017 ?

Randi Sirlin
Randi Sirlin
answered on May 12, 2018

It all depends on the circumstances of why you are not working and whether the Court finds good cause to do any of the following:

1. Order your income as zero;

2. Attribute minimum wage to you;

or

3. Attribute an amount consistent which what you were not previously...
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1 Answer | Asked in Child Custody, Child Support and Collections for Arizona on
Q: Have Judgment issued against ex wife for stealing my furniture in Superior ct of AZ. Need a collection attorney. Claim

Also need a family court attorney to help me when i am ill, to defend me against ex wife wanting more child support, while i am in hospital

unable to work, until I recover. But i am still paying $400.00 per mo. but ex wants $2000.00 a month and she makes $67,000 per yr. and

I can... View More

Randi Sirlin
Randi Sirlin
answered on May 12, 2018

You need to file a Motion to Modify Child Support. If there has been a 15% change in circumstances, you may file for what is called Motion to Modify Child Support, Simplified Procedure, so that you may not even have a court hearing.

If you need further assistance, you should call an...
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2 Answers | Asked in Family Law for Arizona on
Q: I want to have grandparents rights and need help from a lawyer to review my papers before I file them. Who can help me?

I am the maternal grandmother. I was given permanent guardianship of my grandson when he was 2 months old. He is now almost 5. His parents are both in prison Dcs now has taken guardianship from me and placed my grandson in foster care due to me loosing our place to live. The judge ordered that... View More

Randi Sirlin
Randi Sirlin
answered on May 11, 2018

Any experienced attorney can help you. Unless one of the parents will not permit grandparent time, the Court will order that the grandparents can have time while their child (Mother or Father of the children) will not permit grandparent time.

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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: What steps do i take to have a custody case transferred to another state?
Randi Sirlin
Randi Sirlin
answered on May 7, 2018

I am not licensed in any state other than Arizona, so I cannot give you any legal advice regarding the requirements of another state to have the case transferred.

If the question what what steps do you have to take to have an actual case transferred to Arizona (I know that is not the...
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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I defaulted on my divorce court hearing, and ex was given sole custody, can I go to court and get joint?

My ex failed a drug test for meth, and is in a recent abusive relationship.

Randi Sirlin
Randi Sirlin
answered on May 2, 2018

Yes.

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1 Answer | Asked in Child Support for Illinois on
Q: Is it possible to sue child support services? After I filed 2 years ago, they "lost my file" for the SECOND TIME!!
Randi Sirlin
Randi Sirlin
answered on Apr 21, 2018

I do not practice law in your state, so I can't give you legal advice regarding whether you can sue.

However, in general, anyone can sue any person or any entity

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Does the 20 yr statue of limitations regarding arrears mean that if the debt is not collected in timeframe it dissolves?

The literature I read sounded as though the state (AL) had 20 years from date of order to collect the arrears by various means however if not collected within 20 years, it would no longer be due. Is that accurate?

Randi Sirlin
Randi Sirlin
answered on Apr 21, 2018

I do not practice law in your state so I can't give you legal advice regarding your state laws.

However, if there is a statute of limitations for collection, that means you have that much time to ask for child support.

If there is statute of limitation is for how long you have...
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1 Answer | Asked in Divorce for Arizona on
Q: Does my husband have the right to keep my clothes from me if we are still married?

We are still married, but we are going to get a divorce. But I'm living with a friend and he told roommate he would bring the over and then he changed his mind. He said he would give me my clothes if I sign the divorce papers and let him get full custody of our daughter. Can he do this or does... View More

Randi Sirlin
Randi Sirlin
answered on Apr 20, 2018

You are entitled to your clothing. You can call the police and ask for a stand by for them to assist you to pick up your clothing.

do NOT sign anything giving him full custody, even if you don't get the clothing back yet.

The most important thing about your divorce is probably...
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1 Answer | Asked in Child Support for Virginia on
Q: My daughter is 19 and her father pays child support and was wondering if she is aloud to get a job and receive pension

Without jeopardizing since onces your child gets a job, they can start managing their own expenses.

Randi Sirlin
Randi Sirlin
answered on Apr 19, 2018

She is certainly permitted to get a job. If there is a pension program associated with the job, she can definitely enroll in that.

In Arizona, child support terminates when the child turns 19 or graduates from high school, whichever comes first.

If you need help with this or have...
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3 Answers | Asked in Child Custody, Child Support and Family Law for Rhode Island on
Q: Mother has taken full sole custody. How is she able to still take me for child support?
Randi Sirlin
Randi Sirlin
answered on Apr 19, 2018

The Courts in Arizona view child support as completely separate from child custody. Unless someone else has adopted your children, a parent has a duty of support.

I hope this helps!

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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: can i get a custody case transferred from San Diego CA to Tucson Arizona?
Randi Sirlin
Randi Sirlin
answered on Apr 19, 2018

You can try. If you live in California, but want to move to Tucson, the children will need to have been in Tucson for 6 months for the Arizona court to have jurisdiction and you must be here 90 days before you file.

I do not know what the laws are in California. I believe you have what is...
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