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Questions Answered by Randi Sirlin
2 Answers | Asked in Child Support for Louisiana on
Q: The non custodial parent was ordered to pay a proportional share of medical bills. The main bills are from 2015.

I received the final bill, the main one, in 2018 after fighting insurance companies. The custodial parent won't help pay. What can I do? It is thousands.

Randi Sirlin
Randi Sirlin
answered on Apr 19, 2018

You can make a demand for payment. You should send the request to him, immediately, "certified mail, return receipt requested."

Keep the green card, as it is your proof of notifying him.

Usually unpaid medical reimbursement is considered unpaid child support, but it...
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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: My question is what are my option ? My story is that i had a kid with an ex but things got complicated that his parents

got involved and ended up us making us end the relationship and now ive had our daughter with me this whole time and the my exs mom keeps coming in between me and my childs life that she is trying to control her son and she wants to also make descions on the sons life and now she wants to involve... View More

Randi Sirlin
Randi Sirlin
answered on Apr 19, 2018

The father's mother (grandmother) has no rights to your daughter and you do not have to allow her access to your daughter.

I would speak with your ex and let him know you are going to file a request for Injunction against Harassment if she does not stop.

If you need further...
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1 Answer | Asked in Child Support for Arizona on
Q: if you have joint custody and he doesn't honor the 111 overnights in the decree, is he still entitled to joint?

He in the last 4 years has see them 50 times? can I refile for more child support for ages 12 and 14. he does live in another state than Az.

Randi Sirlin
Randi Sirlin
answered on Apr 19, 2018

If Arizona ordered the child support, it has "exclusive, continuing jurisdiction." Also, the children reside here (as long as they have been here at least 6 months, so that is another reason the court has jurisdiction.

If the child support was ordered in a different state, you...
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1 Answer | Asked in Child Support for Arizona on
Q: What are the guidlines for when you stop paying child support in Arizona and how do you go about that process?
Randi Sirlin
Randi Sirlin
answered on Apr 18, 2018

If you owe child support arrears, you would pay them until they are paid off.

If it is regular child support, a parent can stop paying after the child turns 19 or graduates from high school, whichever comes first.

You can submit a Motion to Modify or you may be able to submit an...
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2 Answers | Asked in Family Law and Tax Law for Arizona on
Q: Does my ex-need to put down our daughter's information in his taxes even though I supported her all year and

does he need to put her in his taxes even though ive had her all year and ive supported her myself ,we never married and i already claimed her in mines ... he claims he cant file an extension without putting her down

Randi Sirlin
Randi Sirlin
answered on Apr 17, 2018

Family Law Attorneys are really not authorized to provide tax advice. My advice would be to contact the IRS. You can find their phone number at IRS.gov.

If I was you and I had already claimed your daughter on your tax return, you supported her and did not receive child support from him, I...
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1 Answer | Asked in Child Custody for Arizona on
Q: What procedural rule do I use for a change of venue case in Az..pertaining to a child custody case?
Randi Sirlin
Randi Sirlin
answered on Apr 16, 2018

If you go to azcourts.gov and look under Arizona Rules of Family Law Procedure, you will find the applicable rule.

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

Often, questions of venue and jurisdiction are fact based.

1 Answer | Asked in Child Support for Arizona on
Q: I have child support in AZ and CA, but they are only leaving me with less than half my monthly check. Can they do that?
Randi Sirlin
Randi Sirlin
answered on Apr 16, 2018

Possibly. If you received services through the Department of Economic Security (food stamps, health insurance), the State may have an interest in the funds.

However, you may want to modify child support to make sure you are getting your fair share.

If you need assistance, you...
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1 Answer | Asked in Domestic Violence for Arizona on
Q: Can I still bail someone out even thought I'm the victim of domestic violence but pressed no charges against him.
Randi Sirlin
Randi Sirlin
answered on Apr 13, 2018

I would be happy to answer your question. If you were the victim of domestic violence, you definitely do not need to ask to press charges, but ultimately, it is up to the state to decide whether to prosecute or not.

If you need further information, please contact an experienced family law...
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1 Answer | Asked in Child Support and Divorce for Arizona on
Q: If child turns 18 and still enrolled in school , college, how long does he still have to pay child support?
Randi Sirlin
Randi Sirlin
answered on Apr 13, 2018

First, a parent is required to pay child support until a minor child turns 19 or graduates from high school

How long he has to pay child support will depend on whether there are any child support arrears. If so, he may have to pay child support for many years.

If you need...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: I live in Tucson AZ. This man was granted legal rights to my child in california. can i have case transferred to AZ?
Randi Sirlin
Randi Sirlin
answered on Apr 12, 2018

It depends. If the child has resided in Arizona for six (6) months or more, Arizona would be considered the "home state" of the minor child, in which case you could have the case transferred to Arizona.

You may also be able to have it transferred if the child has significant ties...
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1 Answer | Asked in Child Support for Arizona on
Q: Can I still get child support if the father of my baby lives in mexico ?

He doesn't have any legal document to come to usa

Randi Sirlin
Randi Sirlin
answered on Apr 12, 2018

You should file for child support. He doesn't have to be a citizen to be required to pay child support. You will, however, need to serve him. There are many methods of doing so.

If you need assistance, you should contact an experienced family law attorney.

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I am constantly being lied to by DCS regarding my case with my children. Nothing has been court orded and I've been

Complying with everything so far. My question is, Is there anything from a legal perspective that I can do? I was told the case was being closed then called me 2 weeks later wanting us to do a few classes and that's not the case.

Randi Sirlin
Randi Sirlin
answered on Apr 12, 2018

You can certainly ask why they decided not to close the file.

You can also call and ask if you are entitled to a copy of the file or if there is a procedure by which you can request it.

If you need additional assistance, I hope you will contact an experienced family law attorney.

2 Answers | Asked in Divorce and Real Estate Law for Arizona on
Q: can a divorcing spouse sign a quitclaim deed to give up interest in property the other spouse is buying?

Wife is wanting to buy a home with a seller carry and husband says he'll sign a contract giving up interest in the purchase. Would that work and would it be a contract or a quitclaim deed and would that be recognized as legal during the final divorce? If they are legally separated, does that help?

Randi Sirlin
Randi Sirlin
answered on Apr 10, 2018

A quit claim deed will work but it is better to sign a disclaimer deed and sign and file a "Rule 69 Agreement" with the Court, stating that the spouse who is relinquishing ownership will have no liability whatsoever regarding the loan.

If you need further assistance, you should...
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1 Answer | Asked in Divorce for Arizona on
Q: I've been married 33 years, we have no assets, savings, children, she has a 401k,but I don't. I want a divorce, ?
Randi Sirlin
Randi Sirlin
answered on Apr 9, 2018

If you are asking about the retirement, the answer is as follows:

You are entitled to 50% of the retirement if it was started during the marriage. If you set up and put your half in a retirement account, neither you nor your wife will be taxed or penalized by the IRS as it is called a...
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1 Answer | Asked in Divorce for Arizona on
Q: how can I prove his debts were used on extramarital affairs

I'm about to file for divorce and I need to know how can I prove that husband's credit card debts

were spent on extra marital affairs. He can't provide proof of what he used the credit card for since

it was over a long period of time.

Randi Sirlin
Randi Sirlin
answered on Apr 9, 2018

You will be able to prove it based upon what is called "Discovery" and/or "Disclosure." Rule 49 of the Arizona Rules of Family Law Procedure provides that both parties must exchange a limited amount of bank and credit card attorneys.

If I was your lawyer, I would also...
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1 Answer | Asked in Child Custody for Arizona on
Q: Is it illegal for mother flee state of Arizona with our kids pending a custody hearing
Randi Sirlin
Randi Sirlin
answered on Apr 8, 2018

Yes. Once a case is started in the court in Arizona, and a preliminary injunction was served, you may not remove the children from the state of Arizona.

1 Answer | Asked in Divorce for Arizona on
Q: do I have to pay husband's credit card debt from a foreign country

I need to file for divorce. Will I be responsible to pay my husband's credit card debt that he incurred in a foreign

country? with a foreign bank.

Especially that I didn't know about this debt, he never told me about this credit card debt.

Please advice.

Thank you!

Randi Sirlin
Randi Sirlin
answered on Apr 8, 2018

If you are getting a divorce in Arizona, the presumption will be that any debt which was incurred during the marriage (other than regarding real property), is community debt, which means you currently each are both responsible for the debt, whether one spouse knew about the debt or not.... View More

1 Answer | Asked in Family Law for Arizona on
Q: Regarding my previous question about communication with father.

He doesn’t have any relationship with them, that’s why I’ve been suggestion 2 visits throughout the week for 2/4hrs in my home or at our twins child care. They are only 8months old currently and im still breastfeeding them. But he doesn’t want that, when I send my message he always... View More

Randi Sirlin
Randi Sirlin
answered on Apr 6, 2018

Hi. If he hasn't had a relationship with the children and they are that young, your offer is mostly much more reasonable than his demands.

At 8 months old and being breast fed, it is not realistic for him to take them for extended periods of time.

What courts usually do, if...
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1 Answer | Asked in Family Law for Arizona on
Q: Regarding communication with the father of my twins.

Because we are going to court to establish child support, he has filed a motion to vacate child support, on the motion he stated I was keeping the twins from him, I was hiding the twins and that I’m only in this for the money. Which all is false accusations, I have emails and text that I offer... View More

Randi Sirlin
Randi Sirlin
answered on Apr 5, 2018

If he is the father of the children, he will most likely pay child support. Regarding parenting time, I would need to know more about the father, the children and their relationships.

In your situation I would definitely contact an experienced family law attorney,

1 Answer | Asked in Family Law and Legal Malpractice for Arizona on
Q: Does the prohibition on my spouse's ability to use a divorce lawyer because I've had an initial consultation expire?
Randi Sirlin
Randi Sirlin
answered on Apr 4, 2018

It does not expire. If you met with a particular attorney, that particular attorney should never meet with a person who has a grievance with you. The attorney has a fiduciary duty to you which will never expire.

If you have anymore questions, you should contact an experienced family law...
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