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Questions Answered by Randi Sirlin
1 Answer | Asked in Child Custody for Arizona on
Q: How and who do you submit a notice of strict compliance in Arizona for family court?

We understand what this notice indicates but can't find any resources on who the notice is submitted to or in what format. Does it have to be stamped into the court or just sent to the other party?

Randi Sirlin
Randi Sirlin
answered on Mar 20, 2018

The Answer is found under Rule 2, Arizona Rules of Family Law Procedure. You can electronically file it through the Court's electronic filing system and a copy will go to your judge.

A copy must also go to the other party.

Before filing a Notice of Strict Compliance, be sure...
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1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Is my ex wife (Custodial Parent) required by law in Arizona to tell me when children are sleeping at a friends?

So my ex wife fears that if I know she is alone then I will try to harass her at home or worse. I have "harassed" her, but only via text. I sent multiple messages one after another. My opinion is that I was just trying to get her to talk to me and understand how I felt, but she considered... View More

Randi Sirlin
Randi Sirlin
answered on Mar 20, 2018

Unless your parenting plan requires a parent to inform another parent of where a child is sleeping, she does not need to inform you (unless the child is now living with someone other than the parent).

1 Answer | Asked in Family Law for Arizona on
Q: An ex-boyfriend I was living with chose to pay off my car. We later broke up. Now he wants pmt in full. Is it a gift?

He chose to pay off my car for me and refused to take any payments from me since it was for "us". I unfortunately had to break up with him months later due to his controlling behavior, etc. Now he is insisting on full payment for the amount of the vehicle. I have continued making monthly... View More

Randi Sirlin
Randi Sirlin
answered on Mar 9, 2018

It depends. If he is the only one on the promissory note (or loan), that he is responsible for paying that debt.

If he put the car title in your name, it is definitely a gift.

As long as you are NOT on the note, you don't have to worry about your credit score.

Hope that helps! Randi

1 Answer | Asked in Family Law and Divorce for Arizona on
Q: In AZ can you remove spouse from health ins if neither party has filed for separation or divorce?

Want to make sure this doesn't cause issues in the long run when I do file.

Randi Sirlin
Randi Sirlin
answered on Feb 28, 2018

Yes, but you probably should not do it right before you get a divorce or legal separation.

2 Answers | Asked in Family Law and Divorce for Arizona on
Q: can I give a divorce settlement check to the courts to issue to my ex for record keeping
Randi Sirlin
Randi Sirlin
answered on Feb 21, 2018

Only if the check is for spousal maintenance or child support. If it is simply a settlement check, as long as you agree to the terms of the settlement, you can simply cash the check. However, be careful. If you don't agree to ALL the terms of the divorce, signing and cashing the check could... View More

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1 Answer | Asked in Child Support for Arizona on
Q: I’m currently paying child support in IA now live in AZ & I am going to have to pay for anothe child here who gets more?

I don’t understand which mother that I pay child support to should get more? Shouldn’t it be equal? Or will the one who already gets my child support be paid a high percentage?

Randi Sirlin
Randi Sirlin
answered on Feb 21, 2018

I can only advise you regarding Arizona law, as I am not licensed to practice in Iowa.

There are many considerations regarding the amount of child support to be ordered by the Court in Arizona.

The court considers the respective incomes of the parents, the parenting schedule...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Judge ordered I pay cs now due to change in pt. I was late on some payments, trying to estimate interest. How can I?

Think it's yearly percentage but not sure if they accrue it each month on the balance owed or if it's accrued at the end of the year as one lump sum.

Randi Sirlin
Randi Sirlin
answered on Feb 13, 2018

You can request an official Arrearage Calculation with the Court. In the meantime, you can obtain an unofficial payment history through the Court and on line.

1 Answer | Asked in Divorce for Arizona on
Q: Is it a conflict of interest if the judge has already had prior dealings in a case with the husband in a divorce case?

This is in the state of Arizona the wife also went to school with the judge

Randi Sirlin
Randi Sirlin
answered on Feb 9, 2018

Unless they were friends, there is likely nothing you can do.

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: my 8yr old dont like going to her dads now he want to take me to court, but i dont keep her from him she goes most times

he wants to take me to court because she dont like going over for good reason. his name isnt on her birth certificate and he dont help me financially. we have been doing a week on a week off for the past year and before that it was every other weekend and every Tuesday. i deal with all the... View More

Randi Sirlin
Randi Sirlin
answered on Feb 9, 2018

If there is a court order in place for her to go, you need to let her go unless he truly is a danger to her. If that is the case, you should file a Petition for Order of Protection and put her on it. She sheriff will serve it at no cost to you. There is no cost to file.

You must allege...
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2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: I have not filled out papers for custody for my son but my ex boyfriend took my son and refuses

to let me see him or talk to him I think he's going to take him to Mexico what can I do

Randi Sirlin
Randi Sirlin
answered on Feb 7, 2018

I would start by obtaining a copy of the birth certificate and asking the sheriff or the police to assist you with having your son returned to you from the Father.

I can only give you information regarding Arizona law, but I suggest you begin a Legal Decision-Making (Custody), Parenting...
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1 Answer | Asked in Child Support for Arizona on
Q: Pinal County AZ. Made 2 years of child support payments directly without going through clearinghouse.

Ex said she would file affidavit, but no go. What are chances of getting Judge to give me credit with proof?

Randi Sirlin
Randi Sirlin
answered on Feb 6, 2018

If you have copies of canceled checks, for a specific amount, each month and can prove that to the judge, you may be able to get credit for those 2 years of payments.

If you made periodic payments in varying amounts, you may be able to get credit, but the Court could decide you made...
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1 Answer | Asked in Child Support for Arizona on
Q: Never served papers, upon ordering from county clerks, ex had papers sent to her house and signed for. She filed. Legal?

She is the complainant in this child support case. Had my address, yet I was never served. Turns out she signed for them! Is this legal? I was unaware of the court date, and now don't feel like I have sufficient time to prepare.

Randi Sirlin
Randi Sirlin
answered on Feb 6, 2018

It is definitely NOT acceptable for her to sign for the documents! I would call up the judicial assistant for the judge or commissioner (you can find that information at superiorcourt.maricopa.gov) and let them know you will be filing an Emergency Motion to Continue.

Then you must file it...
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3 Answers | Asked in Child Support and Tax Law for Arizona on
Q: I paid the total child support ordered for this year but I was late one or two times do I get to claim my child still?

My child support amount changed twice this year so there were two months that werent paid on time. But i calculated that i paid over what has been ordered for the year and have all of my receipts but my kids mom will states that i didnt pay on time and refuses to let me claim them.

I was... View More

Randi Sirlin
Randi Sirlin
answered on Feb 5, 2018

The commissioner is correct. As long as you have paid all of your child support by December 31 of any given year, you can claim your child for purposes of the minor child tax credit and minor child tax exemptions if it is your year to do so.

You can also order an official arrearage...
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1 Answer | Asked in Child Support for Arizona on
Q: How do I modify an incorrect date in my divorce decree?

I was divorced in 2013. I have a minor child that will turn 18 on Aug 12, 2018 and will graduate from high school in May of 2018. The divorce docs incorrectly state she will not graduate until May of 2019. There is a court ordered garnishment that is effective until May of 2019. I need to... View More

Randi Sirlin
Randi Sirlin
answered on Feb 5, 2018

You may want to file a Motion to Modify Order of Assignment. You may be able to call the attorney general's office and have them take care of this for you.

2 Answers | Asked in Family Law for Arizona on
Q: Do I need an attorney present to request a paternity test or should I proceed w/ filling paperwork to request paternity
Randi Sirlin
Randi Sirlin
answered on Feb 5, 2018

You are not required to have an attorney, but it is a good idea to have one, as an experienced attorney can help you navigate the process.

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3 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I have a 5 mnth old. How often should she see her father. He gives me $200 mnthly. He sees her every SUN for 2 hrs

My baby's father and I have never been in a relationship. My daughter is now 5 months old. I went to child support and he became upset. We decided( him and I, without Child support ) $200 was okay every month. He gets to see her every Sunday fr 2 hours. and now wants me to leave the baby with... View More

Randi Sirlin
Randi Sirlin
answered on Feb 2, 2018

Child Support is based upon a formulation which takes into account each parent's income, other children for whom they support or reside with, child care expenses, health insurance and how much time each parent spends with the child.

You can do your own calculations about what might be...
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1 Answer | Asked in Child Support for Arizona on
Q: What if the father files first asking for child support and makes more money than the mother who is responding?

What if the father files first knowing the mother was going to and asks for child support even though he makes about double what the mother makes? Will he be granted support even though he makes more? Will not filing first prevent the mother from being awarded child support?

Randi Sirlin
Randi Sirlin
answered on Feb 2, 2018

One need not file first to be entitled to child support. Even if one parent makes more than the other parent, he or she may be entitled to child support.

Regarding child support, the Court seeks to provide for the child a lifestyle that is a close to the one the child enjoyed, although...
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1 Answer | Asked in Divorce for Arizona on
Q: If I am the respondent being served divorce papers. I didn't respond because we reconciled with in the 20 days.

5 months later the petitioner wants to proceed. Do I respond to the original request

Randi Sirlin
Randi Sirlin
answered on Feb 2, 2018

If the petitioner wants to proceed five months after you were served, you can certainly respond to the original divorce papers (Petition for Dissolution).

You may want to submit a Notice to the Court that you and Petitioner did reconcile that that is why a timely Response was not filed,...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Payments made to AZ clearinghouse made every month, not credited every month.

A wage assignment was ordered, but for some reason it never happened. CS was mailed the last week of each month. 6 Times in 2 years, the CH did not post the CS to the correct month. Therefore a 0 is showing for the month, with a double payment the next month. What are the written procedural... View More

Randi Sirlin
Randi Sirlin
answered on Feb 2, 2018

I recommend you first request the court order an arrearage calculation. You certainly can then show the dates you sent the checks in.

Most orders state that child support is due on the first of the month, but if you are paid twice a month, the funds will come out of each paycheck, as a...
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