I am in Arizona and my children's father lives in California. We meet halfway which is approximately 400 miles for each of us. Our child support order states he is responsible for 74% of travel costs related to parenting time over 100 miles away. Is it calculated after the initial 100 miles... Read more »
Father refusing to help pay portion of medical bills after 18
I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... Read more »
answered on Sep 27, 2022
Who pays child support currently is unrelated to whether arrears are owed.
Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.
I am only requesting a small schedule change to take my 3 year old son to a major life event she is obstructing. What course can I take. This divorce has gotten very high conflict.
answered on Sep 8, 2022
If the divorce is still pending, the Preliminary Injunction is still in place. This means you'll need to either get the other parent's permission to travel out of state or you will need to seek a court order to permit the travel. If the latter, you will need to file a Motion to Travel out... Read more »
The father has closed his bank accounts, works full time for a friend of his, but gets paid under the table. No paper trail of income. But he owes over $10,000 in rears. Any advice would be greatly appreciated.
There are two reasons I'm asking, cause I'm definitely going to try one of them. I've had my kids all of the first year of life and most of the time, up until the 26 of last month. Now I only get them the 1st 2nd and last weekend of the month. I had a dcs case open, based on... Read more »
answered on Sep 2, 2022
You can file both. But I really don't recommend an appeal generally for a custody case. Appeals can take 9 to 15 months, and some even longer, and your remedy is a new trial. In the meantime, the current orders stay in place. By the time the appeal gets decided, you would be eligible to modify... Read more »
answered on Aug 11, 2022
Pay something for both.
If this Court-ordered child support, you'd better either pay the full amount or get the amount modified.
Falling behind on child support can financially ruin people. Interest accrues at 10%, you can't get rid of it in bankruptcy, there's no... Read more »
Custodial parent and child live in Florida and last year established child support in AZ. There is no indication that the state of FL is responsible for the petition. It only has the custodial parents name on it. And it says NO TANF. Non custodial parent is paying two states currently on child... Read more »
answered on Jul 27, 2022
There should only be one state that issues the actual child support order. The state that issued it first has continuing, exclusive jurisdiction to modify child support under A.R.S. § 25-1225. That state hangs onto continuing, exclusive jurisdiction to modify child support until both parents and... Read more »
I am planning on filing to establish paternity just to prove that he’s the father. Am I, as the mother, allowed to decline child support from the father, or would the AZ courts require this to be paid for the child? In addition, if he dies and paternity is established, would the child receive... Read more »
answered on Jul 12, 2022
You can file just to establish paternity. You are not required to seek child support.
If dies and paternity is established, the child would inherit from the father, but ONLY IF the father dies without a will or trust. If he dies with a will or trust in place, he can choose to include or... Read more »
We have joint custody by court order but the past 4 years I had my daughters
answered on Jul 10, 2022
Until you go to Court to change it, the child support order remains in effect. You should file a Petition to Modify right away. Unfortunately, and I certainly recognize that this is hardly fair: But the Court can't go back in time and rectify the child support you owed for the past three... Read more »
I have a child support order in Arizona (where I currently live) which started in Oregon (where I got divorced) for my 5 children with my ex. My ex has not seen our children in 4 1/2 years and not spoken with them in 3 years (regardless of me setting up times for phone calls- he just flakes). I... Read more »
answered on Jul 6, 2022
A termination of parental rights does not terminate a parent's child support obligation. But when a child is adopted by someone else, the terminated parent's obligation to pay child support ends.
This comes from ARS 8-539, which reads: " An order terminating the parent-child... Read more »
My ex, who lives out of the country and hasn't made financial contributions in my child's upbringing, wants visitation and decision-making rights. Can I insist that if he wants visitation he should pay child support? Should I mention in the final hearing that I have a boyfriend who wants... Read more »
answered on Jul 5, 2022
There are so many variables. If there is any way you can consult with a competent family law attorney in Pima County, I suggest you do so. If your ex has not made any financial contributions and lives outside the US, I think you have a good case for limiting his visitation to supervised visitation... Read more »
I do not agree with what is stated in this motion, I am not ready & I cannot afford legal counsel.
answered on Jun 30, 2022
Yes. If you do not respond, the Court can set the matter for trial whether you are ready or not.
Do an internet search for "Arizona legal self-help." There are resources that may assist you in responding.
I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... Read more »
answered on Jun 20, 2022
Yes, you can. But you probably should get the lawyer on board as soon as you can because there are deadlines approaching in your case as trial gets closer. The longer you wait, the less strategic options your attorney has.
We both have TX IDs still so I don’t know which state has jurisdiction to handle our case. We’ve lived in AZ for a year now. I have a big family support system back in Texas and his father doesn’t really have much support with extended family here in AZ. I cant afford to live here anymore and... Read more »
answered on Jun 13, 2022
This is an incredibly complex question for an "Ask-a-lawyer" service but I will give you the highlights.
Your answer depends on whether or not you were married to the father and whether or not you have a custody order from Texas or any other state. Assuming you are not married and... Read more »
Father wants nothing to do with child until paternity is established, I do not want him involved with the child as I have moved on and am with someone whom will assume that role. Can I still collect child support and choose that he not be in the child’s life?
answered on May 25, 2022
The short answer is no.
If you establish paternity he will be required to pay child support but he can also assert a right to parent time. 50/50 custody is presumed to be in the best interest of the child but it appears you are in Minnesota and the father may be in Arizona?... Read more »
answered on May 25, 2022
No. Child support ends when two conditions are met (1) the child turns 18 and (2) graduates high school. Only one of those conditions are met. Therefore, child support continues until she turns 18.
The judge refused to interview the 16 year old grandson. She stated that minors are not allowed to voice opinion. Then later in the procedure claimed he wasn’t interviewed because no one put in a motion for him to be interviewed. We were totally unaware of this possibility. We feel it is... Read more »
answered on May 24, 2022
Yes, you can appeal, provided you have not missed the deadline to start an appeal.
But I want to be frank with you because I don't want to see you spend time, money, and energy pursuing something that is not going to get you where you want to go. And I preface this by saying I... Read more »
answered on May 23, 2022
Your question cut off ...
But the amount set is not a bond; it is a purge. The Court will determine the amount of the purge, usually it's a portion of the total amount owed.
A person arrested under ARS 25-681 is being held under "civil contempt." The key with a civil... Read more »
Am I required to provide my husband's income in the affidavit of financial information for child support? Will they count his income and reduce bio dad's child support obligation? Legally my husband is only responsible for our 4 children, bio dad should be responsible for our shared... Read more »
answered on May 22, 2022
Yes, you are required to report it as part of the Affidavit of Financial Information. Under Rule 49(e) of the Arizona Rules of Family Law Procedure, a party in a child support case must complete an AFI that conforms with Form 2 of Rule 97. That form, which is probably what you're filling out,... Read more »
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