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Arizona Child Support Questions & Answers
0 Answers | Asked in Child Support for Arizona on
Q: As a result of a layoff, am I obligated to furnish severance pay info when mod'ing the CSW? I start a new job soon.

I was laid off on Oct 31st, 2023. I was awarded 5 months of severance pay, plus $5K for health insurance, plus my pro-rated bonus of 10-of-12-months at 15% that was paid in a lump sum on 11/30/23. To my knowledge, my ex and I previously had the same income (at least, we were making the same income... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Should I go to court if my son's father stops paying child support?

My son has to stay with his father for awhile where we normally split time every week.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: How can I obtain a new hearing due to a variety of circumstances?

Going through a divorce and in a custody battle with my husband. He is a functioning alcoholic and weedhead. In our Temporary Custody Hearing last Wednesday, the father was cross examined by his attorney and she asked if he smoked or drank and he said no. When court ended, I found a post on her... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 23, 2023

- MOTION TO REVIEW NEW EVIDENCE: The answer is probably no, but you can give it a try by filing a Motion for Reconsideration. You'll need to explain (1) why you don't produce this evidence at trial because the Court can't consider newly discovered evidence that could have been found... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: How do I secure spousal support in my divorce?

We have been married for 10+ years. I experienced a significant amount of domestic abuse in the marriage and left the home 18 months ago. I left our 10 year old with his father as my husband ruined my credit and finances. My husband now makes twice as much as I do. He makes so much now that he has... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 23, 2023

You can file a motion for temporary spousal maintenance and ask to receive spousal maintenance while the case is pending. You can also for temporary custody (or, more specifically, temporary legal decision-making and parenting time) and an interim award of attorney's fees.

Domestic...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How to dimiss an case that was filed by the state of California against respondent?

This case in which the original case was filed by the state of California

against the Respondent for child supoort.

The respondent wants to use the case as a custody case against the petioner.

I want to dismiss that case on the grounds that the original case was not for... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 9, 2023

Did California issue a child support order? If so, it must be registered here for the custody case, in which support must be determined. An Arizona court cannot modify the California support order unless it's properly registered and in front of the Arizona court. For that reason, I don't... View More

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: What is going to happen to settlement money that cs put a lien on now that the judge made an order the amount is arrear

My case is in AZ and my ex lives in CA My ex won a settlement he owes alot in back child support CA Child support attorneys put a lien of the funds on behalf of AZ and we went to court the judge made a order stating the arrear is the amount listed and that the child support department can proceed... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 20, 2023

They should take up to how much he owes.

As for how long it will take, that's a question you need to ask the child support department.

1 Answer | Asked in Child Support for Arizona on
Q: Child support

I have not gotten my child support this month at all, and the Child Support Division says his place of work has not sent them any payments for this month at all. My son is almost 17 yrs old. I was told he could have quit his job or went to work for a new employer. How am I supposed to find out what... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 17, 2023

I'd start by calling his employer and ask them if he still works there.

If they're not willing to talk to you, you can subpoena them and ask them to provide the other parent's dates of employment and recent pay stubs.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Can my daughter request child support from ex to help obtain a two bedroom and provide the same lifestyle as ex husband?

My daughter moved out of her marital home 1 yr ago due to domestic violence. She left their 9 yr old son w/the husband because she couldn't afford a 2 bedroom apt. She found the most affordable 1 apt . She didn't have a car but finally bought 1 with a really high mo payment. Now 1 yr... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 30, 2023

Yes, your daughter can request child support.

But let's be clear on what child support is. First, it's not meant to equalize the living situation between the parents. Second, it's done on a formula. The fact he has a two-bedroom and bought a Camaro are not relevant to how...
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2 Answers | Asked in Child Custody and Child Support for Arizona on
Q: Legal contract

I live in goodyear arizona, 85395. I am going to have sex with a girl soon and i want her to sign a contract stating that if she gets pregnant, that she is legally obligated to have an abortion, give it up for adoption, or not make me pay child support. If i make a contract and have both of us sign... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

Probably not.

If you don’t want to run the risk of fathering a child, a vasectomy is a better option.

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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: AZ Paternity/Family Law Question/Concerns

A few months ago, a one-night-stand called out of the blue to tell me her 10 month old baby was mine. The man she was in a relationship with at the time of birth signed the birth certificate but apparently they are no longer together. We did a paternity test but I never actually saw any paperwork.... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 21, 2023

You asked, "I guess my question is can she come back in a few years and sue me for financial assistance after all this back and forth?" It's possible, but you'd have to be legally declared the Father first.

"This situation is affecting my current relationship with...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: How can I have sole legal custody?

My ex husband and I we live in different states, I have two kids under the age of 3, I have joint custody with my ex husband and at the end of this year his is going to stop giving me child support because he is not going to have a job after the military for a while. I want sole legal decision... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 19, 2023

I'm going to presume because you posted this question in Arizona, that the case is in Arizona. If it is not in Arizona, ignore my answer entirely and contact a lawyer in the appropriate state.

Child Support - If it's court-ordered, it doesn't matter that he's leaving the...
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1 Answer | Asked in Child Support for Arizona on
Q: If my ex husband bullied me with his lawyer in 2019 and has written 50/50 custody but only has had the kids 48 days a yr

And gets to claim one child that he has never financially supported can he get away with this as I have been the sole supporter for them 12 yrs straight

Can I get any back payment for him stealing from me every year on his taxes as well as never helping financially support them?

Stephen M Vincent
Stephen M Vincent
answered on Jun 19, 2023

If he did not pay 100% of his child support in a tax year, he cannot claim the child on taxes. The Court can order him to Amend his taxes. You can ask for this as part of an enforcement proceeding.

Don't expect the Court to order that for more than a few years, though.

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Arizona on
Q: IF MY SON AND I MOVED BACK TO AZ AND I SEPARATED FROM MY WIFE WHILE SHE WAS IN SCHOOL BUT WITH KNOWLEDGE. CAN SHE FILE

SHE IS IN THE MILITARY AND HAS TRIED TO TAKE ME TO COURT BECAUSE SHE IS SUPPOSEDLY WORRIED ABOUT HIS WELL BEING. BUT THEN BACKS OUT, THAT SHOULD SHOW SOMETHING

James L. Arrasmith
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answered on Jun 18, 2023

If you and your son have moved back to Arizona and you have separated from your wife, she may still be able to file for divorce or custody in the state where she is currently stationed, even if you are no longer living together. The specific laws and procedures for filing for divorce or custody may... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Arizona on
Q: Judges duty, a judge knows but acts like she doesn't know. How to get her on that? Should I report this judge?

AZ family court. Judge is using unconfirmed drug test results to keep child from the father. Father has motioned asking for confirmation test results but judge ignores the motions. This judge has to know that the drug test results have to be confirmed in order to have standing. Judge is not doing... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2023

Typically, the mechanism to force a judge to do what he/she has a clear ministerial duty to do is called a writ of mandamus.

You should hire an appellate lawyer in Arizona to determine if the judge has a clear ministerial duty to order a confirmation drug test under the circumstances of...
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1 Answer | Asked in Family Law, Child Support and Tax Law for Arizona on
Q: What action is needed when other parent claimed children on taxes but order says if not paid in full then I can?

I even got certified copy of payments dispersed from the courthouse and let him know that I wanted to claim all 3 children since he was not current for 2022. He never responded and then went and filed and claimed 2 children anyways. 2 of the children live with me and 1 child lives with him.

Stephen M Vincent
Stephen M Vincent
answered on Feb 13, 2023

You should file a Petition to Enforce and ask the Court to order him to amend his taxes for those years within thirty days of the Court's order. The Court will likely schedule a conference and evidentiary hearing. At that time, you should bring with you whatever forms you need him to sign in... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Does communications regarding kids behavior have to go through lawyer without a court order?

We are in the process of child support from father. His girlfriend said all communications have to go through his lawyer about the kids behavior and did not allow us to speak to him about the child’s behavior. No court order has been made, no child support amount has been determined since him and... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."

Be patient on child support. The...
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2 Answers | Asked in Child Support and Family Law for Arizona on
Q: Legally married but separated. I stayed w/ 2 kids and she took the other child. I make more than her can I get her on cs

I make 95k a year she makes 25k a year. All the kids are ours. I stayed with 2 and she stayed with 1. Can I get her on child support? Even if I make more money than her? Because I have more kids to take care of?? I live in Arizona she lives in California .

Stephen M Vincent
Stephen M Vincent
answered on Jan 18, 2023

Child support is determined by a formula. There's no way we can answer that question without doing the formula, and you haven't given us enough information to run the formula.

You can find a child support calculator online and see how the numbers play out. You should run two...
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1 Answer | Asked in Family Law, Tax Law and Child Support for Arizona on
Q: Taxes/ child support/divorce decree:If NCP has a current arrears balance can I claim child? In our decree it states

That NCP can claim if current on child support and arrear payments. I have calculated it and i am still calculating a short in child support payments. The arrears balance was at $1400 in May 2022. Due to his job loss and no payment for 5 months the balance went to $2300 by August 2022 then payments... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2023

The question really hinges on whether he is current for the 2022 tax year. He can be behind overall, but if he paid all that was he supposed to in 2022, he can claim the child. If he didn't, you can claim the child. Remember: The parent not claiming the child needs to sign Form 8332 in order... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can you help me time is not on my side

I may need a lawyer

Stephen M Vincent
Stephen M Vincent
answered on Nov 9, 2022

I'm sure most any attorney on here that is licensed in Arizona and practice family law can help you.

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