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Arizona Child Support Questions & Answers
0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Can agreed negotiations between husband and wife be used at trial of husband lied the past year in divorce court?

My ex fought me for the last year for 50/50 shared parenting by making false accusations of child abuse and being an unfit. He hired an attorney and did all of this because I moved on two years after being separated. I was forced to represent myself. He and his attorney was successful convincing... View More

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: What are my options as NCP who can't attend a negotiation conference for child support in south carolina

I live in Arizona

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

If I'm understanding this correctly, you live in Arizona, and your case is in South Carolina? If so, you should ask this question to attorneys licensed in South Carolina. Attorneys licensed in Arizona cannot advise you.

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: I live in Maricopa county and I have a warrant out of Michigan for child support. What can I do to stop the extradition

If Michigan wants to extradite me and I did not sign the waiver for extradition what can I do to prevent it from going back to jail at and the governor signed the fugitive and warrant and I have a status conference? What should I do at this conference so I don't end up in jail?

James L. Arrasmith
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answered on Feb 25, 2024

If you have an outstanding warrant in Michigan and they are seeking to extradite you to face charges there, your options are limited. However, here is some advice:

1. Hire an attorney. You need legal counsel both in Arizona and Michigan to try to challenge the extradition and/or resolve the...
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1 Answer | Asked in Criminal Law, Family Law and Child Support for Arizona on
Q: At a fugitive of justice hearing in Maricopa county and there's a status conference when I'm out on bond. What to expect

Hello maricopa county, I got arrested for a warrant out of Michigan for child support and I got bonded out now I have to go to a status conference. What should I expect at the status conference? Will they put me back in jail.

James L. Arrasmith
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answered on Feb 25, 2024

Here are a few key things you can expect at a status conference for a fugitive of justice case in Maricopa County:

- The judge will check in on the progress of getting you extradited back to Michigan to face the child support warrant. The prosecutor will update if Michigan has begun that...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I request Child Support?

I want to ask for sole custody at a later date but would it backfire if I said I dont want child support or would it help my case? I also have another child from a different relationship. I have the children 10 months out of the year and he has them throughout the year but it equates to 2 mos. I... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 22, 2024

Asking or not asking for child support will have no impact on your custody case. The Court does not consider child support when determining custody, but once it determines custody, the amount of time awarded impacts the child support amount.

You should run numbers through an Arizona Child...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.

My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More

James L. Arrasmith
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answered on Jan 2, 2024

In Arizona, as in other states, child custody decisions are primarily based on the best interests of the child. The fact that you moved to Arizona with the mutual agreement of the child's father and for the purpose of being closer to your family support system can be an important factor in... View More

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1 Answer | Asked in Child Support and Family Law for Arizona on
Q: Will new income or old income at time of divorce be used to calculate child support

While I was married to my ex husband his income general increased over time thru hard work and pay rasies. When we divorced he was making about 80K a year. He has admitted that his now soon to be ex wife (not me, one after me) always kept him home from working because she just wanted him to be... View More

T. Augustus Claus
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answered on Dec 29, 2023

In Arizona, child support calculations are typically based on the income of both parents at the time of the divorce or separation. However, if there has been a substantial change in circumstances, such as a significant decrease in the father's income, he may seek a modification of the child... View More

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

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