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... Read more »
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... Read more »
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.
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... Read more »
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... Read more »
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... Read more »
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 .
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... Read more »
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... Read more »
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... Read more »
I may need a lawyer
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.
Father refusing to help pay portion of medical bills after 18
answered on Oct 9, 2022
After the child is emancipated, the parents are no longer financially responsible.
A child is emancipated once one of the following happens:
1. The child turns 18 AND graduates high school.
2. If the child does not graduate high school, the child turns 19.
3. A... Read more »
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 »
answered on Oct 9, 2022
Your Decree should provide the direction.
If it doesn't, then the two of you need to discuss what standard you're going to use. Right now, the IRS standard is 62.5 cents per mile. Based on that standard, you each are incurring $250.00 (62.5 cents times 400 ... I'm presuming... Read more »
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 »
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.