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Arizona Child Support Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I still get a lawyer half way into my case?

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 .... View More

Stephen M Vincent
Stephen M Vincent
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.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can I move back to Texas with my son where all my family are when his dad works here in AZ and still get child support?

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... View More

Stephen M Vincent
Stephen M Vincent
answered on Jun 13, 2022

Presuming this is the first time anyone will have filed for custody, Arizona has jurisdiction. For Texas to have jurisdiction, your child will have to live there for six months prior to the first filing for custody.

Child support will still be ordered.

If Father agreed to your move,...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can I move back to Texas with my son where all my family are when his dad works here in AZ and still get child support?

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... View More

Mike Branum
Mike Branum
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...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can you claim child support but choose for the father not to have any rights to the child?

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?

Mike Branum
Mike Branum
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?...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can you claim child support but choose for the father not to have any rights to the child?

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?

Stephen M Vincent
Stephen M Vincent
answered on May 25, 2022

You can filed a Petition to Establish Paternity and Child Support and not establish custody.

You cannot stop him from filing to establish custody if he chooses. The state that will make the custody determination is the state where the child has resided for six consecutive months most...
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1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: Can grandparents appeal a judgement removing all visitation of their grandson?

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... View More

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Question regaeding affidavit of financial information for child support case.

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... View More

Stephen M Vincent
Stephen M Vincent
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,... 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.

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 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 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 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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: I received a copy of a Motion to Set and Certificate of Readiness. Do I need to file a response?

I do not agree with what is stated in this motion, I am not ready & I cannot afford legal counsel.

Mike Branum
Mike Branum
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.

1 Answer | Asked in Child Support for Arizona on
Q: My child is 17 and just graduated high school, does Az child support end now since she graduated high school?
Stephen M Vincent
Stephen M Vincent
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.

1 Answer | Asked in Child Support for Arizona on
Q: So if someone got arrested for code 25-681 in az the amount set is not a bond but what the person owes and won' t be ref
Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Divorce, Child Custody and Child Support for Arizona on
Q: How can I find out if I'm divorced if I have no idea where my wife is she said I Needed to find Jesus 7 months ago

We had a confidential marriage.. and she left for 9 days I had our daughter till she found out she can't get housing without her l. Then she put me in jail cause I had a misdemeanor warrant so she called me to church lead Me to believe that she wonted to work it out with our family,sent the... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 3, 2022

This was filed as a question for Arizona, but I see you're in California. California has a confidential marriage license; Arizona does not. Still, Arizona will recognize marriages legally entered into another state even if their procedures are different than Arizona's.

I'm...
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1 Answer | Asked in Child Support and Family Law for Arizona on
Q: Can I get my child support order monthly payment lowered now that I have another child who also has special needs?

I’m barely scraping by living paycheck to paycheck because of how much I pay the mother of my daughter. I just want my monthly payments lowered and more time with my daughter. Is this possible?

Stephen M Vincent
Stephen M Vincent
answered on Feb 25, 2022

Potentially yes. We would not know for sure without running a child support worksheet. But if you have another biological or adopted child for which you are legally responsible, you get a credit for that on the worksheet and that should lower your child support. However, other factors may cause it... View More

3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... View More

Randi Sirlin
Randi Sirlin
answered on Jan 16, 2022

He will have a right to see her if he is clean, but you would want to ask for supervised parenting time at his expense at a court affiliated parenting skills center or no parenting time if he is using.

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