Peter H. Westby's answer I recommend that you hire an attorney to challenge the order. If the court that entered the child support order is located in another state, you will need to hire an attorney in that state to assist you. Unfortunately, this situation is not uncommon. But, if you act promptly and provide complete information to the court, your attorney can often correct the court order.
Randi Sirlin's answer If your attorney does not respond to your emails, that is a problem. Your attorney has a duty to communicate with you.
If your children come home and tell you the Father is yelling and screaming and saying you don't love your children, the first thing I would tell your children is, "I am sorry your dad said that. I love you very much." Never bad mouth the other parent even if they are doing it.
If there is a problem with the children in the father's home, you can take a...
Randi Sirlin's answer You need to file a Motion to Modify Child Support. If there has been a 15% change in circumstances, you may file for what is called Motion to Modify Child Support, Simplified Procedure, so that you may not even have a court hearing.
If you need further assistance, you should call an experienced family law attorney.
Peter H. Westby's answer Child support withholding does not automatically terminate. You need to petition the court to terminate current child support, determine the amount of your support arrearage and obtain orders as to how this will be paid. This should be done in advance of your child's becoming 18 or graduation from high school, whichever is later. I recommend that you seek the advice of a family law lawyer before you take any action. There is always the possibility of unintended consequences when you file...
Randi Sirlin's answer If Arizona ordered the child support, it has "exclusive, continuing jurisdiction." Also, the children reside here (as long as they have been here at least 6 months, so that is another reason the court has jurisdiction.
If the child support was ordered in a different state, you will need to "domesticate the judgement."
You get a 10% increase for the "basic" child support obligation for any children 12 and older.
You can file for child support "simplified procedure,"...
Peter H. Westby's answer I recommend seeking legal assistance. Without father's consent you will need to petition the court to approve your relocation. At the same time you should consider seeking a judgment for back child support, sanctions for non-payment and, perhaps, modification of child support. Your family law attorney can advise you of your legal rights and best remedies.
Peter H. Westby's answer Since your case is a contested matter, I strongly recommend that you obtain legal counsel to assist you. Many fathers have made similar arguments. The court is skilled in seeing through them in most cases. But your case needs to be well presented. If you cannot afford counsel, contact Community Legal Services or the Volunteer Lawyers Program of the State Bar of Arizona. They may be able to match you with an attorney who will work without a fee.
Peter H. Westby's answer You must appear and defend this action using your DNA testing results. If you do not, you could be ordered to pay child support. I recommend hiring a family law attorney to assist you with this important matter.
Peter H. Westby's answer The father can make any request that he deems appropriate. Your judge will decide. Your circumstances are such that, if you object to father's request and offer a reasonable alternative proposal, such as visitation in your home for a few hours while the children are so young, you have a good chance of getting an order that is in the best interest of your children.
Linda Simmons Campbell's answer Look at your divorce agreement. Some agreements will allow the parent who is receiving child support to claim the child if the other parent is behind on child support. If that is not the case then likely your only recourse will be to take her back to court to enforce your agreement.
John R Gaertner Jr's answer The order is clear that the parties must ("shall") exchange financial information every 24 months. If your ex does not. you can file a Petition to Enforce the Consent Decree and request the Court sanction him for his failure to comply and force him to produce the records. Inform your ex that if he does not produce the information by a certain date (give him just another week or so), you will be going to the Court to resolve his Contempt.
Peter H. Westby's answer Yes, under most circumstances a father has the right to have full information concerning his children. If access and information is being denied, a father can obtain an order from the Superior Court enforcing his parental rights. Seek the advice of a family law lawyer to learn more about your legal rights and your best options.
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