Just because DCSS closed your case does not mean his arrears are gone. Those arrears are owed to you and the statute of limitations was abolished on child support arrears in 2005 (though older cases may still be subject to it). If you have new information about his whereabouts, then alert DCSS... View More

You should not be required to pay child support because you would basically be paying yourself since you and your new wife would share the marital estate. You should request the Court vacate the child custody and child support order once the marriage is official. The order will remain in place... View More

We can't really offer any specific instruction for document preparation. But you can review A.R.S. § 12-406 for general requirements for motions to change venue. Generally speaking, cases involving child custody should be heard in the county in which the child primarily resides. If there... View More

Childcare costs can be added to the child support worksheet, but it is entirely discretionary. This means it is entirely up to your specific judge. The factors that most commonly affect this decision are the comparative incomes between the parents and the parenting schedule. If parents earn similar... View More

You will need to show up for your court date and ask the Court for permission to perform service by publication. There are very specific rules for service by publication which must be followed (Arizona Rules of Civil Procedure 4.1(l), that's a lower case "L") and you must mail a copy... View More

As I advise clients on a regular basis, you can take someone to court for just about anything. Getting the court to make you pay for half his travel costs is another matter. You are under no obligation to assist your ex with his travel expenses. If he cannot afford to pay for his own travel... View More

I am really sorry to hear about your situation. Unfortunately, terminating your parental rights does not end child support. Was there a written agreement between you and the mother?

You should immediately consult with a local child support attorney to evaluate your options. Most relief is... View More

There are a couple of discrete questions here. It is unclear what you mean when you say the other parent hasn't followed the custody agreement. Depending on the nature of the violations, you may be able to file a petition to enforce. But if the other parent simply declined to exercise his... View More

The first practical step is to take advantage of a free consultation with a family lawyer. This isn't a sales pitch, it's just important for you to evaluate the whether she has "enough on you" to restrict your custody rights. It is unclear what you mean by contacted the court,... View More

If you or the child receive state assistance, it may try to recover a portion of the funds from the father. Your agreement will not supersede the state's interest. If neither of you receive state assistance, it is unlikely DES will intervene unless one parent requests assistance to formally... View More

You need to file a Petition to Terminate Income Withholding Order. In it, we would allege that you have no ongoing obligation and are current in your past obligations. You could also seek a judgment for any overpayments.

Please come in soon. We can certainly help you consider and then... View More

Generally, if you are able to afford an attorney in your jurisdiction you should be able to locate one. If you can, I recommend searching for attorneys in your area and speaking with them directly to determine whether they are the right fit.

Additional information is required to properly and accurately answer your question. Since the house was bought during the marriage it would generally be community property. At the least you would have a community lien on separate property. You should contact an experienced family law attorney for a... View More

If you signed an 8332 you would file a contempt action in domestic court. You'd need to discuss that with a local attorney that knows AZ domestic law. I do not.

If not file by mail and claim them. You'll both get a letter from the IRS requesting documentation for the deduction.... View More

Child Support in Arizona is based upon a formula. That formula would be applied separately to both Mothers, and thus may have different results.

The factors considered include (1) the parents' respective incomes; (2) whether either parent has additional children or support... View More

There are a couple of potential reasons how a date could have been set without you being properly served. The why is not relevant to the discussion. If you are aware of a court date, it is in your best interest to show up. You can argue that you have not been properly served but the court will have... View More

How recently was your current Order entered? Is this the first Order ever?

THERE may be steps we can take. I would need to know more.

Please come in soon. We can certainly help you consider and then pursue your options for seeking up to 3 years of back support IF WE STILL HAVE... View More

Child support is always modifiable. Even Court Orders that neither parent owes the other are modifiable. However, she can never go backwards. Arizona does not allow retroactive child support modifications. So, if she believes she is entitled to a modification, every month she waits is a month... View More

Under A.R.S. 25-812(E), voluntary acknowledgements of paternity not rescinded within 60 days of the last signature may only be challenged on the basis of fraud, duress, or material mistake of fact with the burden of proof on you as the challenger. If you prevail, you will have no further obligation... View More

Unfortunately, without a previous child custody order, there is little to enforce. Fortunately, since there is not a previous child support order, he is also not required to pay anything. I would recommend he place whatever he is required to pay per the child support calculator in a savings account... View More