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...Read 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...Read 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...Read 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...Read 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...Read more »
Immediately after, she left me and married another man. She then sued for child support which was granted but before I could get my first visitation, they, including her new husbands parents and family, packed up and moved. I never saw the child again. Then years later she contacted me saying if I... Read 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...Read more »
The mother has already contacted the court for paternity, child support, and custody. I am unsure what steps I need to take to be ready to defend myself and get half custody of my son. DES has contacted me for my new address but thats all that has came of this so far with the courts being closed.... Read 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,...Read more »
This is our first child and the dad has been paying me $100 every month and sometimes extra if he has it. Neither of us want to go to court and just want to keep our agreement while we aren't living together. This is really stressful for us cause we don't know if the state will take any... Read 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...Read 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...Read more »
I'm looking for a law firm of non emasculated males and non feminist females who are willing to take on child support services, for the reckless endangerment they pose against people in the arrears by garnishing, disaster relief funds in a time of crisis. This shows negligence in the that... Read 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.
Hello good afternoon I have a question me and my husband are separated but still married we bought the house together but the house was under his name so he sold the house and got 39,000 knowing I had recently got a job I felt like I deserved part of it since we both live at the house and we had 1... Read more »
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...Read 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...Read 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...Read 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...Read more »
She wants child support which he is more than happy to pay. However, given the mean spirited nature of this girl, he wants things done through the court system, rather than her dictating an amount. Now she won't let him see his son until she "takes him to court". Can she keep... Read 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...Read more »
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