DeShon Pullen's Answers

Can I leave the state with my baby if we're still married

If you are still married and neither party has filed a petition for dissolution, there is no order preventing you from leaving the state at this time. Once a peition for dissolution is filed, a preliminary injunction will issue preventing either parent from leaving the state with the minor child without a written agreement or court approval. If you are considering leaving the state you should consult an attorney in advance so that you can get a full analysis of the potential risks associates...

How do I the noncustodial parent,collect Child Support for my daughter, who lives with me?

I practice in Arizona and it sounds like from your discription that our child support matters are handled different than in your jurisdiction. While I cannot give you legal advise and you should always consult an attorney in your area before proceeding, it sounds like you need to modify your custody order. In Arizona we have forms on line that assist individuals with modifying their order if they choose to do so without representation. I wish you the best of luck as you move forward.

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Custody and Visitation rights

While I am unable to give you legal advice and do not practice in your jurisdiction, custody generally refers to legal decision making, like education, medical and religious decisions. Many jurisdictions lean towards joint legal custody unless there are parenting fitness issues, substance abuse or substantial acts of domestic violence. His previous felony conviction should be addressed with the court. Visitation/parenting time refers to how much time the non custodial parent will have with...

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Questions about Mandatory Disclosure in a Divorce

I am unable to provide you legal advise, however, I would agree that three years of pay stubs seems unduly burdensome and duplicative of the information which her lawyer will find in your tax returns. Generally paystubs are requested to demonstrate your current earnings, deductions and contributions to 401k and other employer benefits, etc. You should consult an attorney in your state for specific legal advise and answers to your child support disclosure question. Best of luck to you.

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My x wife is underemployed. What kind of proof do I need to decrease child support?

In Arizona the main case setting forth the factors for consideration when attributing income for the purposes of child support is Little v. Little, 193 Ariz. 518, 975 P.2d 108 (1999). While the state law in your state may be different, a review of this case will tell you what type of consideration the court weighs when determining whether or not to attribute income to someone who is unemployed or underemployed.

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Can I take my boys on vacation during the Mother's supervised visitation time? I have sole legal and physical custody.

I do not practice in California and cannot give you legal advice without a review of the documents and a knowledge of the law in your area. If I had this issue presented in Arizona and it was not time sensitive, I would suggest the parent file a motion to amend the orders to permit vacation time. In Arizona, there would be a delay as the Court allows the other party to respond to the motion and a reply may also be filed. I believe amending the order to include vacation time is the best route....

Can child support be ceased if 1 of the 2 children lives with the other parent not receiving child support

In Arizona the child support would not automatically terminate. The parent paying the support who is now the custodial parent for 1 of the 2 children would have to file a petition for modification of custody/ primary residential parent/ parenting time and a modificaiton of child support. The child support modification would be retroactive to the first day of the month following the filing but genearlly not before that date.