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Angela Y Peacock

Angela Peacock’s Answers

9 total

  • Can my ex claim our children if he is not current for the year, even though he has been current since the judgment in July?

    We modified the support order in July of 2010 to be effective May/2010. He has paid as ordered since, but he is still not current for the calendar year. He is stating that he can claim them since has been current as of the judgment, even though th...

    Angela’s Answer

    Pursuant to Section 27 of the Arizona Child Support Guidelines and your current child support order, your ex must be current in his child support obligation for the current calendar year and any court-ordered arrearage payments due during that calendar year for which the exemption is to be claimed. If your ex is not current for the calendar year, your ex has the power, but not the right, to claim the children on his tax return. Please confer with an attorney to discuss this issue. You might want to send a letter to your ex regarding this issue in an effort to prevent him from claiming your children as tax exemptions.

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  • I have joint legal custody with my sons mom. shes planning on moving about 90 miles from me. what are my rights?

    i was just informed this past weekend. Can I show the courts that she doesnt have a good enviroment for him? How can I keep him from leaving?

    Angela’s Answer

    You should seek the advice of a family law attorney immediately. Since you object to your son's relocation, you may want to file a petition to prevent relocation and get your son's mom served with the petition asap. Based upon the facts of your case, the court will determine what is in your son's best interests pursuant to A.R.S. 25-403 and 25-408.

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  • How much alimony will I have to pay to my soon to be ex-wife in Tucson, AZ ??

    We got married in June 2008 in a foreign country. She joined me in the USA in December 2009. My assets (bank account) have not grown since she got here. I do have other asstes (mostly 401k plans held with previous employers) earned before our m...

    Angela’s Answer

    Thank you for your question. Unfortunately, you do not provide enough information to provide you with a good answer. For example, how old are you? What is your educational background? What do you do for a living? How much do you earn? What your reasonable expenses are per month? How old is your wife? What is her educational background? How good are her English skills? Is she capable of working? If so, what kind of jobs would she be able to obtain? What are her reasonable expenses per month? Since you mention that you have been married for less than three years, the court might not order you to pay any spousal maintenance. On the other hand, the court may require you to pay spousal maintenance to your wife for a short period of time. You should confer with a local attorney.

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  • I have joint custody with ex husband. My son who is 14 living in Wash. with him wants to live with me in AZ.can he choose too?

    I have joint custody with ex husband. My son who is 14 living in Wash. with him wants to live with me in AZ.can he choose too? He wants to live with me because he is tired of his dad not being the parent he deserves. My son said he want to be car...

    Angela’s Answer

    You state that you have a court order for joint custody with your ex-husband. Was that order issued in Arizona or Washington? If the order was issued in Washington, you should seek the assistance of an attorney in Washington. If the order was issued in Arizona, you should confer with an attorney in Arizona. The court will look at various factors to determine what is in your son's best interests, including your son's wishes. Prior to litigating this issue, I recommend that you, your ex-husband and your son try to have a candid discussion about this issue.

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  • I living in Phoenix AZ and I have an upcoming Resolutions Management Conference coming up. Could you please tell me what...

    to expect and how to best prepare. A little background on my csae. My ex husband tried to kill me, and when doctors told him I'd live he filed for divorce and took everything we owned, especially cleaning out all our joint bank accounts. ...

    Angela’s Answer

    The Resolution Management Conference (RMC) is only a procedural hearing. During the RMC, the court will want to know whether the parties have had an opportunity to meet and confer regarding the outstanding issues. If the parties have reached any agreements, the court will request that the parties place his/her agreements on the record during the RMC to make the agreements binding. If there are remaining issues in dispute, the court will inform the parties of available court resources, such as a Parenting Conference or Alternative Dispute Resolution, and the court will manage the case by setting the next event, which is usually a trial. Due to the facts of your case, I would file a Motion for Temporary Orders prior to the RMC to request that the court enter temporary support orders. In addition, I would request reimbursement for one-half of the funds within the parties' joint bank accounts on or about the date of service.

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  • Can I FILE for divorce before meeting the 90 day residency requirement so long as the dissolution occurs after the ninety days?

    Moved to AZ on Jan 2 2011. Husband has been living in NM since Nov 8 2010. Amicable divorce. No children, total debt ~ 50K, house in foreclosure. He agrees to alimony, educational expense and absorbing most debt. Would like to get the divorce as q...

    Angela’s Answer

    No, in order to file for divorce in Arizona, at least one of the parties must be domiciled in Arizona at least 90 days prior to filing the petiiton for dissolution. Once your husband is served with the petition for dissolution, the quickest that the parties can submit their divorce decree to the court is 60 days after the date of service. However, I believe you could file a petition for legal separation before you are domiciled in Arizona for 90 days and then convert it to a petition for dissolution.

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  • I filed a contempt of court against husband for disobeying court orders to send temporary support.

    Do I have to fila a pretrial statement? And do I have to give the opposing attorney all of my evidence, or just list it on the statement? Husband's attorney said I have to show him everything.

    Angela’s Answer

    Prior to the trial in this matter, you should work with opposing counsel to submit a Joint Pretrial Statement to the court. In the Joint Pretrial Statement, you should be prepared to argue that there is a valid support order, that your husband had knowledge of the support order and that he had the ability to pay the support order. You should also request an award of your attorneys' fees and costs if you hire an attorney to assist you with this matter. Pursuant to the disclosure rules, you are required to provide ALL of your exhibits (not just a list) to opposing counsel usually 30-45 days prior to trial.

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  • How do I enforce my visitation rights when my sons mother moved out of town and changed her number?

    Im supposed to have my son every other weekend, and his mother is supposed to tell me if she changes his schools, place of living, and is supposed to provide a number I can always reach her at. I am a sheet metal worker, the construction industry ...

    Angela’s Answer

    Prior to the opposing party's relocation with your son, she should have provided you with 60-days advance written notice of her intent to relocate to Prescott. If she had provided you with 60-days advance notice, you could have filed an emergency motion with the court to prevent the relocation, unless she had to relocate because of health, safety, etc. Since two months have passed since the opposing party relocated with your son, do you agree with her relocation? If so, you should file a Petition to Enforce Parenting Time, wait for the hearing date and then serve the opposing party with the documents. In order to find the opposing party's address, I would check the county recorder's office, ask the opposing party's friends for her address, call schools in the Prescott area to see if your son is registered, etc. Best of luck to you.

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  • Will letting my daughter go live with her mom for half the school year affect my custody rights?

    My daughter was having a hard time with my new marriage and having step-sisters so I gave her the option to go live with her mother for the rest of the school year so she could see that it would be no different when she lived there with her mom an...

    Angela’s Answer

    Your question is more about parenting time (physical custody) than it is about legal custody (decision-making authority). Prior to your agreement for your daughter to reside with your ex-wife on a temporary basis, it seems like you had been the primary parent. After your agreement for your daughter to reside with your ex-wife, it seems your ex-wife has been the primary parent. If either parent wants to modify the current parenting time orders, he or she will be required to file a petition to modify parenting time with the court and/or attempt mediation prior to filing a petition. Depending on the factors in A.R.S. 25-403, the court will determine what is in your daughter's best interests regarding parenting time. If you and your ex-wife are both good parents, equal parenting time might be a good option. Best of luck.

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