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Jeff Adrian Biddle

Jeff Biddle’s Answers

906 total


  • I am preparing to file for bankruptcy - chapter 7 in Arizona. Will I be able to keep my employment income.

    continued The rules state that I can only have $300 in my checking account - what if I get paid and have more?

    Jeff’s Answer

    I agree and sadly the chapter 7 trustees have been insisting on the non-exempt portion of earned but unpaid wages lately. Now that filings are down, everything is getting looked at more carefully to ensure that every penny that can be taken is taken.

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  • What are my chances when mother has 4 other children from a previous relationship?

    I filed for temporary orders for parenting time and decision making rights, for my 2 year old , his mom has 4 other children from a previous relationship and they only see their dad every other weekend, I have been with her for four years includin...

    Jeff’s Answer

    I agree with the other two attorneys. The other children are a non-issue in your case. They are a positive to her but not at all a negative to you. You MIGHT be able to get visitation of the other children if you want and if you qualify for visitation rights as in loco parentis (in the place of a parent). Without more information, though, I can't tell if you would win that or even if it is something that you would want.

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  • Will i gain/lose custody with our other child?

    My ex and I have split. I do have joint legal custody through the court with our daughter. However, I don't have set times and dates.. It's vague 'mutual agreement'. Their is a good chance she was pregnant with my child around our separation. I do...

    Jeff’s Answer

    Your case is a little complex. You can file to modify the existing orders, but the new child isn't on the old orders. So...you have to file a new Petition to Establish Paternity and then have the court consolidate the cases so that everything can be done in one case. There are lots of moving parts. I'd suggest talking to an attorney about how to get started. You MIGHT be able to get sole legal decision making but the real thing you need is ordered parenting time and she might need some type of psychological help.

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  • Modification of child support

    I have a child who will be graduating this May. He is already 18. I pay child support for him and his younger sister. Should I do a modification of child support to have him removed or change the withholding order. I will still need to be paying f...

    Jeff’s Answer

    I totally agree with the other attorneys. You need to run a child support calculation to determine if modifying support is even worth it. I can't tell you how many times a parent comes in with this question and is shocked to see that the child support would actually go UP if they requested a modification after one child emancipates.

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  • IS IT LEGAL THAT MY EXGIRLFRIEND GETS A ORDER OF PROTECTION AGAINST ME BUT WHEN SHE CONTACTS ME ALL THEY DO IS DOCUMENT IT

    ex girl gets order of protection and when she comes to my house or calls all police say they can do is document it but if i respond to calls or text i get charged doesnt this give her a liscense to harrass me and is this illegal and isnt this show...

    Jeff’s Answer

    You have a few options.
    1. Get an order of protection against her. I think this is the most logical option.
    2. Request a hearing on her order of protection and try to get it dismissed. This one is risky since courts typically uphold them and don't care about what happened AFTER she got the order. They only care if the order was justified when she got it.
    3. She can drop the order of protection...but you can't really talk to her about doing that, can you?

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  • We have joint custody of our kids but he has physical custody I want to get that modified

    We split in GA he moved with kids to RI 6 months later filed divorce (7/2011) in GA! 1/2012 he signed guardianship to my parents in AZ because wasn't good environment in RI where they were. My youngest son and my dad had an argument my youngest w...

    Jeff’s Answer

    It is unclear if any of the kids are in Arizona currently. If they are in AZ and have been here for six months, you could domesticate the Georgia orders (if they are the most current ones) to Arizona and then have them modified. It seems like there is a lot of missing information, though, and it is unclear why you posted this in Arizona instead of Georgia. If the most recent CUSTODY orders are from Georgia, you should be able to modify them there even if the kids aren't in Georgia. Georgia would still have continuing jurisdiction under the UCCJEA and if he doesn't contest jurisdiction, you would be fine. Even if he contested, he would have to jump through a lot of hoops in order to get the case transferred to a different state and it doesn't sound like he has his priorities in check enough to do that.

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  • My boyfriend in Maricopa county jail in phx,Az wants to get a divorce which is out of Minnesota...what an how to start

    He gave me power of attorney an would like to get it started

    Jeff’s Answer

    If your ex has been in Arizona for ninety days, then he could file for divorce in Arizona. If there are kids involved, though, Arizona would not have jurisdiction to decide custody matters or parenting time and that would have to be done in Minnesota. I have handled cases with incarcerated people and I've done interstate cases. There are a few wrinkles with the jail but the interstate issue is typically not a big deal.

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  • Has my ex legally abandoned my kids?

    Over two years ago, an order was put in place granting joint legal decision making and joint physical custody (just shy of 50/50). Since then, my ex has seen the kids less than 200 days of the over 800 afforded to him per the order. He always has ...

    Jeff’s Answer

    Sole legal decision making is a tough thing to get currently. You basically have to prove that he is an unfit parent or that you both communicate effectively to make decisions jointly. Retroactive modification of child support is also close to impossible to win in Arizona. What sounds more reasonable would be to petition the court to modify parenting time and child support based on what he is actually able to exercise. While courts like to award equal parenting time, it is not logistically possible in some instances and yours seems to be one of those. Changing parenting time will likely have a big impact on the child support, too.

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  • My ex hid income during child support calculations. Can anything be done?

    I did some investigating and found documentation showing that my ex falsely reported income approximately 40% lower than what was actually made. This obviously effected child support calculations. Now that I have the evidence to show misconduct, c...

    Jeff’s Answer

    The only way to get a retroactive modification of child support would be to ask for relief such as a motion for a new trial or a motion to set aside the child support judgment based on his fraud. There are time limits to filing either of these types of motions, though, so consult an attorney quickly since the clock is ticking.

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  • Is there any way my step father or I (19 years old) can sue my biological father for child support?

    My step father, who never legally adopted me and mother are going through a divorce. My mother is leaving him and has committed adultery with my biological father (who conveniently was not in the picture from the age of 3 until after I turned 18)....

    Jeff’s Answer

    Sadly he cannot pursue child support and neither can you. Depending on what was previously ordered, your mother may be able to get child support from him but if they remarry, that is all water under the bridge.

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