Skip to main content
Jeff Adrian Biddle
Avvo
Pro

Jeff Biddle’s Answers

942 total


  • Ex is refusing to give me her bank records. Now what?

    My ex and I have not modified child support since our divorce in 2011. Our boys are older now and are in school. In 2011 my ex claimed she paid $1,000 month for daycare. I am able to claim half on my taxes each year. Well now my ex has them in som...

    Jeff’s Answer

    You can subpoena the records or you can file a motion to compel your ex to turnover the bank records. Also, you would not serve the subpoena on her...you should serve them on her bank (assuming you know where she banks). It doesn't matter if her husband's income is on the bank records since, in some circumstances, all or a portion of her husband's income can be considered in determining the child support amount.

    See question 
  • Is there an advantage to being the petitioner rather then the respondent in a divorce in AZ?

    I am injured and don't have any money, my wife and I are heading for divorce and we have a six year old son together, we rent, we have no assets except for a 2006 car. I want custody of my son and I want alimony and child support, I have been a "s...

    Jeff’s Answer

    Well, in a case that involves domestic violence, I would think there is an advantage to being the petitioner. As far as what you are asking for, it doesn't matter whether you are petitioner or respondent. When domestic violence is involved, though, as it appears might be the case for you, I feel that you make a more credible case when you file first. If I was the judge in a case where your ex files for divorce first and she says there is no domestic violence and then you respond with allegations of domestic violence and an order of protection and so on and so forth, I would have a bit more doubt in my mind about why you didn't file and seek relief before your ex did. You seem to be on the right track with the order of protection first, though.

    If costs are a concern, you can apply for a fee waiver or deferral at the courthouse, too.

    Also, regarding the technical advantage, you recall the old saying "first impressions last the longest"? When you file first, you are making the first impression. Also, when you present at court, the moving party always presents their case first. So, if you file the Petition for Dissolution and she responds and then files a Motion for Temporary Orders, she would go first since she requested the temporary orders.

    See question 
  • Child support

    Under what circumstances does a parent have to pay child support ? I currently pay medical dental. I'm paying back child support for six months, she lied and said I had nothing to do with my children. after the six months I do not have to pay I'...

    Jeff’s Answer

    Firstly, step-parents never have an obligation to pay support. All or a portion of their income CAN be attributed to the parent, though, in certain circumstances. Your child support is determined by a formula that takes into consideration you and your ex's combined incomes, the number of children, cost of medical/dental insurance and daycare and adjusts for the amount of parenting time each parent receives. I've seen parents that earn very little have extremely high child support (usually because of insurance costs and daycare costs) and I've seen very high-earners pay very little in child support (usually because of equal parenting time and that parent covering the cost of insurance).

    In short, your new wife will NOT have to pay child support and only in very limited situations would her income affect the child support calculation. You would have to give more details to an attorney to really find out if her income would be considered.

    See question 
  • If a judge says no cohabitation yet. Can my boyfriend and I spend occasional nights at each other's place of residence!

    I am looking for the legal definition of cohabitation. My boyfriend and I have separate places of residence.

    Jeff’s Answer

    Did the judge really make a ruling that there would be no cohabitation or did your boyfriend agree to it? I have never had a judge even come close to entertaining any restrictions on dating or relationships without the parties agreeing to the restriction. In any event, I agree with Judd Nemiro...cohabitation means living together, not spending the night together. Of course, if there was an agreement between your boyfriend and his ex, you might have to go back to court to get the restriction lifted. Cohabitation would prohibit him from even having a roommate...geez.

    See question 
  • What legal remedy does my son have in getting primary custodial rights to his daughter?

    My son is stuck in Payson AZ having received verbal threats of bodily harm & denied being around his daughter. He had been given permission to bring his girl to WA for summer to visit his family, & returned at a preplanned time per ex girlfriends ...

    Jeff’s Answer

    I agree with the other attorney. In order to really start to answer this question, I would need to know home long the child has been in Arizona. Nevertheless, you MIGHT have cause to ask Arizona to take emergency jurisdiction over the matter. The "political beliefs" argument for keeping a child is pretty shaky. I know that you can refuse to vaccinate because of whatever beliefs but I've never heard of refusing to get a birth certificate or social security number for "political beliefs". It sounds like she doesn't want the government to know that she had a child so that they cannot take away another child from her. In any event, I would suggest that you talk to an attorney to see what relief you might be able to request and where to properly request it.

    See question 
  • I don't feel safe with my son going to his dads...i now feel discouraged. Do i have enough evidence?

    My sons dad is getting back with his ex who he told me abuses her daughter, i told him if he gets back with her i will no longer be civil with him, a week before they got back together I saw pictures of a fridge at my sons dads house with nothing ...

    Jeff’s Answer

    It's impossible to tell if you have enough evidence without actually seeing the evidence. What you might want to do is ask the court to interview your son but, without really knowing any specifics about your case, it is impossible to tell if you have a decent case or not. I'd recommend contacting an attorney to meet with them in person to discuss your case specifics. Good luck at court tomorrow.

    See question 
  • Hey, I need advice asap! My husband is stuck in an extremely damaging court case.

    He had SOLE LEGAL CUSTODY of his disabled daughter. The mother did drugs while pregnant and was in and out of prison. in 2012 the mother was released from jail and proved that she would be clean and sober lifestyle. we allowed her to do every othe...

    Jeff’s Answer

    Did this really happen in 2012 but you're only seeking to address the issue in 2015? When things like this come up, you need to act VERY quickly. Hopefully you meant to put 2014 and all of this is extremely recent. If so, then you need to contact an attorney ASAP to address the problem.

    See question 
  • Can part of the parenting conference report be used in court at a later time to compare responses. can i modify due to this chan

    During parent conference on 2-28-2014 it was asked what concerns that I have with minor child living with Respondent mother. I advised that Respondent mother had a father that was getting out of prison and I was not sure what his charges were. th...

    Jeff’s Answer

    Yes the parenting conference will be used in subsequent trials and if it is now clear that the guy with your ex is a registered sex offender, it may be an issue for the court. It would really depend on what the sex offense was, though. I can't think of any of them that would be awesome, but I did get one father that was a registered sex offender physical custody of his teenage daughter when his crime was for having relations with a teenaged girl. The clincher, however, was that the girl was barely underaged and the crime was about 20 years old...when he was only 22. So, context really means a lot in a case like yours.

    Contact an attorney and go into more detail with someone NOT online.

    See question 
  • Can I claim both my children as dependents on my taxes ?

    I have split decision making and split custody of my two boys. My parenting plan states that I can claim one of my boys every year as long as I am current with child support . My ex fiancé tried last year to let her boyfriend claim my children th...

    Jeff’s Answer

    You might want to bring the issue before the court in a petition to modify child support if it will end up going down. Although she has no income, the court can impute her income based on what she made in the past OR based on the amount of support she is now receiving from family. There is value to that and recent changes in child support laws favor attributing income to stay-at-home parents when they remarry or are receiving money from someone else. It's only fair. :)

    See question 
  • Communication in custody case

    It was ordered that my former and myself were to communicate through email in relation to our child, because of the way that he would Berate me there were strict instructions on he we should talk to each other. Now we have the order I sent him a c...

    Jeff’s Answer

    An attorney would have to see the actual order to determine what the correct course of action is. Some judges will order that the parents also split the cost of the other person flying to and from, too. Some will not.

    As far as the other parent berating you, the judge can order him to not talk like that but that is not going to make it happen. The judge is just a judge, not a wizard or a god. My advice (speaking from personal and professional experience) is to grow a thicker skin and treat the stuff he says the same way you would treat a boiling kettle. Let him spout off and make his noise until he runs out of steam. Eventually he will realize that his blathering isn't affecting you and it will get less frequent. If he's not being a jerk, then listen, otherwise ignore him. Since you have emails, too, he's spouting off and you get all this delicious evidence that you can use against him in the future.

    See question