Monica H Donaldson Stewart's Answers

Child support and change to a divorce decree

In Arizona, the division of tax exemptions is not based on the amount of time the child spends with either parent; rather, it is generally divided based on the parents' proportions of income, so if your incomes are roughly equal, the court would order the exemptions to be alternated; however, he must be current in his support obligation during each odd year (by Dec. 31) in order to claim the child, otherwise he forfeits the exemption for that year.

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Blackmail

Are you saying that you want to try to impersonate someone in order to secure an "equal settlement" in your own divorce? If I am misunderstanding your question, then please disregard my response; however, if I am understanding correctly, I can only urge you not to proceed with this course of action. First of all, you cannot pretend to take the identify of another person. Second, I believe you will lose any hope of maintaining credibility in pursuing your case if you do this. Third, the law...

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Who keeps the engagement/ wedding ring when getting a divorce?

Generally speaking, if you had split up before the wedding, you'd have to return the ring, but since you did get married, the ring is considered a gift to you, and you are not obligated to return it. You are also not obligated to return any other gifts you received from him (or anyone else) during the marriage. I recommend you speak with an attorney to discuss your options and help you decide on the best course of action. ** This response is provided as general information only and does not...

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Is there a certain age when children have a say in custody/visitation agreements in AZ?

Several components to your question... 1. The wishes of the children are one factor among many that the court must take into consideration in determining the children's best interests. Generally, the wishes of older children are taken into greater consideration than the wishes of younger children. 2. If the father wants to modify the current parenting time arrangements, it is his burden to prove that there has been some kind of change in circumstances since the entry of the current orders,...

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If I get child support do I have to pay attorneys fees with it

He cannot offset anything against your court-ordered child support without your consent or a separate court order. It is not common for the court to offset attorney fees against child support, but if you don't pay, the court can enforce the judgment (e.g. perhaps additional sanctions), and the judgment accrues interest, so it can go up if you don't get it paid down.

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If my ex-wife has a live-in boyfried, can I have the spousal maintenance terminated?

The cohabitation in and of itself does not automatically terminate the spousal maintenance obligation; however, if their cohabitation results in a reduction in her monthly expenses (e.g. if he is contributing toward the household expenses and thereby reducing her expenses), then you may be able to ask the judge to reduce the obligation based on a substantial and continuing change in circumstances. I recommend you speak with an attorney who can discuss your options and help you decide your best...

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How do I respond to the summons for divorce?

In Arizona, lawyers are not court-appointed to assist parties to a divorce proceeding. You can file a Response by going to www.superiorcourt.maricopa.gov, self-service center, forms, family law forms, and follow the instructions on screen. The forms and instructions are available and intended for parties who represent themselves (there is a filing fee of $276 to file a Response, but you can also try to file for the fee to be deferred so that you make payments over time). You can also contact...

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How do i find out the contents of documents filed in superior court of arizona naming me as the respondent??

Documents filed in Superior Court are public record, unless the court has sealed the case (which is unusual). Depending on which courthouse the case is filed in, you may be able to view the documents at the courthouse or at the downtown records facility. You can also review the "docket" page for your case by going to www.superiorcourt.maricopa.gov, then click "find a case" and follow the instructions from there. It should give you an opportunity to review the list of what documents have...

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Joint Legal Custody, but father wants to move away without child.

If he is not attempting to relocate WITH the child, then he is not required to provide notice or obtain your consent before moving. Since the "local" parenting plan is not feasible from such a distance, it would be a good idea to discuss a long-distance parenting time arrangement, including how travel expenses would be addressed. If you have concerns about how his relocation will affect your rights or your child's best interests, I recommend you speak with an attorney to discuss your options.

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Nether Parents live in AZ anymore, Can I move without consent?

Arizona has a law that requires certain steps before a parent is permitted to relocate a child out of the state (or more than 100 miles within the state), but the statute is specific that it applies only when both parents currently reside in Arizona. If he has already moved out of state, then you are not required to get his advance consent or a court order before you can move; however, if your relocation will require a change in the parenting time arrangements, then you will need to properly...

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