I'am a mother of a 3 year and I pay her father child support $91 a month. When we first added the child support calculations his lawyer and mine didnt add in all the work bonus that he makes because they said it doesn't count. My lawyer told me th...
It is important to note that under the Guidelines, when handling "bonuses" it states as follows: "Each parent should have the choice of working additional hours through overtime or at a second job without increasing the child support award. The court may, however, consider income actually earned that is greater than would have been earned by full-time employment if that income was historically earned from a regular schedule and is anticipated to continue into the future."
Based on the above, the Court MAY consider bonuses that are regular and historically earned. However, the caveat is the use of the word "MAY". Courts are not required to add the bonus income into the child support calculation, but they may do so if it meets the factual scenario described above.See question
Together 20 yrs, married 13. Stay at home mother with children. Husband wants divorce and for me to leave house. I have no money and no way to get any, all my funds have been tied up in home. He is well aware. How do I protect myself and my childr...
First, you are entitled to remain in the marital residence. You could file a Motion for Exclusive Use of the residence, if it becomes a further issue. Second, you won't get attorney's fees for the reason you stated. Just because he is filing is not a sufficient reason to grant you the award. You may be entitled to attorney's fees depending on the disparity of income under A.R.S. 25-403.08. Finally, you should strongly consider filing a Motion for Temporary Order for Spousal Support and Child Support, if he decided to file. However, before doing so, it would be important for an attorney to know more details about your specific case and to determine whether that is the best initial strategy (for example, you may be able to work out a temporary agreement before filing anything).
Most attorneys on here offer free initial consultations. It would likely be worth your time to speak to one or more of them.See question
My ex and I signed a stipulation summer of 2013 allowing my relocation out of Arizona. It was signed and ordered by the judge. In specific or order allowed my relocation with our daughter to specifically Washington. Where we are now. Husband is ac...
The relocation statute does not apply to your case because you already live in a different State. Likely you would be able to relocate without filing anything with the Court, or getting his approval. It would appear that his parenting time would also remain the same if you move. The query that I would have, though, is if your proposed relocation would cause you to move out of the country (due to the "active duty" fact you described above). If that is the case, then I would recommend contacting an attorney immediately to determine the best course of action. Most firms on here, like mine, offer free consultations.See question
I live in arizona and the mother lives in california. We have 50/50. I am more stable and can provide a healthy environment for our daughter. If I was to relocate after being granted sole custody can i relocate to the same state and city the mothe...
You should be aware that the relocation statute A.R.S. 25-408 applies to those that have joint legal decision-making or unsupervised parenting time (which she appears to have). However, it is also only applicable if both parents live in Arizona. If Mother lives outside of Arizona, and the child lives here, I do not believe the typical notice required under the statute (60 days advanced written notice by certified mail) would be required before you move.See question
If divorcing parents live in 2 different communities approx. 35 miles apart. What is a good parenting plan for them if 1 parent has primary residency? None of which has been settled yet. (Primary residence,custody,etc)
Under Arizona law, Court will try and "maximize" the parenting time with each parent that is in the best interest of the minor child. Your question is difficult to answer without knowing whether your child or children are in school, as that will make a difference with respect to the parenting plan. If both of you agreed that one parent will be the primary custodial parent, and the child is in school, typically I would suggest a schedule where the other parent has every other weekend, or even sometimes three weekends a month to maximize that parent's parenting time. I would further suggest that summer and break be split (at minimum) equally, but that depends on whether you both intend one parent to the primary custodian throughout the entire year.
In truth, it is best to speak with a few attorneys to get some ideas of a parenting plan that may work for your situation. It would also be advisable to have an attorney help draft the parenting plan if one of you can afford it.See question
i have an order of protection against my ex-husband which covers my children as well. Today it was amended in Superior court to allow him contact with the kids by phone, text and a court ordered parenting plan. He says, that according to his attor...
You have indicated that the order of protection allows for him to have contact via a court ordered parenting plan and that there is currently a "protective plan" in place. Based on those two statements, I believe that, at minimum, he is allowed contact via the protected plan. Any other court ordered contact would be issued in a later hearing.
As to whether your husband's statement regarding whether he can see the kids "is up to [you]" is a difficult question to answer. Often parents go outside of the parenting plan arrangement, so in that sense it could be up to you. But you also have to measure whether going outside the "protective plan" is in the children's best interest.
As mentioned by the previous attorneys' posts, your best option is to have an attorney look over your current orders, analyze the known facts of the case, and give you guidance. Even if you cannot afford an attorney full-time, many attorney's offer free consultations. Further, many attorney's offer limited scope arrangements as well that could potentially fit the needs of your case while still balancing your pocketbook. Call an attorney. It will be worth your time.See question
Husband and I divorcing. We have resolved all issues except our community debt. We go to a final hearing Jan. 21st I would like to know if I can file bankruptcy after divorce or before divorce is final,or whats my best option?
You can file either before or after filing. As to whether you should file before or after depends on the facts of your specific case. If you do file before, your hearing on Jan. 21st will likely have to be continued. When you file bankruptcy, an automatic stay comes into effect which would "stay" or "prevent" another Court from making a determination regarding division of property or debt until the bankruptcy has become discharged. This can only be overcome earlier via the filing of a "motion for relief of stay." Once granted or once a discharge is entered the issues of community debt and community property can be further explored in a hearing.
In truth, it is likely prudent to seek out an attorney that has experience handling both family law and bankruptcy or who has knowledge about how the two interplay. I recommend that you speak with an Arizona attorney who can give you various different strategies that you can explore.See question
I filed for divorce asked for 50% of 401k and Ira. He agreed but has not responded to the filig cuz it cost money so he agrees to go default which I plan to next week then I realized I forgot pension how can I do that while I already filed for d...
There is a few things you can do here. One, you can put together a consent decree. There is a fee requested to cover his response of $269, and it doesn't really matter who pays it. Two, you can file an amended petition. Usually, you have to request to amend it by motion, but when no response has been filed, you will likely be able to just file an amended petition...you will just have to serve him again. Once amended, you can seek default. If you go for default, you will most likely want an amended petition, because the courts will usually not award you something by default that was not in your original Petition. It should be noted that if he is concerned about the cost, he can seek a fee deferral as well, where he can pay the response fee over time.See question
We have had to go yo court for everything. She refuses to follow court orders. She was to be evaluated & never did it even with s court order. Judge never forced her to follow through.. Same with get parents
It sounds as though you will need to file a Petition to Enforce and request Contempt for her not abiding by the Decree. You may also be able to file a Petition to Modify Parenting time if she is violating the parenting time orders. Under the statute, you can file a modification within 6 months of them being entered if she is violating court orders. You can file a Petition to Enforce or Contempt sooner than the six month timeframe, however.See question
I have moved to Minnesota about 2 months ago and we got married in Phoenix court about 4 months back. Do I need to come to AZ to file the divorce or should I do this in MN?
This would largely depend on Minnesota's rules for filing divorce and whether they could assert jurisdiction. Because you lived in Arizona 90 days ago, you could still file here, however.See question