Christopher W Rike's Answers

Legal separation in community property state

Legal Separation is available in Arizona and the process is the same as if you were filing for divorce. In effect a legal separation is just like getting a divorce, except you are still married. Property and debt must be divided and custody, parenting time and support must be determined for children. Arizona is a community property state, meaning income, debts and property accumulated during the marriage are presumed to be "community." This means both parties have a claim on assets and...

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How do get arrears adjusted in court?

Unfortunately, you will not be able to adjust your arrears prior to when you filed to modify support unless both parties (and the state if your case is a Title IV-D case and the attorney general is involved) agree to do so. If you child support is modified at your upcoming hearing, the modification will only be retroactive back to the time after you filed your petition to modify.

We want to move out of state in 2010 can we take grand daughters with us?

Arizona Revised Statute (A.R.S.) 25-408 addresses this issue. Basically, if someone else has parenting time with your grand daughters (e.g. her parents) you need to provide written notice 60 days in advance to those individuals by way of certified mail. They then have 30 days to petition the court to prevent the relocation. This applies even if you have sole custody. If the other parties object to the relocation, then there will be a court hearing during which you will need to show the move...