Annie Marie Rolfeā€™s Answers

Annie Marie Rolfe

Tucson Family Law Attorney.

Contributor Level 7
  1. How can affect my kids with my new wife if my ex wants child support?

    Answered over 2 years ago.

    1. Annie Marie Rolfe
    2. Daniel Seth Riley
    2 lawyer answers

    Child support is relatively formulaic in Arizona. Check out my colleague's link to the AZ Child Support Guidelines and that should give you a good idea of what will be expected. Be sure to check the 2011 Guidelines (the website gives you the option of 2011 or 2006) and be sure to select "equal parenting time," if that's the case. Your question also implies a number of other FAQs I often hear: 1. Will your spouse's income affect your child support? If you are working full-time, then likely no....

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My wife filed for divorce on feb 21st, 2012 but has not gone forward with it, her family wont let me speak to her, what do i do

    Answered over 2 years ago.

    1. Annie Marie Rolfe
    2. John C Belt
    2 lawyer answers

    I think that you need to decide what you want. If you want to stay married and she does not serve you, then the case will be automatically dismissed over time. You could also file a Petition for Conciliation in order to require her to attend marital counseling with you. If you no longer wish to be married, then you could file a Response to the Petition, even though she has not served you, and the effect is the same. The benefit of this course is that you can ask the court to enter...

    2 lawyers agreed with this answer

  3. Changing primary custody agreements 4 years after divorce.

    Answered over 2 years ago.

    1. Jeff Adrian Biddle
    2. Annie Marie Rolfe
    2 lawyer answers

    If you want the court to change your daughter's primary residence, then you are asking for a modification of physical custody. If you want to make changes without going to court, you should consider mediation. If mediation doesn't work, then you should consider filing a modification of custody pursuant to ARS section 25-411. There are a number of factors, pursuant to statute, that the court will need to consider when making its decision, including what is in your daughter's best interest. You...

    1 lawyer agreed with this answer

  4. In AZ can my husband and i bring in witnesses to the stand if we are representing ourselves for our divorce/custody battle?

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Annie Marie Rolfe
    2 lawyer answers

    Yes. I recommend looking at Rules 49 (Disclosure) and 76 (Pretrial Procedures) of the Arizona Rules of Family Law Procedure.

    1 lawyer agreed with this answer

  5. Is there any way i can collect my child support for my kids without going to court?? Can they just garnished from his wages?

    Answered over 2 years ago.

    1. Annie Marie Rolfe
    2. Michael J Corbin
    2 lawyer answers

    I agree with my colleague. You must first have an Order from the Court. Another important note, you can request that child support be effective from the date of your separation from your children's father, up to three years, so don't feel as though the last year is lost.

  6. How to get custody of my child who lives out of state.

    Answered over 2 years ago.

    1. Jeff Adrian Biddle
    2. Annie Marie Rolfe
    2 lawyer answers

    I agree with much of what the other attorney mentioned. However, another big question is, "where were your initial child custody orders entered?" If in AZ, then AZ retains continuing and exclusive jurisdiction. There is no guarantee that AZ won't release jurisdiction in the future, but that may be one way to get the matter heard quickly. Jurisdiction issues are complicated and fact-intensive. I would highly recommend speaking to an attorney.

  7. What is considered while determining amounts for child support?

    Answered over 2 years ago.

    1. Harry J Lenaburg
    2. Joan M Bundy
    3. Annie Marie Rolfe
    3 lawyer answers

    Child support is based (in part) on the earnings and earning capacity of the parents in question. Bills (mortgages, loans, etc.) are not considered as public policy dictates that your primary responsibility is to your children. Your earnings should not be considered towards your fiance's child support UNLESS your fiance is working below her full earning capacity as a result of her relationship with you (ie. she stays home with your new baby and you work to support her and the child). In that...

  8. Does my wifes trustfund effect the child support calculation in AZ.

    Answered over 2 years ago.

    1. Annie Marie Rolfe
    1 lawyer answer

    The Arizona Child Support Guidelines suggest that the courts consider "trust income" when determining each parent's gross monthly income. If your ex is relying on her trust income and, because of that income, she is not working at her full earning capacity, then it is likely that the court will consider her trust income at least up to an amount consistent with what she would have earned if she was working at her full capacity. Whether or not the court considers any amount above her full earning...

  9. How do I get my parent agreement revised

    Answered almost 3 years ago.

    1. Annie Marie Rolfe
    2. Vincent Barney Garcia
    2 lawyer answers

    The first question is whether you and your ex can reach an agreement. If you agree, you can modify your agreement yourselves or through a mediator. It would be best for such an agreement to be in writing. If you cannot reach an agreement, then you will need to seek court intervention. The type of motion that you need to file depends on what you want to accomplish. You may need to file either a Petition for Modification of Custody or a Petition for Modification of Parenting Time. You will...

  10. Do expenses outside the Arizona Child Support Calculation Worksheet factor into AZ Support

    Answered almost 3 years ago.

    1. Lenore Tsakanikas
    2. Annie Marie Rolfe
    2 lawyer answers

    While I agree that rent, etc., cannot generally be used to reduce one's income, you can argue that the obligor should be attributed income based on the living expenses that are being paid on his behalf. In order to make this argument, you would first want to show that he truly is earning below his potential. In other words, is he intentionally making less money than he is capable of making? If so, then you could ask the court to attribute him with additional earnings up to the amount that...

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