my buddy is getting screwed by his ex over their daughter. She does not work and lives with her parents ( paying no bills) and still collects child support from him. is there a particular form to file? being more specific she uses her authority over the child to limit contact with father. father is a hard working guy who is trying to do the right thing for their diabetic daughter. while mother admits to giving unhealthy and diabeticly dangerous food and treats to the child.
Family Law Attorney
If there are orders in place detailing how custody (legal decision making) and child support are to be followed your friend should start by reading the orders. If there has been a change in circumstances relating to child support, parenting time, he may wish to file a petition to modify the order. If she is not following the orders he could file a petition to enforce the orders. You can find forms on the webpage to the Maricopa County Superior Court (check the self-service area).
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Child Support Lawyer
What your friend needs to do is request a modification of the current custody order and parenting plan. If your friend's ex has been denying him access to the child and not following the current parenting plan, that will go in his favor when the judge decides the new custody arrangement. You can request a recalculation of child support when you modify the parenting plan, or request a modification by itself if you think there is an error in the current calculation.
This post is general information about divorce and family law in Arizona, and is not legal advice. Divorce is a complex process, and taking legal action without the one-on-one professional advice of a lawyer can produce unexpected results.
Family Law Attorney
It's impossible to give statistics. Every case is based on its own facts and ultimately what is in the best interest of the children. Both of the attorneys who answered have given you excellent guidance on how to proceed.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.
Family Law Attorney
I agree with the answers above, however, I would add that there is always a timing issue when it comes to filing Petitions to Modify. In the event the ruling within 1 year, then he may not file a Petition to Modify, unless: 1) You can show the child is in serious danger. If you have enough evidence to show that Mother is neglecting the child's medical needs with respect to diabetes, then that may suffice to allow you to file the Petition. 2) You can show the other party has violated the Decree. If the other party has violated the Decree, a Petition may be filed 6 months after the modification has been entered.
Regardless of when you file, you need to show the court that there has been a continuing and significant change in circumstances, and that any modification requested is in the best interest of the minor child. There also may be an Order indicating that mediation be attempted prior to filing. As such, you may have to explore mediation first, unless he believes the child is in serious danger.
This answer is provided for general information only and is not to be construed as legal advice. This response is not intended to create an attorney-client relationship.