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Deborah Varney

Deborah Varney’s Answers

94 total


  • Can I have someone review my dissolution of marriage paperwork for accuracy but still represent myself?

    My husband and I agree to child support, debt distribution and all property. We want this to be very amicable and want to do this ourselves. I am getting advice to have a lawyer review the documents b/c "that is just not done on your own".

    Deborah’s Answer

    You should call an attorney to set up a consultation. Many attorneys, such as our office, offer a free 30 minute initial consultation. During the consultation, the attorney will be able to review any pleadings you have prepared and answer any questions that you have. It would be advisable for each of you to go to your own attorney and review it individually. Good luck!

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  • I need to know if I am legally divorced in Orange Park Florida

    I was divorced in the year 2003 of March

    Deborah’s Answer

    Every county courthouse has divorce records. Orange Park, Florida is in Clay County. So you could visit the Clay County website to ascertain information about your case. If you need a copy of your decree, you should contact the Clay County circuit court directly, pay the fee, and obtain a copy. Good luck!

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  • Can a form be filed by both parties to waive child support on an unborn baby?

    Is there a form where if both parties agree to sign a consent, that either party will NOT be responsible for child support?

    Deborah’s Answer

    Your baby first must be born before any document can be drawn up. The parties may sign a Stipulation (agreement) that neither party be responsible for child support. However, paternity would need to be legally established (which means filing a court case, not just being on the birth certificate), the parties would need to show how much child support would be based upon the child support formula, and that the parties agree not to pay or receive child support. You should probably speak to an attorney in the Tucson area who can advise you about the specifics of your case, and whether to sign a Stipulation or do nothing is better for you. Good luck!

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  • My husband left me and my 2 sons a yr ago. I have an attorney who is on maternity leave and we are hanging in limbo.Whati do\\\

    He stopped makng house pymts and I am 2 months behing. He hardly ever sees the kids 14 and 17. He travels with his girlfriend and won't give them money. I was a stay at home mom and work 20 hrs a week now for 10.00 hr. He makes 110.00 and give...

    Deborah’s Answer

    If there are no orders in place, you should petition the court for Temporary Orders and request spousal support as well as child support. If you already have orders in place, you may want to file for contempt for his refusal to comply with existing orders. If you are unable to reach your attorney, have a consultation with someone who can advise you on what to do in your set of circumstances. The sooner you act the better. Many law firms, such as ours, offer a free 30 minute consultation. You should discuss the amount of money he is providing to you, legal decision-making, parenting time, child support, and division of assets and debts. Good luck.

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  • We pay child support monthly but have not seen or talked to the children in 2 years. what can we do?

    the mother has moved the children 2 or 3 times and we moved out of state. one child is my husbands the other child is his step son but we still pay child support monthly for both.

    Deborah’s Answer

    You should file a Petition to Enforce Parenting Time. Based on your previous order, you will be asking the court to require the mother to allow the children to visit you. If you have moved and the move has made it so that your previous parenting time order is not realistic, you should petition the court for a modification of parenting time; that way you can obtain long distance parenting time. You should probably retain an attorney because handling cases when you live out of state is difficult at best. There are forms at the self-service center that would help you to file documents if you decided to pursue this on your own. However, you should consult with a family law attorney before you get started. Many family law firms, such as ours, offer a free 30 minute consultation. For our out of state clients, we offer a phone consultation. Good luck.

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  • Going thru Divorce with kids, 3girls (4,3 &1). My Husband's brother's (15 & 16)are being charged/accused with Giving Harmful

    Items To a Minor via the Internet.victim is my 4yr old.husband is allowing his brothers(predators)in his home for overnight weekend visits while girls are with him.husband is telling CPS, Police Officers and Detectives that I am coaching her. We a...

    Deborah’s Answer

    Petition the family court for an Order that your husband's brothers are not to have contact with your child. Present information to the court by producing copies of the police reports and criminal charging documents. You may want to consult a family law attorney about the best way to handle this type of serious situation. Good luck.

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  • Can I get in trouble or moving out of CA state with my children when I have full legal and physical custody?

    I made the decision to move out of state with my 2 children. I had a 2 year r.o. against my ex and it just ended Jan 2013. My ex has supervised visitation up to 10hours/ week, but hasnt seen them in almost 2 years, because he does not want super...

    Deborah’s Answer

    I understand that you moved from California to Arizona in October. It does not sound like you petitioned the California court to move, or provided notice to your ex in advance of your move. You do not say that you had permission to move with the children in your decree. You should consult a California family law attorney regarding what steps to take to make sure you can stay in Arizona, given that you have already moved. Your ex can still file with the California court to address the relocation issue since the case still remains in California. It's best for you to address this head on before he does. I also agree with my colleagues that renewing your Order of Protection is best.

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  • Child Abandonment for my ex-step daughter

    My ex-step daughter came to live with almost 6mths ago and her biological father (who has sole custody) hasn't made any attempt to see her or talk to her. Her biological mother lives in another state, and prefers she stay with me, since I have ra...

    Deborah’s Answer

    Guardianship requires both parents to consent to the guardianship. If you can't get both parents to agree, then you will need to file either a dependency petition in juvenile court alleging that there is no parent who is willing or able or capable of caring for her, or in family court in an in loco parentis action alleging that it is in the child's best interest for you to have her instead of being raised by either of her parents. The in loco parentis action requires you to prove this by clear and convincing evidence, a high standard. The dependency petition requires you to prove the allegations by preponderance of the evidence (i.e. 51%), but the dependency petition means that CPS will be involved. You should have a consultation with an attorney who is familiar with both family court and juvenile court to discuss this matter. Your step-daughter is fortunate to have someone like you to take care of her. Our office offers a free 30 minute consultation, if you would like to discuss it with us.

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  • What can I do now if the other party is late or is not paying child support?

    A child enforcement hearing already happened within the last couple of months, and its not in Accountability Court, I am wondering what steps I can now take, and what I should file next.

    Deborah’s Answer

    • Selected as best answer

    You can file a Affidavit and Notice of Non-Compliance to see if the court will set another hearing to address the other party's failure to pay support. If this is a IV-D case involving the attorney general's office, you cannot get in to Accountability Court. However, if it is not, you can file a Motion with the court to request that it be referred to Accountability Court. You can ask for a Review Hearing on child support to keep the other party on track and ensure that the court will continue to be on top of the case. Certainly the next time you are in court on this child support matter, ask the court to set a Review Hearing for a few months out to be sure the matter stays before the court and you do not have to keep filing actions to bring it back in front of the court. Good luck.

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  • What steps should we take?

    my wife and i agreed to get a divorce. we have been seperated for about four years now. i am engaged ready to be remarried but can not untill i get a divorce. is there a way to get a quick divorce in phoenix,az? my wife already agrred so what step...

    Deborah’s Answer

    If the two of you agree, you can either prepare a Petition for Dissolution to proceed by default (which means your wife does not file a Response and your Decree looks like your Petition). She could sign an Acceptance of Service (indicating that she received the Petition for Dissolution and accompanying documents) or you could have a process server serve her. You will need to wait 60 days after service has occurred to get divorced. There would be a 5 minute default hearing once the 60 days expires, or the two of you can prepare a Consent Decree wherein the two of you sign the Decree. However, that requires her to pay a $256 filing fee to file a Response. In the event of a Consent Decree, there is no hearing to attend. (The filing fee to file a Petition for Dissolution in Maricopa County is $321.) There is no way to shorten the 60 day time period from date of service. Good luck.

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