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Patrick S Sampair
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Patrick Sampair’s Answers

1,148 total


  • Do I have to serve the Petitioner will my Response if the State filed a Petition to Establish Child Support on her behalf?

    My son's mother had the State County Attorney file a a Petition to Establish Child Support on her behalf. Do I have her served with my Response or just have my Response served on the State County Attorney's office or served upon both parties?

    Patrick’s Answer

    I agree with both of the prior Responses submitted to your question, however I will clarify one issue.

    Service of a Response does not require a Process Server. It may be effected by mailing a copy to each party by First Class mail.

    You may also want to consult with an attorney for further guidance as this action will address Paternity and Child Support only. You will need to file a separate action to Establish Legal Decision Making and Parenting Time.

    If you want to be involved in your child's life, an experienced Family Law Attorney can explain the law to you. You can file a separate action requesting Joint Legal Decision Making and Equal Parenting Time, however, the pending action will give you neither. It is only to force you to pay Child Support.

    If you haven't done so already, you should discuss your rights and other options with an experienced family law attorney.

    Good luck!

    Patrick Sampair, Attorney at Law
    The Sampair Group, PLLC
    17235 N. 75th Avenue, Suite E-100, Glendale, AZ
    623.218.1000

    IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

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  • Could judge order no child support for either mother or father if each have equal physical custody; no children outside order

    Father and mother have little money

    Patrick’s Answer

    Child Support is determined by a formula that takes into consideration many factors, including the incomes of both parents, necessary expenses such as health insurance and childcare and the amount of time that the children spend with each parent.

    Due to the fact that many parents share equally in Parenting Time today and often have similar incomes, it is often appropriate that there would not be any child support required.

    If you haven't done so already, you should discuss your rights and other options with an experienced family law attorney.

    Good luck!

    Patrick Sampair, Attorney at Law
    The Sampair Group, PLLC
    17235 N. 75th Avenue, Suite E-100, Glendale, AZ
    623.218.1000

    IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

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  • Will I be able to receive spousal support?

    Been in a relationship living together with my husband 4 years before married. Married 1 year he's packed up and abandoned me & my 2 children (which are not his biological children) after several counts of cheating. We currently live in 2 differen...

    Patrick’s Answer

    While you may be entitled to some amount of spousal support while the divorce is going on, it may or may not be cost effective to go after that Temporary Support. You would not likely be entitled to support after the divorce as it is too short of a marriage
    If you haven't done so already, you should discuss your rights and other options with an experienced family law attorney.

    Good luck!

    Patrick Sampair, Attorney at Law
    The Sampair Group, PLLC
    17235 N. 75th Avenue, Suite E-100, Glendale, AZ
    623.218.1000

    IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

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  • My husband is filing in another state and asking for my ID does he need it

    I was married in Texas to him he lives in Mesa Arizona and I live in Yuma Arizona and he is asking for my ID for the paperwork to file for divorce does he need that and the marriage license as well

    Patrick’s Answer

    If you both reside in Arizona, your husband could not file in another state. You do not have to provide him with a copy of your ID or the marriage license.

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  • What legal action do I have to retrieve what should have been paid to me since she was still co-owner on the property?

    Divorced on October, 2014. Prior to the Decree being recording, there was a PRELIMINARY INJUNCTION from the Judge that each party was still responsible for current debt in both names...ie Mortgage and house bills. My X refused to pay her share o...

    Patrick’s Answer

    The Preliminary Injunction does not state that she has to pay you half of the household debts.

    Most likely, if the Decree does not state that she was to pay you or certain creditors, then she does not owe you any such funds.

    Best wishes.

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  • What are my rights if a paternity test states I'm the father of an 8yr old I had no idea existed? Is filing allowed 8 yrs later?

    I was served child support papers stating I am the alleged father of an 8 year old. I have not had contact with the mother for over 9 years. I was never told about this child. I had no idea about this child. I was never contacted by anyone, includ...

    Patrick’s Answer

    Yes, she can file for Child Support at any point before the child is emancipated.

    If she is alleging that you are the father and you fail to respond to the Court Documents, the Court will likely enter a Default Judgment, declaring you the father and potentially ordering up to 3 years of back Child Support.

    You don't want to ignore this once you have been served, it can only get worse if you do.

    If you do not want a relationship with the child, that is your decision and the Court will not force you to be a part of the child’s life if you do not want to. But if you are in fact the father, you will be required to support your child.

    If you haven't done so already, you should discuss your rights and other options with an experienced family law attorney.

    Good luck!

    Patrick Sampair, Attorney at Law
    The Sampair Group, PLLC
    17235 N. 75th Avenue, Suite E-100, Glendale, AZ
    623.218.1000

    IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

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  • Can he actually due that without going through the court system first? how do I protect myself after the baby is born?

    I am an un-wed mother to be. my child is due in September, and the father and I are no longer together. He is threatening to take away my baby when the baby is born.

    Patrick’s Answer

    He will not be able to take the baby away when it is born unless you let him or he gets a Court Order (which is not going to happen unless you were to endanger the baby somehow). In fact he does not even have the right to be in the delivery room unless you want him to be. My advice is to not worry about him for now as your health (and correspondingly, the health of the baby) is more important. The more he wants to argue with you the less you should talk to him. Only deal with him by text or email. If for some reason he should become more civil about the discussions you can decide whether to talk to him. These type of stressful discussions are not healthy for you or the baby. Once the baby is born you should contact a Family Law Attorney and determine your rights. Most attorneys on this site offer a free consultation.

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  • Can I leave my attorney at any point for poor representation.

    What reasons are acceptable to a judge for releasing your attorney, are there certain grounds for that?

    Patrick’s Answer

    You have the right to terminate your relationship with your attorney at any point. You can simply contact the attorney and get him to file a Notice of Withdrawal. However, if you do that and do not hire a new attorney, you will be representing yourself and held to the same standard as if you were an attorney. Another option is to hire a new attorney who can handle the change of attorneys for you. Most of the attorneys on this site offer a free consultation.

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  • Will his visitation be here in Arizona or will he be allowed to take my daughter back to Illinois with him?

    My 1 year old daughter and I live in Arizona. Her father lives in Illinois. He has only seen her 1 month out of the 16 months she's been alive. I took her to Illinois so he could see her. She was 9 months at the time. He kicked us out of his house...

    Patrick’s Answer

    You are correct that a probable outcome in court is Joint Legal Decision Making with father having Parenting Time. Assuming that you are both fit parents, Father's Parenting Time will likely occur in Illinois if that is where father resides. The court would likely order that the costs related to transportation be shared between the parents.

    This of course is not the only possible outcome, but this is a likely outcome

    If you haven't done so already, you should discuss your rights and other options with an experienced family law attorney.

    Good luck!

    Patrick Sampair, Attorney at Law
    The Sampair Group, PLLC
    17235 N. 75th Avenue, Suite E-100, Glendale, AZ
    623.218.1000

    IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

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  • Do I have enough to file for full custody?

    I have a question about custody. My ex wife and I have split custody ordered by the courts. The divorce has been final for about 7 yrs now. I believe my ex wife is incapable of caring for our child. She has no job, no car and lives with mom for th...

    Patrick’s Answer

    I think you have some evidence that would be compelling to a court. Particularly regarding the schooling. With that many absences and tardies you should have received a Delinquency letter from the school. That letter and the information that most of the absences were on Mother's days would greatly concern the court. You should contact an experienced Family Law Attorney to go over the issues and evidence before you file anything. Most attorneys on this site offer a free consultation.

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