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Monica H Donaldson Stewart
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Monica Donaldson Stewart’s Answers

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  • What can I do about my current custody agreement when the father is going to prison?

    I have 2 daughters with my ex, we went to court and got a joint custody agreement the judge gave me presumptuous decision making and me primarily having them most of the time. He was also ordered to pay child support along with that, from day 1 he...

    Monica’s Answer

    There are several separate issues here, so I recommend you consult with an experienced family law attorney who can assist you in determining which steps to take and in which order. Many law firms, including ours, offer a free initial consultation.

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  • Can I still collect child support?

    Going through a divorce and my soon to be ex wife live in Asia and my son and I live in the states. She agreed to give up on our son, in order for me to have my son I have sign agreement with her not collecting child support. Can I still get child...

    Monica’s Answer

    It may be possible for you to collect child support even if you have agreed not to do so; however, it may depend on the signed agreement and other circumstances of your case. I recommend consulting with an experienced family law attorney who can properly advise you. Many law firms, including ours, offer a free initial consultation.

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  • Will a court grant emergency temporary custody if the mother is in a treatment center for attempted suicide by heroin?

    My cousin attempted suicide by overdosing on heroin. She was taken to the hospital and I picked up her three kids. They are currently staying with me but they need to be registered for school but I don't have the ability to do that. The mother is ...

    Monica’s Answer

    Under the circumstances you described, it may be more appropriate to seek legal guardianship of the children. This process is more straightforward if the parent will consent, but it is possible even without consent. I recommend that you consult with an attorney experienced in these matters to discuss your options. Many law firms, including ours, offer a free initial consultation.

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  • What do I need to do to start collecting child support?

    I finalized my divorce in March 2016, which also came with the income withholding order for child support. Supposedly after my exes employer received it, she fired him rather than complying. It's now been six months and I haven't seen a dime of ch...

    Monica’s Answer

    If the other party is not paying court-ordered child support, it may be appropriate to file an action to enforce the past-due support. If the other party is employed, an Income Withholding Order can be submitted to the employer to ensure that ongoing payments are garnished and the arrears don't continue to accumulate. I recommend that you consult with an experienced attorney who can discuss your options in greater detail. Many law firms, including ours, offer a free initial consultation.

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  • Can I file a "Divorce WIthout Children" petition if my husband is not the biological or adoptive parent of my child?

    I filed a "Divorce Without Children" petition because my husband is not the biological father and did not adopt my child while we were married. Is this the correct form to file? There is a section about "Minor Children" in this packet where I did...

    Monica’s Answer

    If you and your husband do not have a common child D(e.g. he is not the biological father and did not adopt your child), then this is a Divorce Without Children.

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  • If I marry a woman with kids, will I have to pay child support if we were to get a divorce?

    My girlfriend has two children. We have none together. We want to get married. But I need to know what would happen if the married were to dissolve.

    Monica’s Answer

    A stepparent does not have a legal obligation to pay child support, so if you were to divorce, you would not be required to pay child support for her children unless you adopt them during the marriage.

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  • In AZ how is child support calculated and how can it work out that neither parent has to pay?

    Say for instance one parent has legal decision making and both partners have joint custody. Minimal amount of money on both sides.

    Monica’s Answer

    Child support is calculated based on a statutory formula that takes into consideration factors including (but not limited to) the parents' incomes, the cost of child care, the cost of the child's medical insurance, the allocation of parenting time, and other items. There are circumstances where the factors could result in a calculation for little or no child support. There are also circumstances where the parents can agree to "deviate" from the amount that is reflected on the worksheet (e.g. to agree to a different result). In order for the court to accept a deviation, both parents must acknowledge in writing that they are aware of what the child support "would have been" if they had not agreed to deviate, that the deviation was entered into voluntarily, and that the deviation is in the child's best interests. Many judges will also want to know the reason that the parents have agreed to deviate. The calculation of child support can be complicated, so I recommend that you consult with an attorney who can create a child support worksheet using the actual factors for your situation.

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  • What's these fastest way to bring my boyfriend from Mexico to the United states.????

    I'm a us citizen struggling economically. And I need.my husband here I would like to get marry here bt he is not in the United states. How long is the process to bring him here as a boyfriend so I can get marry here in Phoenix az . Pls help I need...

    Monica’s Answer

    I have re-coded your inquiry as an immigration question, as I believe you will need the advice of an immigration attorney to address the situation you described.

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  • Is there any hope in the Statute Of Limitations for Arizona 1993

    I owe approx..70,000.00 in arrears. The child and mother moved out of state right after the divorce was over. I made a promise to her that I would not be involved in the child`s life or hers if she did not pursue the child support. However, it was...

    Monica’s Answer

    • Selected as best answer

    The three-year statute of limitations no longer applies; however, under the revised statute, the relevant date would be when the child emancipated (not the time the judgment was entered or other action taken). I recommend that you speak with an experienced child support attorney to discuss this matter in greater detail. Many law firms, including ours, offer a free initial consultation.

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  • If my sons birth certificate doesn't list a father can my husband , who is not the biological father, adobt my son?

    My fiance wants to adopt my son. My sons birth certificate has no father listed. His bio dad was in prison when son was born. Not sure if I need to get bio dads permission for husband to adopt since bio dads not on birth certificate.

    Monica’s Answer

    Even if the biological father isn't on the birth certificate, his rights must still be terminated. If he will sign a consent to the adoption, that is often sufficient. If he will not, then a separate action would need to be filed to terminate his rights (assuming that there are legal grounds to do so). In addition, you will need to be married for an adoption to occur. A stepparent can adopt a child, but a fiance cannot. I recommend you speak with an experienced attorney who can discuss your options in greater detail.

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