Skip to main content
Robert C Howard Jr
Avvo
Pro

Robert Howard’s Answers

30 total

  • Can my ex claim a child if an arrearage order was placed against him?

    We have 2 kids together & our original child support order (2007) stated we each claim 1 child, if father isn't current for prior year child support he's not entitled to claim 1 and mother gets to claim both children. He was never current on child...

    Robert’s Answer

    I don't think the existence of the arrearage is what deteremines whether he can claim the child as a dependent. If he is current on the payments due for the year in question plus any arrearge payments ordered by the Court, I think he would get to claim the child for that year. He already forfeited his right to claim the child in the years when the arrearages accrued.

    See question 
  • In my recent divorce it states I have division of real property. I am not on the deed to the home. Do I still get half?

    He is living in the home and refuses to give me half of Items that are mine in the home. As far as property can I make him buy me out? Or can I put a lien on the home?

    Robert’s Answer

    I think you should see an attorney to have him review the exact language of your Decree and interpret it for you. It may be clear and it may be ambiguous, but that is hard to tell from your question. The fact that you are not on the deed is problematic but does not control whether the real property was community or separate or whether there was a community lien against the real property. That is controlled by the facts which the judge considered before entering the Decree. you need to have an attorney look at that Decree.

    See question 
  • What constitutes indirect contact between step parent and step child?

    If a no contact order has been established between a step parent and a child do gifts from the step parent's family constitute as indirect contact? Child has expressed gifts from these individuals makes them uncomfortable.

    Robert’s Answer

    I think the answer would depend on whether the step parent is the one causing the gifts to be sent. If not, I think you would have a hard time proving a violation of the no contact order. If the child does not want the gifts, why don't you just intercept them when delivered and throw them away or donate them to a charity?

    See question 
  • What does it take to get a divorce process to mediation? Wife refuses to list house.

    divorce has been ongoing since march 2013. Back and forth regarding quitclaim deeds (both refusing to do so), with a race to see who can qualify to get loan in their name. Neither one of us can qualify because it is a second home. I want to lis...

    Robert’s Answer

    Mediation is a voluntary process that requires both parties to agree to meet with a mediator. If she is not willing to agree to go to private mediation (you will incur a cost and have to figure out how that would be shared), then ask the Court to set a Resolution Managment Conference (RMC). At the RMC, the Court will set a trial date so that if no settlement is reached you will be able to get a final resolution. You can also ask for alternative dispute resolution (ADR) and they will set up a date and time for a settlement conference with another judge who will not be presiding over the trial. In the past that has been free, but I have heard that the judges are starting to impose a cost on the parties in some cases. By the way, if the parties cannot agree, the judge will most likely order the home sold and the proceeds divided. If both parties want the house, they are not likely to choose a favorite. It will just be sold.

    See question 
  • Child support suit - why doesn't Petitioner have to serve BOTH Respondents?

    A third party (Petitioner) has sole legal custody of my child. When Petitioner was granted custody, I was married (now years divorced). No child support agreement was made. Petitioner is now seeking child support; my ex wife and I are both listed ...

    Robert’s Answer

    Your question is confusing but I think you are saying that the natural mother of the child is the Petitioner and that you and your ex-wife were Respondents in an action to establish parenting time with the child. Even though she was not the natural mother, your ex-wife could be given parenting time if she stood in loco parentis to the child. So, she would have to be included in any action involving a change to the parenting time. However, being in loco parentis does not mean you have an obligation to pay child support. Only the natural parents have that obligation. So, only the natural parent would have to be served regarding child support.

    See question 
  • How do i find Legal Aide services for Low income single mother to help fill out paperwork for child custody/ support?

    Im a single mother who is trying to get child support and custody of my daughter. I have the paperwork to fill out, but i don't know how to fill it out, or what is my best option, so looking for an attorney either free of charge or at a low cost.

    Robert’s Answer

    In Maricopa County, you can get a 30 minute consultation with an attorney at the Family Law Assistance Project (FLAP) and I believe that the cost is either $25 or $35 depending on your economic status. Contact Karen Jackman at FLAP to make an appointment.

    See question 
  • Recently filed a divorce

    I recently filed for a divorce from my husband. After filing for the divorce I find out he is still married to his first wife, as well as, me too. How could this be in the state of Arizona. You would think when we applied for the marriage license,...

    Robert’s Answer

    Unfortunatley, the County does not do cross checks when you file for the marriage license. But, you do sign an acknowledgement that you are not presently married. You have the basis to seek an annulment of the marriage and should proceed along those lines.

    See question 
  • In Maricopa County what forms can a grandparent file to obtain legal decision making and physical custody of there grandchild.

    What court would they need to filed with Superior Court or Juvenile Court.

    Robert’s Answer

    Grandparents have no inherent standing to seek decision making authority or parenting time with a grandchild. What you might be able to do is dependent on a great many facts that are not identified in your question. I suggest you contact an Arizona attorney to find out what rights, if any, you may have to seek the relief you are requesting.

    See question 
  • How do I get my x-spouse off the mortgage to the house I was awarded in the divorce? I have a quit claim deed.

    I have a foreclosure 2 years ago on different house.

    Robert’s Answer

    If the ex-spouse quitclaimed the title to you, I am not sure why you want to get them off the mortgage since you have the baility to sell the property without their cooperation now. Taking the ex-spouse off the mortgage just improves the ex-spouse's credit rating and makes it easier for them to buy their own house. But, you can do it by refinancing the mortgage or sometimes a bank will remove them if you agree to pay some extra fees.

    See question 
  • Quickest way to get the Divorce Decree .

    Some facts :1) I m the petitioner 2) This is an uncontested and a very amicable Divorce 3) The papers were served to the respondent about 30 days back 4) ERC has been set for 1.5 months from now (75 days from the date the papers were served. T...

    Robert’s Answer

    If you and your spouse have reached an agreement, it can be put into a stipulated consent decree and mailed to the Court after the 60 day waiting period expires. When the judge signs the decree, the ERC will be vacated. Both sides will be required to pay filing fees and you each need to take the parenting class if there are minor children involved. You can contact an attorney to have the Decree drafted.

    See question