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My ex has moved into a rental house with her boyfriend so she now owns and rents her other home can child support be lowered?

Question:

My ex has moved into a rental house with her boyfriend so she now owns and rents her other home can child support be lowered?

She works full time and her boyfriend works full time. She is renting her house, 3 bedroom that she owns and receiving income plus only paying half rent in new house with boyfriend which should mean her bills have lowered, we have 2 children together 16 and 11 and she is now pregnant with boyfriend baby. Shouldn’t the home she is renting out be calculated in child support to lower it?

Answer:

The rental income (net of rental expenses ie mortgage payments) may be considered in modifying child support. The rent she saves by living where she lives now would likely not be used unless the house she is in now is leased in her name and the boy friend is paying 1/2 the rent. Then she would be getting a financial benefit from his paying her rental obligation. However if it is his house there is no benefit to her. Also bear in mind that any modification of child support must result in a 15% increase or decrease from the current child support order to become effective. In other words for you to get a reduced child support amount, the modified child support amount must be at least 15% lower than the current child support order.

 

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

 

Do I need a Lawyer in Arizona and Nevada to keep my child?

Question:

Do I need a Lawyer in Arizona and Nevada to keep my child?

My husband and I have been separated for almost three years. He lives in las vegas and I had to move to Arizona to get away from him. He has been caring for my son most of the time, only because he wouldn’t let me take him, until March of this year. I brought my son to Arizona with me and didn’t take him back. My child has lived in four different homes and attended four different schools, which has caused him to be failing all of his classes. I got served and his father wants primary custody. He also has a joint preliminary injunction that states I can’t take my child out of Las Vegas from June 11, 2013, forward, but my child has been living with me since March. What can I do to keep my child with me in Arizona?

Answer:

Since your son has not yet resided in Arizona for 180 days, Nevada has jurisdiction over your child and therefore the divorce action will be a Nevada action. Accordingly, you need to find an attorney in Clark County, Nevada to help you file a Response in Nevada. Your case will be heard in Nevada.

Likely, the Preliminary Injunction does not apply at this point, since the child was not in NV at the time the case was filed, however, if your son returns to NV during the pendency of the action, it may be a violation for you to remove him from the state at that point.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

I want to file in the Yuma, AZ courts, to have my ex-husbands visits supervised. What would forms should I file?

Question:

I want to file in Yuma, AZ courts to have my ex-husbands visits supervised. What would forms should I file?

There is a parental threat of abduction from him every time he visits with them and takes them to California (where he lives), there is a history of domestic violence and child abuse from him as well. I live in Phoenix now and he lives in San Diego, CA.  The case is overseen by a court in Yuma. Can I mail the forms in? Do I send filing fees with it as a money order? Please help!

Answer:

If you and the child now live in Phoenix and the original divorce was done in Yuma, you should transfer the case to Maricopa County, then address the issue of father’s Parenting Time. (Visitation)

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-Wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

What are my rights as a single mother? What are my chances on getting full or sole custody?

Question:

What are my rights as a single mother? What are my chances on getting full/sole custody?

My ex husband and I have joint custody of our child. He does not pay child support, he is verbally abusive, he recently got a DUI, he picks up his child whenever convenient for him, and goes up to six months without a visit. When he does take my child he ignores my calls and does not allow my child to call me. I want to know what I can do about this situation. I honestly don’t care about the child support, all I want is to have my child with me where he/she is safe. My ex and I can’t speak without him getting loud or making it difficult for me. I just want to live in peace with my child away from all this drama. I’m scared for my child and me. I fear my ex will lie about me and it will backfire where I’m the bad guy, but to be honest I’ve been there for my child since day one. Please help a single mom!

Answer: 

It sounds like you are way over-due for a consultation with an experienced family law attorney.

All of the things that you are having an issue with are unacceptable behaviors and if he will not work with you to parent your child then yes, it may be time to review a modification of his rights and responsibilities.

Further, if he is ordered to pay child support and does not obey that court order, it is time that he gets with that program as well.

Feel free to give us a call, we would be happy to discuss your situation with you at no charge.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valleywide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

 

Can a child support order be re-evaluated immediately by another judge if one judge refuses to change it?

Question:

Can a child support order be re-evaluated immediately by another judge if one judge refuses to change it?

My husband quit his job to start a small business. It has only been five months since we started the business. We have not made money yet after expenses necessary to start it up. My husband is previously divorced and pays child support. Recently his ex was awarded more time with the child which increased his child support obligation. At the time he made significantly more money than her. Now he does not. In addition to the child support he was court ordered to pay 72% of anything not covered by medical insurance. The increased child support and the 72% obligation is getting to be too much to pay. This order has only been in affect 2 months. Can we request that the order be re-evaluated? The current judge who ruled on the custody refused to hear anything about my husbands money situation.

Answer:

Your husband’s obligation to support his children is based upon his ability to support them, not his actual income.

Your husband knew that he was required to pay “$X” per month in child support when he chose to quit his job and start a new business. He “voluntarily” took a reduction in pay. This is why his child support was not lowered.

There is not an option of having a different judge review the finding as most likely the judge in the case made the correct determination.

To make matters worse, as soon as his new business starts to take off and his income increases, she can file a Petition to Modify the child support and get it raised, again, because his new ability to support his children.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valleywide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

If I have writ of body of protection in Illinois, will they be able to get me in Arizona?

Question:

If I have writ of body of protection in Illinois, will they be able to get me in Arizona?

The father of my daughter is trying to get full custody of her. I couldn’t make it to the court date, because i’m too far away so they gave him temporary custody. I’m suppose to return her by May 10th. I have not been served papers yet, but it says online if i do not return her then a writ of body of protection will be put on me. Will they get me in Arizona if the court is in Illinois?

Answer:

Since you knew that there was a custody hearing regarding your child and did not appear, they had court without you. At least temporarily, you have now lost custody of your child.

“Too far away..” will not be accepted as an excuse by the IL judge. You will likely lose custody on permanent basis if you do not grasp the seriousness of this situation immediately.

You need to cooperate and return the child; the Order to return her probably does not need to “served.”

I would recommend that you immediately consult with an experienced family law attorney there in IL and consider returning to IL until this matter is resolved.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valleywide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

I’m looking to move out of state with my 10 year old and 5 year old. What would be the best way to present this to a judge?

Question:

I’m looking to move out of state with my 10 year old and 5 year old. What would be the best way to present this to a judge?

I share joint custody with my ex but I have primary physical custody. He frequently cancels visits, and is three months behind on child support. I simply can not afford to live here anymore. My fiancé lives in Texas, which is where I’m looking to move. He has a good job making twice what I make. The fact is, I can give my kids a better life out there with a more promising future. Even when my ex is on time with child support payments, I’m barely getting by, financially it’s just not working here. The plan for Texas was to settle in, get married, and provide a better life for my kids and his son. What is the best way to present this to a judge? Would it be beneficial for us to get married then go before a judge to present a move? My ex has said he will try to stop a move.

Answer:

ARS25-408 reads in part:

A. If by written agreement or court order both parents are entitled to joint legal decision-making or unsupervised parenting time and both parents reside in the state, at least sixty days’ advance written notice shall be provided to the other parent before a parent may do either of the following:

1. Relocate the child outside the state.
2. Relocate the child more than one hundred miles within the state.

So if he is entitled to ANY visitation (unsupervised parenting time) and lives in AZ, if the Decree states ANYTHING about him being allowed to visit with the child, even if the Decree doesn’t say when or how, then you must give him 60 days written notice as prescribed in ARS25-408.

Relocation cases are very hard to win, statistically, they are denied more often then they are granted.

My recommendation would be that you obtain a free consultation from an experienced family law attorney to review the Decree before contacting your ex or moving.

The language in the statute has recently changed.
1. “joint legal decision-making” means joint custody;
2. “unsupervised parenting time” means visitation that does not specifically require supervision;

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

 

 

How do I file abandonment charges against my sons biological father?

Question:

How do I file abandonment charges against my sons biological father?

My son’s father has not seen him in seven years and stopped paying child support over a year ago. How do i file charges on him in Tucson, AZ?

Answer:

If he has not been in your son’s life for 7 years, there is probably nothing to be gained by addressing that issue.

If he has not paid child support in over a year, you should file a Petition to Enforce Child Support. Once you file such and action and serve him with the paperwork, the court will likely incarcerate him if they are unable to get him to comply with the child support orders.

Patrick Sampair
The Sampair Group, PLLC

Offices Valleywide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

My daughter is divorced and having her 5th child. It might be her ex-boyfriends. What rights does the ex-boyfriend have?

Question:

My daughter is divorced and having her 5th child. It might be her ex-boyfriends. What rights does the ex-boyfriend have?

I’m trying to find out what rights the ex-boyfriend has for the child. My daughter doesn’t want anything to do with the abusive  ex-boyfriend, so we are giving the child her maiden name. He is threatening her with all types of legalities, as soon as the child is born. We don’t want him around. Can we legally keep him away? If my daughter won’t let him do a paternity test is that her right?

Answer:

If he is the father, he stands a good chance of being awarded Joint Legal Decision Making Authority (formerly “Custody”) and up to Equal Parenting Time if she is unable to prove that he is not a fit parent.

If he had relations with him around the time the child was conceived and he is requesting a Paternity Test, the courts will Order the parties to submit to testing, regardless of mother’s allegations or wishes.

I would suggest that she meet with an experienced family law attorney to discuss her options right away. The Sampair Group as well as most other family law attorneys here in Maricopa County do not charge for the initial consultation.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

What are my legal rights to leave the state with my three children?

Question:

What are my legal rights to leave the state with my three children?

I have primary custody of my three children ages. We live in Arizona and I need to relocate to Kentucky for a better job. My ex-husband is against the move. He is in arrears with his child support and has never paid the full monthly amount since the divorce two years ago. I need to make this move, because it will mean a higher pay with benefits for my children.I need my parents to help with all of my monthly expenses, because he will not hold up his child support as ordered. What are my legal rights in order to leave the state?

Answer:

You need to give your ex 60 days written notice if you intend to relocate out of state. He has the right to file an objection to your relocation as well as a request to modify parenting time if your relocation would deny him his current parenting time.

ARS25-408 reads in part:

A. If by written agreement OR COURT ORDER both parents are entitled to joint legal decision-making (joint custody) or unsupervised parenting time (visitation) and both parents reside in the state, at least sixty days’ advance written notice shall be provided to the other parent before a parent may do either of the following:

1. Relocate the child outside the state.
2. Relocate the child more than one hundred miles within the state.

The language in the statute has recently changed.
1. “joint legal decision-making” means joint custody;
2. “unsupervised parenting time” means visitation that does not specifically require supervision;

So if he is entitled to ANY visitation (unsupervised parenting time) and lives in AZ, then you must give him 60 days written notice as prescribed in ARS25-408. He may then request a hearing barring you from removing the children, or asking that the children live with him.

Relocation Actions are difficult to win if the father spends time with the child in AZ.

I would suggest that before you give him the required 60 days notice, that you first meet with an experienced family law attorney to determine if it is even a good idea to try.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valleywide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix child custody attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.