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Is there a child support agreement between the state of Arizona and the Country of Mexico?

Question:

Is there a child support agreement between the state of Arizona and the Country of Mexico?

I live in Phoenix, Arizona and my boyfriend lives in Puerto Peñasco, Mexico. I am pregnant with my first baby. Can I file for child support so I can be sure my boyfriend contributes his share?

Answer:

Minimum wage in Mexico is 100 pesos a day, currently about $8.75 US per day. Most unskilled workers in Puerto Peñasco make less than $50 US per week.

If he is a Mexican national, even if he is a skilled worker living in Mexico, it is very doubtful that you would be able to get the AZ courts to order child support for many reasons, including lack of jurisdiction.

However, if he were to be served with child support paperwork while physically present in AZ, you might have some chance of obtaining some sort of child support order, but, even then, if he lives in Mexico, enforcement would be impossible.

If your boyfriend is an American, you may be able to go after him in the AZ courts for child support, however, there is no agreement between the US and Mexico for collecting child support.

The Sampair Group and most other experienced family law attorneys here in Maricopa County offer free consultations, I suggest you discuss the matter with an attorney.

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 the steps taken to file for a divorce without a lawyer?

Question:

What are the steps taken to file for a divorce without a lawyer?

I need to know what steps I need from start to finish in order to divorce my husband that is in a Arizona prison. I live in Mammoth, Arizona and I want to go through the process on my own and not have to go through a lawyer.

Answer:

Maricopa and some of the other counties in AZ have Self-Help Centers at the Superior Courts. You can find the forms you need along with the instructions for completing the forms. I do not know where Mammoth, AZ is, so I have no idea if the forms are provided in your county.

You will not get any kind of legal advice at the county courthouse. In fact, court employees are prohibited by law from giving you any type of legal advice. That can only be obtained from a lawyer. You may also want to look up “Arizona Revised Statutes – Divorce” and read the statutes before attempting to do this on your own.

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 divorce lawyer Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

 

Is it legal to record a phone conversation between child and parent?

Question:

Is it legal to record a phone conversation between child and parent?

Is it legal for one parent to record a call between the other parent and the couples child (age 8)? If neither the parent recording the call gave any notice of the recording to the parent on the phone and the parent on the phone found out it supposedly happened two days after the incident? The child can’t give consent right? One parent is in California with the child and the other is in Arizona?

Answer:

In AZ, it is legal to record a telephone conversation where at least one of the parties being recorded is aware that they are being recorded.

To secretly record a conversation between a child and the other parent is probably a violation of federal law as well as Arizona law.

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/.

Can an entered Decree for Legal Separation be converted to a divorce or do you need to file a new petition for dissolution?

Question:

Can an entered Decree for Legal Separation be converted to a divorce or do you need to file a new petition for dissolution?

If my husband and I decide to do a legal separation and complete the process, for example, our assets are divided and we receive a Decree of Legal Separation that is entered of record. Can it later be converted to a Decree of Dissolution without the filing of a new petition? Or would we be required to file a new Petition for Dissolution and pay the fees all over again?

Answer:

Yes you will need to file a new Petition for Dissolution. You will also have to pay the $321 court cost again too. All of the issues that are resolved in the Legal Seperation will stay resolved, except child support and spousal maintenance can be revisited.

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 divorce lawyer Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

 

 

Is a mediated divorce agreement legal before it is filed with the family court?

Question:

Is a mediated divorce agreement legal before it is filed with the family court?

My husband and I retained a mediator to sort out our divorce. I found the whole process very ineffective as the mediator always took the path of least resistance. The final agreement was unfair and incomplete. Unfortunately I signed the agreement and my intention is to hire an attorney to finalize the divorce. I have since found out that he failed to submit any paperwork to the mediator regarding his salary or the business which we part own..

Answer:

In general separation agreements are enforceable in a dissolution of marriage case. However if you can convince the Court that the division of property is unfair then the agreement is not binding on the Court. With respect to spousal maintenace the Court can likewise ignore the agreement if it finds that it is unfair. The business is a community asset, the division of which may be unfair on it’s face depending upon the terms of the separation agreement. You should immediately seek the advice of an attorney. Do not forget to bring a copy of the separation agreement when you see the lawyer. Many attorneys will give a free consultation. You have a very important and somewhat complicated issue which will need attention immediately.

Good luck!

Patrick Sampair
The Sampair Group, PLLC
623.218.1000
480.636.1333

Click here to read more of Attorney Patrick Sampair’s answer’s on Avvo: Is a mediated divorce agreement legal before it is filed with the family court?