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In some states the moving party isn't allowed to send a certificate of service it has to be done by 3rd person. That's who would sign as witness on the dotted line that " they " put it in the mail. Also any one under age 18 signing anything isn't valid so be careful of that.
Make a few copies of the paperwork that you're filing with the court. Take a copy to the police department in the town that your ex resides in and ask them to serve the papers on him; most police department will do this for a fee, although not all. When the officer serves the papers on your ex, they will send you paperwork indicating that the papers have been served. Once you receive that paperwork, take it to court with you as proof that your ex has been informed of your intention.
You shouldn't need to mail the same paperwork to your fiancé, just have him show up in court with you acknowledging that he agrees with your motion.
Unfortunately, your family can't serve him. They can, however, take the paperwork to the police FOR you and have him served that way.Quote:
Originally Posted by addicted2u143
alright so im getting married this comming february, and my fiance needs to get his custody/ support modified. I have been told that once we are married my income will be taken into consideration as well as his to determine how much support he pays, so we need to jump on the ball and get this done like asap if we can help it before february. (i know we are a little behind!) so the main question i have is it going to be benificial to get a laywer or can we do it alright with a paralegal to do our paperwork for us and move along representing himself? We have not a lot of money, but the concern is that his sons grandparents will hire a laywer for her and we will have the disadvantage. Do we some how scrounge up the money and get a lawyer or will it be better to show that he really is struggling and do it ourselves?
Quote:
Originally Posted by addicted2u143
Some Attorneys are more qualified than others; some States do not allow Paralegals to appear in Court and/or give legal advice. In my State - NY - support will not be adjusted based on a "what if" and will only be adjusted following the marriage and filing for a change.
Where are you?
I am in az, and the change is income and he has another child, when support was established he did not, also we end up having his child just over 50 % of the time which is more than is on paper, she should be carrying insurance on him and has not in who knows how long. When we took him he was a couple years behind in his shots. He as well as her live in boyfriend have been arrested numerous times with him there. There is a list where I think we have a good shot getting the support down and modified custody. As far as us getting married we just want to get this modified before February so my income is not counted.Quote:
Originally Posted by judykaytee
Quote:
Originally Posted by addicted2u143
The site to calculate child support in Arizona is Welcome to the Arizona Child Support Guidelines Calculator I don't like to post sites but it's impossible to give any opinion without a lot of personal information.
As I read Arizona law the "ex" is entitled to go back into Court any time there are significantly changed circumstances and I would be concerned that your Order prior to your marriage will be changed if she decides to file again following your marriage.
As far as support and custody - support is by Statute and only you know the custody circumstances.
If the "ex" is in violation of a Court Order he probably should have taken her back into
Court some time ago, but I'm sure you realize that.
Yes yes he needs a little nudge so we can get this going, and yes I do realize she can go back later and have it adjusted, but we can go from there later, thanks for your help I appreciate it!!Quote:
Originally Posted by judykaytee
Hi I have a question where I have gotten conflicting info and wonder if anyone has more info for me?.
My fiancé is going to file a case to modify his custody time and support for his son of a previous relationship. We will be getting married in less than 2 months. So my question is, if the court case is not finished by tthen( which I am guessing it will not be) will my income count in what they are determining his support to be. Most people that I have spoken to believed it would when we are married, which makes sense in the fact that taxes are filed together along with mostly everything being joint, but he has briefly talked to a laywer who he will have a cunsultation with and most likely handling his case and she said that it does not count. It would be souly determined on his income. So I would have to assume being familiar in law she knows what she is talking about. We are in the state of Arizona. I don't know if it matters I make the money for now... he was just laid off a week ago and is currently looking for work. But we are hoping thet he will have a job by the time he goes to court. If anyone has any input I would love to hear it!
Thanks!
Quote:
Originally Posted by addicted2u143
It's a complicated system - I don't like to just post the site but here it is (only you know the answers to the questions):
Welcome to the Arizona Child Support Guidelines Calculator
I notice you've posted basically this same question before - after I answered. These posts should be combined for ease in other people answering.
According to Arizona law and CS Guidelines only a parent os obligated to pay CS.Quote:
Originally Posted by addicted2u143
A parent's legal duty is to support his or her natural or adopted children. The "support" of other persons such as stepchildren or parents is deemed voluntary and is not a reason for an adjustment in the amount of child support determined under the guidelines.
In any action to establish or modify child custody, and in any action to establish child support or past support or to modify child support, whether temporary or permanent, local or interstate, the amount resulting from application of these guidelines shall be the amount of child support ordered. These include, without limitation, all actions or proceedings brought under Title 25 of the Arizona Revised Statutes (including maternity and paternity) and juvenile court actions in which a child support order is established or modified.
DETERMINATION OF THE GROSS INCOME OF THE PARENTS
Gross income includes income from any source, and may include, but is not limited to,income from salaries, wages, commissions, bonuses, dividends, severance pay,pensions, interest, trust income, annuities, capital gains, social security benefits (subject to Section 26), worker's compensation benefits, unemployment insurance benefits,disability insurance benefits, recurring gifts, prizes, and spousal maintenance
The court should generally not attribute additional income to a parent if that would require an extraordinary work regimen. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours and working conditions.
If a parent is unemployed or working below full earning capacity, the court may consider the reasons. If earnings are reduced as a matter of choice and not for reasonable cause, the court may attribute income to a parent up to his or her earning capacity.
Only income of persons having a legal duty of support shall be treated as income under the guidelines. For example, income of a parent's new spouse is not treated as income of that parent.
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That is great thank you so much for the info! I truly appreciate it!Quote:
Originally Posted by gv70
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