I Can't See My Kids So I am Not Going to Pay Support

I received a call today from a gentleman that was looking to get started on a divorce.  During the conversation I asked, "Do you and your wife have any children together?"

He promptly replied that he did and that his wife moved to another state about six years ago with the children.  He then told me that since she doesn't let him see the kids he refuses to pay her child support.

This is a real tragedy on a couple of levels.  First that the mother of these children will not let the kids have a relationship with their father.  Unless one or both of the parents is a danger to the child the court wants both parents to be involved.

If you are denying access to the other parent you are doing more harm to your children than you are to your spouse.  Using children as a weapon to hurt the other person is cruel and a bit juvenile if you ask me.

The other thing that is really sad and troubling about the above situation is that since mom won't let dad see the kids he refuses to pay support.  Again, the only person you are hurting are your own kids.  Letting your kids live in poverty just to prove a point is senseless and malicious.

Also it is important to point out that if the court should ever learn that one person is denying visitation to the other person they can and have given custody to the other parent.  The court insists that both parents have access to their children.

By denying parental access or to provide for your kids needs is to invite disaster in court.  The other thing to keep in mind is what kind of example are you setting for your kids.  Do you want them to grow up and mimic this same kind of behavior toward your grandchildren?  

Do the right thing.  Think of the children's well-being first.  Put you kids needs ahead of your petty bickering and your need for revenge. The only one you are really hurting are your kids.

For more information call Discount Divorce & Bankruptcy for a FREE consultation.

The experienced family and bankruptcy document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley, Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley, Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson, Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson, Waddell, Wickenburg, Winslow, Youngtown and Yuma.

Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Email: DiscountDivorce@msn.com

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Support Changes if You Don’t Visit as Agreed

A mother commenced dissolution of marriage matter, with a minor child, in November, 2007. In March and April, 2008, the trail court entered temporary orders, including an order for child support in the amount of $1,665.00 per month, and an order for temporary parenting time to Father of alternating weekends (First Parenting Plan, or “FPP”).

In September, 2008, the parties entered a Rule 69 Agreement, wherein they agreed to deviate from the Guideline calculation for support of $1,665.00 per month, to $300.00 per month, in recognition that Father incurred significant travel expense to travel from his state of residence, California, to Arizona to exercise parenting time pursuant to the FPP.

Thereafter, Father lodged a decree which purported the child support deviation to be “permanent.”Mother objected to the decree, alleging the Rule 69 Agreement did not include a “permanent” deviation. The trail court ordered the parties to arbitrate the final language of the decree. In October, 2009, the trail court adopted a revised parenting plan (“RPP”), where Father exercised parenting time only on “the second weekend of every second month.” On October 30, 2009, after the arbitrated decree had been finalized, but before the trail court entered arbitrated decree, Mother filed a petition to modify child support, alleging Father’s travel expense to exercise parenting time was reduced by entry of the RPP, and that Father did not exercise any parenting anyway. Thereafter, the trail court entered the decree, held child support modification hearing, denied Mother’s petition to modify support, and denied Mother’s motion for new trial.

As Mother argued to the trail court, Mother argued to the court of appeals that Father’s failure to visit the child and travel to Arizona, combined with the reduced parenting time of the RPP adopted at Father’s request), constituted a material change of circumstances warranting modification of the child support obligation. Father argued to the court of appeals that when the trail court entered the decree, it already adopted the RPP and, thus, the reduced parenting time did not represent a change of circumstances existing at the dissolution.

The court of appeals found settlement agreements do not preclude modification of support, custody, or parenting time: Settlement agreements, such as the parties' Rule 69 Agreement, do not preclude the modification of “terms concerning ... the support, custody or parenting time of children.” Ariz.Rev.Stat. (“A.R.S.”) § 25–317(F) (2001). An “order for child support may be modified or terminated on a showing of changed circumstance that is substantial and continuing.” A.R.S. § 25–503(E) (2009).

The court of appeals further found the difference in the anticipated travel costs associated with exercise of the FPP, and the travel costs actually incurred (or not incurred as a result of Father’s failure to exercise the RPP) is a substantial and continuing change of circumstance, which warranted a modification of the child support order, pursuant to A.R.S. § 25–503(E).

The court of appeals held the trail court abused its discretion by denying Mother’s motion for new trial, reversed the denial, and remanded the case for a new hearing on Mother’s petition to modify child support consistent with the court of appeals decision.

Do I need a Process Server?

In most Arizona family law cases you must prove to the court that the other party has been given their copy of the legal documents you filed. The faster you can have this proof filed with the court the better. Most family law cases must be completed within 120 days or the court will dismiss the case for "lack of prosecution".

With that being said typically most cases do not need to involve a process server if the other party is willing to sign that they received a copy of the legal documents. If the other party for example signs an "Acceptance of Service" then that can be used as proof of service. Discount Divorce provides the Acceptance of Service in all cases at no additional charge.

However, if the other party proves to be difficult or uncooperative then one alternative is have them severed by a process server.

What is Service of Process?

Service of Process is when court documents are delivered to the individual to whom the legal document is directed. Service of Process must be served by an individual who is not a party to the case. This may mean handing the documents to the defendant personally or sub-serving to someone in the same household. Once the documents are delivered, the process serving agent must provide proof that the papers were served. This is done through a document call an Affidavit of Service, also called a Proof of Service, which must be notarized in some cases and given to the party who requested service. In Arizona and most states, someone who performs service of process is required by law to be licensed.

Even if a process server does not need to be licensed in the state where you need service, you should keep in mind that a process server is someone who is experienced in serving legal documents efficiently. More importantly, professional process servers are knowledgeable of the legislation surrounding service of process in their state or county. There are several requirements and constraints associated with serving legal documents that vary from state to state, or county to county. If the service is not performed in accordance with the law, this can hinder your case from going forward or result in the dismissal of your case.

Discount Divorce has process servers in all 50 states and in 3,140 counties. We can serve your legal documents almost anywhere in the United States.

For more information visit DiscountDivorcePro.com

Never Married and the Mother of My Child Will Not Let Me See My Kid

An action may be brought to establish the paternity of a child born out of wedlock, to compel the support of the child, and to establish custody and visitation rights. The action may be filed by the mother, father, or guardian where the child resides or may be found. A.R.S. § 25-803.

What should I do if someone I am not married to is pregnant and I want to ensure that she does not give the child up for adoption?

A father (or a person who thinks he is a father) who is seeking to establish paternity and wants to receive notice of adoption proceedings must file a notice of his claim of paternity and his willingness to support the child with the registrar of vital statistics. The notice may be filed before the birth of the child, but must be filed within thirty days of the birth of the child. A.R.S. § 8-106.01 and § 25-812.

Will I have to take a blood test?

In most cases no. However, the court may on its own motion or the motion of any party to the proceedings order blood or DNA testing.

What are my support obligations once paternity is established?

After a finding of paternity, the court shall determine the amount of past support to be paid. The court will not order past support back further than three years from the beginning of the proceeding unless it finds there is good cause. A father may also be ordered to pay the expenses of the childbirth. A.R.S. § 12-809.

What do I get custody or visitation rights?

Custody and visitation can be established through a paternity action by any party other than the state.

For more information contact an attorney or visit DiscountDivorcePro.com