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Tags >> AZ
State:Arizona Question:My wife is an undiagnosed Borderline or Bipolar. She is extremely abusive towards me, and sometimes also rampages at our 1 year old daughter. At this moment she is in the country illegally, but her citizenship papers are in the works. If we divorce, or if in one of her abusive episodes, I call the police.. can she leave out of country with my child, or would I get custody of the child? My child is a citizen.
Question: My ex and I had our child custody agreement in place and signed by a judge before my parent's gp lawsuit went before the judge. Our child custody agreement grants each parent 2 weeks of uninterupted time with child during summer vacation. The GP agreement grants GP's 1 week of uninterupted time during summer as well as one overnight stay in the middle of the week,, every week. My lawyer told me that the parental agreement trumped the GP's agreement during our 2 weeks; in other words, gp's were not entitled to having thier visitation with child for their one night per week b/c that would interupt our parenting agreement. The GAL assigned disagrees with this. My question is this: am I entitled to my 2 weeks of uninterupted summer vacation with my daughter or do I have to accomodate the GP visitation, thereby not really getting uninterupted vacation time? Answer: I would appear that the two orders conflict. Move to consolidate the cases and get a comprehensive custody order for all parties. It would be logical for the GP's custody to no supercede your summer time. However, in most jurisdictions the second order would prevail over the prior order if the judge was aware of the prior order being in place. The GP's visitation order seems excessive when compared to the US Supreme Court case of Troxel.
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Posted by Dads Divorce in refinance , Maintenance , loan , hold harmless , debt , Child Support , car , AZ , automobile , asset , Ask A Lawyer
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Question: My divorce 3 months ago ended in disaster for me. Go figure. Anyway, she was awarded her car in the end. The decree states she is "responsible for the debt of the car and will hold me free from all payments and debt in connection therefrom." If my name is still on the car note, am I not still responsible for the debt? Doesn't she have to remove my name from the loan? Answer: I cannot answer your question specifically to the laws of Arizona as I am not licensed in that State. Generally the family court cannot force someone to refinance a loan (mortgage, car, credit card ect). The parties can agree to refinance or sell in a settlement and the court will sign off on the agreement. I do not see the refinancing of automobiles very often. It is usually the marital residence that is a concern. She is required to hold you harmless from the debt on the loan. If she fails to make payment you can sue her for the payments that you make and any harm to your credit rating. Often you will get attorney fees in this situation.
Question: In our court hearing at the time of our divorce 4 years ago, it was court ordered that my ex-wife work. However, to my knowledge, she has not worked. My children have said that she took care of pets for people for a small amount of time before getting pregnant by a man that she and my children now live with (although she is not married to him). She also went to school to become a Chinese herbalist for a short period of time but has never claimed that she worked doing that. She is considered the main custodial parent. If she is earning income but not letting me know about it, how can I factor this into the current child support I am paying? And if she isn't working, and hasn't worked, as the court ordered her to, how can this also factor into the child support situation? Also, I was ordered to pay spousal maintenance for 12 months after our divorce, however it is still (4 years later) being taken out of my paycheck monthly. How can I successfully address this with the court? Answer: I am not licensed in AZ and therefore cannot answer your question specifically to the laws of that State. First, file a Motion to Quash the Garnishment. Why you did not stop the maintenance three years ago is confusing? You can also file a Motion for Sums Due and Owing and attempt to get the three years of maintenance back from your ex-wife. However, the court could consider the extra payments a gift if you knew that you only had to pay for 12 months, but continued to pay for 48 months without seeking to terminate the payments. With regard to the lack of employment, if her income is used in the calculation of child support you can seek to have a reasonable wage imputed to her. This reasonable wage would be largely based upon her education, prior work history and age. At a minimum the wage would be full time at minimum wage. I have had some success getting even uneducated people with limited work history imputed income at $8.00. If she has a degree you may want to consider a vocational expert to testify. They are relatively inexpensive to retain and I have found them well worth the money.
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