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Authority to Hear Support Enforcement Action in Arizona

Posted on : March 6, 2017, By:  Christopher Hildebrand
Authority to Hear Support Enforcement Action in Arizona

Authority to Hear Support Enforcement Action in Arizona A court in Arizona can only hear a divorce if it has jurisdiction to do so. In the past, the court in the county where the couple resided had exclusive jurisdiction. No other Arizona court could rule on matters involved in the divorce, including child support enforcement. […]

Posted in : Arizona Child Support Laws , Leave a comment

Sister State’s Right to Modify Arizona Support Ruling

Posted on : March 2, 2017, By:  Christopher Hildebrand
Sister States Right to Modify Arizona Support Ruling

Sister State’s Right to Modify Arizona Support Ruling Under URESA, a person living in Arizona can ask the court in another state to enforce an Arizona support order. Can that sister-state court modify the Arizona support order? In Ibach v. Ibach, 600 P.2d 1370 (Ariz. 1979) the Arizona Supreme Court considered the issue. Case Facts […]

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Modification of Settlement Agreement in Arizona

Posted on : January 11, 2017, By:  Christopher Hildebrand
Modification of Settlement Agreement in Arizona

Modification of Settlement Agreement in Arizona Couples divorcing in Arizona can draw up their own property settlement agreements and parenting plans. The custodial parent may waive child support. Generally the courts approve these plans, but they are not always obligated to enforce them. Must a court enforce a penalty clause in an agreement waiving back child […]

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Suitable Notice for a Child Custody Hearing

Posted on : January 9, 2017, By:  Christopher Hildebrand
Suitable Notice for a Child Custody Hearing

Suitable Notice for a Child Custody Hearing A parent is entitled to receive adequate notice before a hearing on modification of child custody. Failure to provide sufficient notice violates due process rights. What constitutes adequate notice? Is one day notice sufficient to prepare a defense to a petition for modification of custody in Arizona? In […]

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Child Support in a Bank Account Are Exempt From Execution by a Creditor

Posted on : September 12, 2016, By:  Christopher Hildebrand
Child Support in a Bank Account are Exempt From Execution by a Creditor

Child Support in a Bank Account Are Exempt from Execution by a Creditor Arizona exempts 75% of a debtor’s disposable earnings in bankruptcy. This means the debtor can keep 75% of his or her earnings, calculated after tax withholding. Does this include wages that have already been deposited in the bank? Or only wages that […]

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Non-Parent Lawsuit for Reimbursement of Child Support

Posted on : September 12, 2016, By:  Christopher Hildebrand
Non-Parent Lawsuit for Reimbursement of Child Support

Non-Parent Lawsuit for Reimbursement of Child Support Arizona law requires every parent to financially support their children. If someone else supports a nonpaying parent’s child, the law implies a promise from the parent for reimbursement. Can someone who provided support for a child sue a parent who failed to support the child? Do laches bar […]

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Effect of Denial of Visitation on Child Support Payments

Posted on : September 9, 2016, By:  Christopher Hildebrand
Effect of Denial of Visitation on Child Support Payments

Effect of Denial of Visitation on Child Support Payments Under Arizona law, every parent owes a duty to support their children financially. This is true even if the parent with custody refuses to allow the other parent visitation with the children. What if the noncustodial parent takes the child to another state and sues for […]

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