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#424227 - 08/07/08 06:12 AM Need help with modification
melmar Offline
recently joined

Registered: 08/07/08
Posts: 2
So I have been divorced for over 5 years now and I have had sole custody of my son this whole time. The child support has been based off of my income since he went missing during the court hearings. He has not fulfilled the court appointed child class, the supervised visitations, and he's over 6K in arrears (came down from 9K in the past 2 years.) He has not had any contact with my son for the 5 years and only 3 weekends the past year. I have never stepped in the way of this...it's all his choice for not visiting. I did not live in az, but recently moved back. Out of convenience he started calling and the 3 visitation weekends. Again, I have never said you can't see him more often. He lives in another state, but keeps saying that he is moving here. He has said that this past year. I have been planning on moving out of AZ for a job (strictly not related to him moving here. I'm not trying to run from him) but I am scared and nervous to petition the courts for any modifications b/c I don't want to get stuck in Az b/c he springs up and impulsively moves to az to stop me. Any knowledge or advice is greatly appreciated.

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#424228 - 08/30/08 04:47 PM Re: Need help with modification [Re: melmar]
mobyd Offline
journeyman

Registered: 05/23/07
Posts: 60
As long as the father is not harming the child, any contact is good. So good for you by not witholding that because of child support owed.

I believe the state that custody was awarded in has jurisdiction. May want to check their laws.

I know in AZ, you must give 90 days notice before moving out of state. That gives time for the other parent to stop it. At that time you would have to prove that the move was necessary.

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#424229 - 09/03/08 01:22 AM Re: Need help with modification [Re: mobyd]
melmar Offline
recently joined

Registered: 08/07/08
Posts: 2
He hasn't moved yet. as of right now he's been saying for over on year that he is going to move. now its next spring.just found that out after a long weekend. he also threatened to get up and move right away to claim residency to keep me from moving. I just feel restricted from moving if i did want to move for a better job or a cheaper city...while he's just crying wolf for as long as he wants. it just really makes me realize how much he is for himself. how could you not afford to move now, but would quit your job to prevent me from being able to provide more.

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#424230 - 09/17/08 03:41 AM Re: Need help with modification [Re: melmar]
BB77 Offline
recently joined

Registered: 09/17/08
Posts: 2
I am uncertain how to begin a new post: NEW HERE
My situation is that this is 27 mos along, no signature from judge - i am stuck paying mortage on the rental ( where I live) he has moved in with the fiance - not divorced yet, I was a stay at home - prenup in place, no monies comingled, he is sitting on a boat load but collecting unemployment, I make $50 more a month than him - he claims, I pay child support +. I can no longer pay my bills and want to leave this house/ prison. If the judge declared thatI am responsible until the house sells and I stop paying ( it is in both of our names) am I breaking any laws/ facing a jail sentnce??

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