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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12573
Experience:  Attorney experienced in all aspects of family law
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my aunt was married in arizona, had two children, then divorced

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my aunt was married in arizona, had two children, then divorced in arizona 8yrs ago. the childsupport order is in the state or arizona. she is currently resideing in maine & has been for 7 yrs. she has recieved $16.00 in that time for cs payments. he owes $12,000. 1. what steps does she need to take to enforce this order? 2. what motions should she file? 3.does she need an attorney? 4. What percentage of his income should be applied to child support in both states? Arizona and Maine? and last, 5. can the order be transfered to maine? * sorry so many questions i figured i would just get them all out there at once..thank you
Hello there:

1. Where do the children reside?
2. Where does the father of the children reside?
3. What is the extent of the visitation that the children have with their father? What percentage of the time is spent with each parent?
4. how old are the children?
Customer: replied 6 years ago.

1. they live in maine with their mother, the custodial parent

2. father lives in arizona

3. they go for 1month every summer usually in july

4. 97.5% with mother and 2.5% with father

5. 12 boy and 10 girl

Since you had several questions, please allow me to answer them in the order presented.

1. what steps does she need to take to enforce this order?

A. Since the existing order is in Arizona and since the father is still in Arizona, no registration of the order is needed. There are several methods for enforcement, but the easiest is oftentimes to simply open a case with Arizona's Department of Economic Security, Division of Child Support Enforcement. They have lots of enforcement tools--everything from wage garnishment to suspension of his driver's license to criminal prosecution.

2. what motions should she file?

A. If she decided to pursue this on her own, a good place to start is usually with a motion to determine arrears; a motion of this nature will result in a determination of all past due support and penalties; assuming that it is successful, the order resulting from the motion can then be used to enforce the order.

3.does she need an attorney?

A. It is always a good idea when possible, but Child Support Enforcement does most of the things that an attorney will do, just a little bit slower.

4. What percentage of his income should be applied to child support in both states? Arizona and Maine?

A. It depends on a lot of factors, first and foremost the income of the parties and the percentage time spent in each parent's custody, but for two kids close to 100%, it comes to approximately 25% of the parent's net disposable income in both Arizona and Maine.

5. can the order be transfered to maine?

A. With permission of the Arizona court, it can be.

I hope that this helps.
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Customer: replied 6 years ago.

how would she get permission to transfer the cs case? who would be able to make a request of its nature? ifshe enforcesthe order in arizona will she have to travel back there for enforcement or court?

1. Transfer of the case would be by "motion to change jurisdiction and venue".

2. She can make a motion of that nature.

3. Most types of enforcement do not require travel because it is based on an existing order... so there is generally no new evidence or court appearances to be made. The glaring exception is if she sought criminal prosecution, it is possible that she would need to travel back in order to get a conviction, but even that can be avoided sometimes.
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