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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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What I've found says that in Arizona child support is not to

Customer Question

What I've found says that in Arizona child support is not to be granted to an unmarried requestor without a paternity test done first to establish a legal father/mother. "Note: In Arizona, if a parent is unmarried, paternity must be established before
child support can be ordered." - from http://azlawhelp.org/viewquestions.cfm?mc=1&sc=10&qid=131 Without paternity testing, without his signature on the birth certificate, without signing a Voluntary Affidavit Acknowledging Paternity, without fitting into the
qualifications of Presumption of paternity, there's still an order for garnishment for support. How can this be? The next step I believe would be to order paternity but is there any recourse for the support already paid if it was paid under false information?
Does a lawyer need to be involved to initiate this or is it best to start with my case manager? In what ways would a lawyer be able to help, and what type specifically am I looking for?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardI suggest you will need to do the following:1 - File a Motion to Vacate the Child Support, using the criteria not being met as a basis.2 - File a Petition for paternity testing at the same time.3 - I suggest a local family law attorney would be beneficial and you should consider at least consultation with one in your area in this regard.4 - You can try to file on your own. The clerk of the court where the Order has been issued may be able to provide you with forms to file pro se. If not, then the pleadings need to be drafted and that is when you would want to have a local attorney at least draft them for you.