How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11448
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

In April 2014, the Mother had the State file for Paternity

Customer Question

In April 2014, the Mother had the State file for Paternity and asked for a hearing to be set to determine:
• That I pay all or an appropriate share of past medical care
• That future child support be determined
• That I pay my appropriate share of the expenses of the past support for a period of not more than 3 years prior to the filing of this action and based upon a retroactive application of AZ Child Support Guidelines
• That medical insurance be provided by Mother and/or Father
A hearing was set for Nov. 2014. The Mother did not appear for the hearing and the Court proceeded by default. At the hearing the Judge:
• Established Paternity
• Entered a no past support judgment in favor of the Obligee on this date for the reasons that 1) the Mother failed to appear for the hearing and 2) because I had been incarcerated from 2006-2013.
Then in February 2016, the Mother had the State file again to Establish Child Support (Post Paternity). This time the State requested that:
• I pay future monthly child support
• That I pay all or my appropriate share of the costs of past medical expenses
• That I provide for medical insurance coverage for my son.
A hearing was set for June 1, 2016. At the hearing the Mother appeared and asked that the Petition be withdrawn. The judge dismissed the State's Petition to Establish Child Support (Post Paternity) without prejudice.
Then on June 21, 2016 again the Mother asked to State to file to Petition to Establish Child Support (Post Paternity). This time the State requested that:
• I pay future child support
• That I pay all or an appropriate share of past medical care costs
• That I pay an appropriate share of the expenses of past support for a period not to exceed 3 years prior to the filing of this action and based upon a retroactive application of AZ Child Support Guidelines
• That I provide medical insurance coverage or cash medical support and pay for all or a portion of medical costs not covered by insurance.
A hearing is set for September 1, 2016.
My son's mother and I have never been married and do not have any legal agreement regarding child support. I have always provided for him financially. My son will turn 18 at the end of October 2016.
My son currently lives with his mother and he pays her $50.00 a week for rent.
My son also has lived with his sister for 3 months from August 2015-September 2015 during which time I had given his sister a credit card and told her to use it for whatever he needed (i.e. school clothes, supplies, and food).
I pay the following monthly expenses for my son:
• $52.00 for auto insurance. I bought a truck for him so he can get to work
• $100.00 to the dentist for braces and dental care
• $120 for his cell phone service; 4) $60 for internet service for him at home
• $200 cash which I give to him every month and he gives me a receipt.
I have bank statements which show that I make these payments every month.
Questions:
• Will the judge require me to pay retroactive past support? If yes, how far back can he go?
• Will he consider the monthly expenses that I have paid and continue to pay?
• Will he require me to pay future support even though my son will be turning 18 in October? Or can I be allowed to continue to support him by continuing to make the monthly payments that I previously make?
• Should I file Proposed Resolution Statement and a Disclosure Statement prior to the hearing and have my son testify in court that I do provide monthly support to him?
We have had the same Judge and Attorney General appointed to all of the past hearings. However at the hearing on September 1, we have a new Judge and Attorney General assigned to our case. This concerns me because they do not know our history.
• Can I request to for the Judge that we have had before?
I have no problem with providing for my son financially and have done so in the past. I feel that his mother is trying to make me look like a deadbeat dad, which I am not. I have appeared at all the hearings and filled out and filed all he paperwork that's been requested.
Submitted: 4 months ago.
Category: Family Law
Expert:  LawTalk replied 4 months ago.

Good afternoon Allen,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a personal phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Is your son disabled or unable to provide for himself?

2. Is you son still in high school?

3. Does your son and his mother reside in AZ?

4. When you say that you pay for these things for your son, do you give the money to the mother to pay them, do you pay them directly or do you pay your son?

5. Were you out of prison as of Sept. 1, 2013?

Thanks in advance,

Doug