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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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I live in Arizona, my ex and I divorced 8+ years ago 50/50

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I live in Arizona, my ex and I divorced 8+ years ago 50/50 custody of our 2 boys. we set up for reimbursement each quarter of expenses. Seems i ended up carrying the upfront burden and he would push our reimbursement to the last day due. Then a little over a year ago he moved to Texas, looking for work and is behind about $2000. Last I received any money was January, still owes from 3rd QTR 2012. Haven't heard from him in two months and boys don't even hear from him much. I still have one son living with me 100% of the time. I can file a modification of parental time and child support, but I don't know his address and think he is self employed again. I don't have the info needed to complete the form to submit. I'm not sure what to do...
What is your specific question for a legal expert to answer this evening? Thank you.
Customer: replied 4 years ago.
Is there a way for me to file with the state of AZ to request a change to child support ( from just reimbursing me quarterly on his own to being required to actually pay child support - from pay or something) without having is current information? Is address or place of employment? i'm tired of being on his schedule to pay when he feels like it when I now have our youngest son 100% of the time. I have his email and phone number.

Thank you
Did the divorce take place in Arizona?
Customer: replied 4 years ago.
yes - 2005

Then yes, you would file in Arizona. From what you have described, it sounds like you may have two separate issues, enforcement and modification.

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As to enforcement, I mean getting him to pay the monies that are already owed. This would be a relatively simple process and could be handled by filing a motion with the court. The motion would describe what monies have not been paid and then make a request for an order to have him make reimbursement immediately.

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As to modification, I mean changing the custodial arrangement, the amount he pays or how he pays. This would be a bit more involved and would require that you show that there has been a substantial change in circumstances such that the modification should be granted. The substantial change could include his move to another state, spending less time with the children and/or failing to abide by the current order anyway.

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Customer: replied 4 years ago.
Thank you - so far I understand your response regarding the two separate issues.

As for the enforcement - i can file a motion how? Is there a name for it? a form that I can submit online or will I need to go to the court house to submit?

As for the modification - I actually have the form already and partially completed, but is asked me for his information to calculate the child support and I don't currently know it. Can the modification for be submitted with out the Child support worksheet or his full information? I'm not sure how to proceed with this part.

Enforcement - Your clerk of court likely has template documents for just this purpose. Just contact the clerk and ask for a motion for contempt and enforcement for a family law case. And yes, they may have it available online.

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Modification - You might consider filling out the information with your best guess at this time. As part of the process, you are entitled to obtain all of his financial information, this could include paystubs, tax returns, bank statements and the like. Once you have those things, you can better calculate the support obligation.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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