Many people seek answers to their family law questions on the internet. My website has a lot of information and answers to peoples' questions. I have also answered a lot of actual questions from people on Avvo.com. A good example of this family law Q & A is my last answer:
What can I do? She works 10 hour days and leaves him with whoever will watch him.
If there is no order and you were never married to the mother, she has the right to take your son at any time because children born out of wedlock in Arizona are in the sole care and custody of the mother until a court makes an order to the contrary. Therefore, if this is the case you should probably act quickly and file to establish paternity, legal decision making and parenting time.
If there is a court, order, you have to abide by the court order. Either one of you can file to modify the court order, assuming that it has been long enough since the court entered the order.
If you are married and there is not court order, then neither one of you has a superior right to the other.
To see all of my answers on Avvo.com, go here: https://www.avvo.com/attorneys/85013-az-thomas-morton-419854/answers.html
You can also browse answers from many other attorneys.
Arizona has no statute of limitation on collection of child support arrears, but it does have a statute of limitation on collecting spousal maintenance ("alimony") arrears. The statute of limitation is three years past the termination date for the spousal maintenance obligation.
For example, if the court ordered Husband to pay Wife spousal maintenance through June, 2015, the deadline to file any petition to collect any arrears would be June 30, 2018. This does not mean that the statute of limitation will bar collection of payments that are more than three years overdue. For example, if the court ordered Husband to pay spousal maintenance through June, 2012, and Husband missed a payment in June, 2005, and Wife filed her petition to enforce spousal maintenance on June 1, 2013, then Wife’s petition is timely.
This means that people can wait to enforce spousal maintenance, but they cannot wait forever, like they can with child support. However, as a practical matter, it does not make sense to wait to enforce either spousal maintenance or child support until the other party owes tens of thousands of dollars. The larger the amount of arrears, the more difficult collecting the entire amount becomes. A better course of action is to petition the court to enforce support orders before the amount of arrears grows too much, so that the other party begins to make regular, consistent payments.
Thomas A. Morton, P. L. L. C.
2916 N. 7th Avenue, Suite 100
Phoenix, Arizona 85013
If you have a legal issue but aren't sure how to handle it, call Thomas A. Morton, Attorney.
If you've got a problem, let's work together and determine how to help you!
All information on this website is not, and is not intended to be, legal advice. You should consult an attorney for advice regarding your individual situation, as each case is different and contains different facts. I invite you to contact me and welcome your calls, letters and e-mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information until you establish an attorney-client relationship with me.
Attorney Thomas A. Morton is located in Phoenix, Arizona, and serves clients throughout Maricopa County, including Tempe, Mesa, Scottsdale, Glendale, Peoria, Gilbert, Chandler, Goodyear, Surprise, Avondale, Cave Creek, Carefree, New River, Anthem, Black Canyon City, Sun City, Laveen, Buckeye, Goodyear, Litchfield Park, Tolleson, Youngtown, Queen Creek, Guadalupe, Fountain Hills, Paradise Valley, Wickenberg, Apache Junction, and El Mirage.