Legal Question in Family Law in Arizona

Custody and support

I FILED FOR SOLE CUSTODY OF MY TWO CHILDREN IN PHOENIX, AZ, I LIVE IN CALIFORNIA.

i OWE BACK SUPPORT DUE TO MY NEGLECT OF NOT TAKING MY EXHUSBAND BACK TO COURT WHEN I HAD MY TWO CHILDREN, NOW THAT WE ARE GOING BACK TO COURT AND I WANT SOLE CUSTODY, MY EX WANTS TO WORK OUT A PARENTING PLAN, WHICH IS GREAT BUT HE SAYS THAT HE HAS TALKED TO A LAWYER IN AZ AND THAT THEY TOLD HIM HE COULD REQUEST THAT MY PAST CHILD SUPPORT BE CANCELLED, THAT I WOULD NO LONGER OWE IT. IS THAT SOMETHING HE CAN DO? I WANT TO AGREE TO HIS TERMS BUT SOMETHING SEEMS NOT RIGHT.

AND CAN WE BOTH REQUEST THAT WE DO NOT WANT CHILD SUPPORT FROM EACH OTHER AND THE JUDGE BE OKAY WITH THAT, OR EVEN ONLY REQUEST $1.00.

plan:

THE 17 YR OLD LIVES WITH ME TILL SHE IS 18, THEN SHE IS ON HER OWN, THE 13 YR OLD GOES BACK AND FORTH BETWEEN FATHER AND MOTHER EVERY OTHER YEAR WITH THE OTHER UNTIL HE TURNS 18

OR

17 YR OLD LIVES WITH MOTHER TILL 18. 13 YR OLD LIVES WITH FATHER TILL THE END OF 8TH GRADE THEN LIVES WITH MOTHER TILL GRADUATION OF SENIOR YR, WHICH HE THEN WILL BE 18

NEITHER PLAN REQUESTING CHILD SUPPORT BY EITHER PARENT, DOES THAT SOUND LIKE SOMETHING that the judge may ok?


Asked on 11/06/02, 2:17 pm

1 Answer from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Custody and support

The parties are free to make their own arrangements in your situation and judges generally encourage parents to agree to visitation becase such matters are difficult to litigate. Your plans re:support and visitation/custody should be fine so long as you reduce it to a signed writing prior to submitting it to the court prior to your scheduled hearing. Please be sure to observe the rules regarding proper capitalization in drafting the agreement.

Martin

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Answered on 11/06/02, 3:34 pm


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