Legal Question in Family Law in Arizona
I have been divorced for a year and I have a 6 year old son, When my ex and i first filed for divorce we marked joint custody for my son, without my concent he sneaked an x in the decree which made him primary custodial parent. I was unaware of this until i tried to enroll my son in 1st grade in a town 13 miles away where I live. He then took a lawyer and got paperwork to make me keep him in the same schools where his dad lives. Once I found out I didnt have primary custody i realized i could never take this to court and win, my question now is since i work and live 13 miles away and will be transporting my son, is it possible to ask for compensation for driving back and forth? if so, how do I go about it? I have never recieved child support or spousal maitenence even though he makes a considerable amount more than me. I feel the need to ask for it now because i am driving him to school, picking him up and working in between so i usually have to drive up there 3-4 times a day 4 times a week or more.thank you for any advice to can give me.
2 Answers from Attorneys
First of all, you can and should ask the court to reconsider the custody arrangement. What happened to you was what is called "mistake" or "inadvertence"; in other words, you agreed, but you agreed without catching a critical component of the agreement. I would file a Motion for Relief from Judgment based on the fact that you were not aware at the time of the divorce that your ex-husband would have primary physical custody.
Secondly, it sounds like you actually have your son more than his father if you are taking him to school and back every day, etc. If that's the case, you may want to ask the court to designate you as the primary physical custodian, if that's what you are in fact anyway.
Thirdly, you need to figure out exactly (or approximately) how many days a year you have your son versus his dad. Then you can calculate child support and figure out who would pay and how much. Then if he is to pay you can ask for child support to be ordered by the court.
You would be less likely to get spousal maintenance this long after the divorce, especially since nothing you have told me indicates that you would be eligible (e.g., inability to work, unemployment, etc.). Spousal maintenance is designed for a less financially well off partner to get back up on their feet as a single parent.
Best of luck to you! Let me know if there is anything else I can do for you.
You can and should seek a modification to your child support orders. In considering whether child support should be modified, the Court can take into account extra education expenses and transportation expenses.
You should file soon. Every month you wait is a month you lose.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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