Legal Question in Family Law in Arizona

what is a establishment hearing

my son i s a minor and the woman who is accusing him of being the father is 21 we did a dna test , the results are not in yet but the court has set up a establishment hearing , what is that ? also the woman is on state provided medical care but she could of got insurance at wk for free. is there something we can do in court about this . is it considered some sort of fraud since she lied to the state about being able to get insurance at wk.i work with her so this is all kinda weird for me.


Asked on 2/26/09, 1:23 pm

2 Answers from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: what is a establishment hearing

The establishment hearing is the opportunity to calculate what your son's child support obligation would be (assuming he is the father of the child). Whether she is committing fraud is outside the scope of the family court.

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Answered on 2/26/09, 1:29 pm
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: what is a establishment hearing

The court must determine the paternity of the father and then, if he is in fact the father, the court will establish child support. This occurs in an establishment hearing.

As for healrh insurance, the court will also determine whether it is appropriate for her to remain under state health care. Sometimes it is too expensive to get work related insurance and if a person's income level is appropriate, the state will provide it for the party or for the child. THis is likely why the state is involved-to determine if the state should be reimbursed for such assistance.

Please feel free to let us know if we can assist you.

Regards

Ronee

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Answered on 2/26/09, 1:36 pm


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