Legal Question in Family Law in Arizona
I was recently divorced in AZ. My wife had several adulterous affairs which broke up the marriage. But AZ court could not take this into account during the divorce trial because AZ is a no-fault state. This was a very stressful and anxious time for me. I underperformed at my well-paying job and was terminated without cause. I am in a specialty career and was unable to find a similar paying job in AZ. There were two places in the US where job opportunities existed at that time. I selected one of them with the agreement that my wife would move to the area. (She had her own reasons for wanting to relocate to this area.) We could, therefore, continue to share child custody 50/50. After I moved, she reneged. So here I am in another state and can only see my children for about 75 days per year. My children need me and I need them. I want to move back to AZ, but I would have to find another career. I am sure I would not start at the top of the financial ladder and would be taking a severe pay cut. But eventually I would improve my earnings.
I know the court can�t tell me where to live and what to earn, but I need to be with my children. And it would be in the best interest of the children to have me in their lives daily. Could I earn less, get a corresponding reduction in child/spousal support in AZ without the court telling me to make more money and continue paying based on my previous salary? Actually, I know the court could do just that. But what would I have to do to convince the court that my making less money and being with my children is more important than my making more money and not being with my children?
1 Answer from Attorneys
There is no way I can help you prepare each and every argument that you would need for a trial in this matter via email. BUT, YES, I BELIEVE YOU HAVE ANALYZED the situation perfectly. I believe some Judges would be easily convinced that this was the right thing, and in the children's best interests, but there is certainly a risk that the other result would occur.
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 Alicia 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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