Child Custody

questions & answers

Question: Hello, I am having trouble with my ex to help out with my son economically. He doesn’t see him much except sometimes every other weekend. He doesn’t help with school expenses or clothing I mean nothing I haven’t gone to court but I want to know if I could deny him to see my son if he is not supportive ?

Answer: The law in Arizona is very clear.  Visitation cannot be conditioned on payment of support.  The courts will not permit the child to be used as a pawn to force a parent to pay support.   You do not say if there is an existing child support order in place.  If there is a court order, you have the right to ask the Arizona Department of Economic Security for assistance in collecting support.  Go to:  https://des.az.gov/services/child-and-family/child-support for more information.   If there is no court order, you have the right to petition the court for an order for child support.  You can accomplish this on your own by accessing forms and instructions on the court's website at https://superiorcourt.maricopa.gov/llrc/family-court-forms/.  Another option is talking to a lawyer and providing more information about your particular situation.  There are three programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  You will need to apply for the program and meet the financial need qualifications.  Once qualified, Modest Means will send you a list of attorneys to choose from.  Then, for a $75 fee, you will receive a one hour consultation with the attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not be more than $75 per hour.  The telephone number is (866)  637-5341.  Both Maricopa and Pima County Bar Associations have Lawyer Referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer referral Service offers a 30 minute consult with an experienced attorney for a fee of $40.  The telephone number is: (602) 257-4434.  Pima County Lawyer Referral Service offers a 30 minute consult with an experienced attorney for a fee of $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • Hello, I am having trouble with my ex to help out with my son economically. He doesn’t see him much except sometimes every other weekend. He doesn’t help with school expenses or clothing I mean nothing I haven’t gone to court but I want to know if I could deny him to see my son if he is not supportive ?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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