questions & answers

Question: Son has 3 1/2 yr old daughter living solely w him in Phx, AZ for the past 3 yrs after getting joint custody 3 1\2 yrs ago Parental plan - daughter lives w each parent alternating every 3 mo. Son took daughter to OR after 3 mo. Mother was homeles. Both parents agreed daughter not to stay w her till mother stable. Mother been convicted/2 yr diversion for DV in OR, has made little attempt to contact her daughter and has made no now for over a yr. Son continues to pay child support. Question is - Can the child support order be modified so son doesn't shave to pay it to her? Thank you.

Answer: There are several unknowns in your question that make it difficult to answer.  Was the parenting plan and child support order issued in Arizona?  This is an Arizona legal website that deals solely with questions of Arizona law.  If so, Arizona most likely retains jurisdiction until your son or his ex make a request to change the jurisdiction to Oregon.  Arizona Revised Statutes, Section 25-1225 governs this issue.  It states that if your son, the child or the mother live in Arizona, Arizona would continue to have jurisdiction.  If the original order was issued in Arizona, but neither parent still lives in Arizona, the parties would need to agree to give Arizona continuing jurisdiction.  It would be in your son's best interest to at least consult with an attorney in the state where he lives to figure out his best course of action.