Child Support

questions & answers

Question: My husband was married 13 years ago, was going back and forth to school from yuma to Tucson. He acme home one weekend and his then wife filed for divorce said he abandoned her and the baby. But yet told him she cheated and the baby wasn't his. Her and her family kept the baby from him and filed a restraining order on him. It's been 13 years we have searched for her and his possible son. There last known location is Yuma Az. How do we go about having her served . He is now being hit for child support and $40,000? We need Answers. He wants to know is it his son and if not ??? please help

Answer: The law allows someone in your husband's situation to file a paternity action in Arizona Superior Court pursuant to A.R.S. Sections 25-804 and 25-806.  You would need to serve the papers on your ex according to the court rules.  In a situation such as this, the court normally orders DNA testing to determine paternity.  You can find the forms online at the Superior Court's website in the self-service center.  Go to: https://www.azcourts.gov/selfservicecenter/Child-Support-Family-Law/Family-Law-Forms/Paternity.   Because quite a bit of money is at stake, you may want to get some advice from a lawyer.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County 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 $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • My husband was married 13 years ago, was going back and forth to school from yuma to Tucson. He acme home one weekend and his then wife filed for divorce said he abandoned her and the baby. But yet told him she cheated and the baby wasn't his. Her and her family kept the baby from him and filed a restraining order on him. It's been 13 years we have searched for her and his possible son. There last known location is Yuma Az. How do we go about having her served . He is now being hit for child support and $40,000? We need Answers. He wants to know is it his son and if not ??? please help

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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
    Link

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