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Roy N. Martin, Attorney and Counselor at Law

Roy N. Martin, Attorney At Law, Roy Martin is a graduate of Johns Hopkins University (Bachelor’s Degree, 1985: Biology, Chemistry, Physics and Math), and of the University of Arizona, (Juris Doctorate, 1996 Magna Cum Laude). Having excelled in law school, graduating 13th in a class of 164, and having served on law review, he chose to practice domestic relations law based on his own personal experience. In his first year of law school, he went through a very difficult divorce. He went back to court to re-litigate custody in his second year of law school. He completed law school while serving as the sole custodian of his two children. He now practices law while raising his children on his own.

(Although Roy Martin is an attorney, he cannot provide legal advice in this Forum. Therefore, the information posted here shall not be deemed legal advice and does not substitute for a thorough legal consultation with a competent domestic relations attorney. Exchanging information with Mr. Martin shall not result in your establishment of an attorney-client relationship with him, nor shall it prevent Mr. Martin from entering an attorney-client relationship with your spouse. Information posted in this Forum is not confidential. Therefore, do not post anything you wouldn't want your spouse, the court, or anyone else to know. Legal information provided by Mr. Martin is specific to the State of Arizona, and shall be presumed invalid in all other jurisdictions.)

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#205053 - 09/25/08 10:21 AM Child support
jdmart Offline
Member

Registered: 09/24/08
Posts: 18
Is it possible to open a child support case in this state when my son resides in another state? My son and his mom reside in IN and we have never went to court for [u]anything[/u]. I want to start a case to establish visitation rights also, but am unsure if that is even possible. My situation is complicated, my son was born in MI and his mom took him w/o my consent to IN and told me I had no rights, so I believed her so we came up with the idea that we would just use verbal agreements, well this has not been working. I have noticed that everything seems to work for her advantage and I would like to get things put into writting. IS it possible for me to start anything here? Any help would be greatly appreciated.

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#205057 - 09/25/08 10:29 AM Re: Child support [Re: jdmart]
BeaverFever Offline
Superstar
***

Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
I think you should talk to an attorney about jurisdiction.

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#205613 - 10/01/08 03:49 PM Re: Child support [Re: BeaverFever]
RoyMartin Moderator Offline
AZ Forum Moderator
Member

Registered: 01/28/06
Posts: 157
Based on what you've described, it doesn't sound like Arizona has jurisdiction. But I would need to know more details to be sure. Feel free to give me a call. I don't charge to answer jurisdiction questions since they're preliminary to knowing whether it makes sense to meet with me. We should be able to figure it out in five minutes.

If Arizona has jurisdiction and you wanted to consult further about the case, I would charge for my time.
_________________________
Roy N. Martin, Esq.
Forum Moderator
(520) 628-8900
http://www.creativedivorce.com

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#213725 - 02/18/09 09:06 AM Re: Child support [Re: RoyMartin]
2000_dad Offline
Member

Registered: 11/27/07
Posts: 16
My understanding is that you can file in either the state you live in or the state the child lives in. That was the choice I had. My ex and I both lived in IL, I then moved to VA and she moved to AZ. I looked at both states to determine which was a better choice. I would look at both states to see what laws are in place for child support.

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#214977 - 03/11/09 08:54 PM Re: Child support [Re: 2000_dad]
RoyMartin Moderator Offline
AZ Forum Moderator
Member

Registered: 01/28/06
Posts: 157
That's not accurate. Much depends on whether the custodial parent has adequate connection to this state for the court to assert personal jurisdiction over him or her. Has he or she "availed himself (or herself) of the benefits and privileges of the State of Arizona"? That's the operative question. Answering it requires analysis of the facts and circumstances of the case.

If there are not adequate connections to pursue the case here, you can file in the state in which the other parent is domiciled.

In collecting child support, one can also request assistance from the Office of the Attorney General, Child Support Enforcement Division. They have procedures by which to cross state lines, typically by contacting and working with the reciprocal agency in the spouse's jurisdiction.


Edited by RoyMartin (03/11/09 08:56 PM)
_________________________
Roy N. Martin, Esq.
Forum Moderator
(520) 628-8900
http://www.creativedivorce.com

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