Law Office of Hector A. Montoya, P.L.L.C.
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June 2020 Archives

Can you stop your ex from moving away with the kids?

Depending on the circumstances, you may be able to. It depends in part on what your arrangements for legal decision making and parenting time are. Ultimately, the court will decide whether the relocation is in the children's best interest.

Do you need help with a domestic violence order of protection?

If you are in an intimate, family, romantic or sexual relationship with someone who is abusing you, you have the right to seek an order of protection. Also called a "retraining order," an order of protection can be obtained after an act of domestic violence or a credible threat. You can file for up to a year after the most recent violent act or threat of violence.

Is military deployment a factor in determining parenting orders?

It can be. In Arizona as in most states, the legal standard for setting up parental decision-making authority and parenting time is that these orders must be in the best interest of the children. When determining what is in the children's best interest, the courts can consider any factor relevant to the children's physical and emotional well-being. 

When can you claim Social Security under your ex spouse's name?

If you divorced after marriage that was 10 years long or longer, you may be entitled to Social Security retirement benefits under your ex-spouse's record. This could occur if you are at least 62 and receiving benefits under your ex-spouse's record would be an advantage over using your own record. You get the larger benefit between the two records, not benefits from both accounts.

How is child support calculated in Arizona?

At least on their wedding day, most couples who get married believe they'll be together forever, but unfortunately, that isn't reality. Many couples will live long and happy lives together. Other married couples will bask in the limelight of marital bliss for a few decades before life takes its toll on their relationship.

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Law Office of Hector A. Montoya, P.L.L.C.

3507 North Campbell Avenue
Suite 111
Tucson, AZ 85719

Phone: 520-719-1767
Phone: 520-743-1797
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