In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... Read more »
Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S...Read more »
Father wants nothing to do with child until paternity is established, I do not want him involved with the child as I have moved on and am with someone whom will assume that role. Can I still collect child support and choose that he not be in the child’s life?
If you establish paternity he will be required to pay child support but he can also assert a right to parent time. 50/50 custody is presumed to be in the best interest of the child but it appears you are in Minnesota and the father may be in Arizona?...Read more »
My brother is 14 y M. My mother and her new husband are verbally degrading him on the regular. I don't know that I have any rights as his sister. CPS has had open cases against them but they take my mother's word. She's a great liar.
You certainly can file a Petition for Third-Party Visitation.
You probably cannot file for custody unless you can prove that (1) your brother considers you to be like a mother to him, and (2) it would be significantly detrimental for your brother to be in the care of your mother or any...Read more »
The judge refused to interview the 16 year old grandson. She stated that minors are not allowed to voice opinion. Then later in the procedure claimed he wasn’t interviewed because no one put in a motion for him to be interviewed. We were totally unaware of this possibility. We feel it is... Read more »
Yes, you can appeal, provided you have not missed the deadline to start an appeal.
But I want to be frank with you because I don't want to see you spend time, money, and energy pursuing something that is not going to get you where you want to go. And I preface this by saying I...Read more »
My daughter was in a car accident ,the other driver was at fault but they offered a low settlement amount but i haven’t never done anything like this before and I’ve just been worried about my daughter . Can i get a lawyer to help me ?
An Arizona attorney could advise best, but your question remains open for two weeks. It could depend on what is at stake and how compelling a case can be made that the case was settled. However, nationwide, many carriers consider settlement terms sealed only after a release has been signed by the...Read more »
Am I required to provide my husband's income in the affidavit of financial information for child support? Will they count his income and reduce bio dad's child support obligation? Legally my husband is only responsible for our 4 children, bio dad should be responsible for our shared... Read more »
Yes, you are required to report it as part of the Affidavit of Financial Information. Under Rule 49(e) of the Arizona Rules of Family Law Procedure, a party in a child support case must complete an AFI that conforms with Form 2 of Rule 97. That form, which is probably what you're filling out,...Read more »
No, two minors who are married with parental permission are not automatically emancipated. A minor over the age of 16 can petition the courts to be emancipated, but they must show that they are capable of living independently from their parents. Your girlfriend will be able to make healthcare...Read more »
The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... Read more »
There is a case between my GF and her ex. My name was now brought up in a hearing, regarding real estate, something I was accused of doing professionally speaking. May I write the Judge to clear my name or somehow file something in this matter?
No. You're not a party. You can't file something in a case in which you are not a party. Further, writing a judge directly is not allowed. Judges can only communicate with parties when both parties are present.
Presuming this is a family law case (e.g., divorce or child custody...Read more »
My father passed away September 2021. He left several items in his will to me, and left many items unresolved in his estate. He lived on property owned by his 10 year long life partner (unmarried). The partner is not allowing anyone on site nor is she answering any requests for specific heavily... Read more »
Unfortunately this happens too often. The life partner probably feels some entitlement and does not want to deal with the fact that she (or he) has no legal right to your father's property. It is concerning that this has been allowed to linger since September, but I your recommend drafting a...Read more »
I was getting a ride from acquaintance . I was sitting front passenger seat of a mini van.
I just got into the vehicle not only two miles down the road the cop pulls him over for making an illegal turn. The vehicle ended up being searched and the cops found a bag carrying illegal... Read more »
Hi I am working as a senior engineer in a reputed company on H1B with a approved i140. It came to my notice that layoffs are imminent in next few months. I started interviewing and cleared a technical manager position interview in another company . Is there any challenge with my immigration H1B... Read more »
If so, where is the case law that I can use in a motion to dismiss?
In a domestic violence case, I was basically wanting to have my ex served and out of my house, I put a restraining order that was not yet served 2 weeks prior. I called 911 twice that night , the cops showed up, my ex was... Read more »
No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.
A Motion to Dismiss is only appropriate where there...Read more »
While all cases are different, the waiver is a standard procedure in Arizona if the parties are in communication. It provides an additional time period beyond the normal Answer deadline for a party to file an answer.
Waiving service saves costs and gives the person answering 60 to respond...Read more »
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