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Arizona Questions & Answers
1 Answer | Asked in Divorce, Estate Planning and Tax Law for Arizona on
Q: Can a Trust decide its distributions aren’t community property even when taxed as non passive K1 income & filed jointly?

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 »

Ilene L McCauley
Ilene L McCauley
answered on May 25, 2022

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 »

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can you claim child support but choose for the father not to have any rights to the child?

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?

Mike Branum
Mike Branum
answered on May 25, 2022

The short answer is no.

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?...
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1 Answer | Asked in Child Support for Arizona on
Q: My child is 17 and just graduated high school, does Az child support end now since she graduated high school?
Stephen M Vincent
Stephen M Vincent
answered on May 25, 2022

No. Child support ends when two conditions are met (1) the child turns 18 and (2) graduates high school. Only one of those conditions are met. Therefore, child support continues until she turns 18.

1 Answer | Asked in Child Custody for Arizona on
Q: How can I obtain visitation rights or joint custody of my brother?

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.

Stephen M Vincent
Stephen M Vincent
answered on May 24, 2022

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...
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1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: Can grandparents appeal a judgement removing all visitation of their grandson?

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 »

Stephen M Vincent
Stephen M Vincent
answered on May 24, 2022

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...
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1 Answer | Asked in Child Support for Arizona on
Q: So if someone got arrested for code 25-681 in az the amount set is not a bond but what the person owes and won' t be ref
Stephen M Vincent
Stephen M Vincent
answered on May 23, 2022

Your question cut off ...

But the amount set is not a bond; it is a purge. The Court will determine the amount of the purge, usually it's a portion of the total amount owed.

A person arrested under ARS 25-681 is being held under "civil contempt." The key with a civil...
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1 Answer | Asked in Car Accidents for Arizona on
Q: I was in a accident they other insurance company offered me money i said yes not knowing what to do can i get a lawyer ?

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 ?

Tim Akpinar
Tim Akpinar
answered on May 22, 2022

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 »

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Question regaeding affidavit of financial information for child support case.

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 »

Stephen M Vincent
Stephen M Vincent
answered on May 22, 2022

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 »

1 Answer | Asked in Family Law for Arizona on
Q: Do two minors automatically become adults by law, if married at court with parental consent?

I’m 17 and my girlfriend is 16, we have parental consent for getting married, we are just wondering if we legally become Adults when married, also she is pregnant.

Mike Branum
Mike Branum
answered on May 17, 2022

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 »

1 Answer | Asked in Probate for Arizona on
Q: If someone has power of attorney over me at 21 can I move to another state with some friends without their consent?

Can I as a legal adult be forcibly removed and will my friends get in trouble?

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

You put this in the categories. This is not a contracts, criminal, or family law matter. It's something that would be better asked of a probate attorney.

Is your power of attorney revocable? If it is, you should revoke it. Again, that is something you should discuss with a probate...
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1 Answer | Asked in Family Law, Domestic Violence and Civil Litigation for Arizona on
Q: Can i file civil lawsuit to perpetuator of sexual child abuse Az 13-3019 A.2 even it is already under investigation?

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 »

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.

Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you...
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1 Answer | Asked in Family Law and Civil Litigation for Arizona on
Q: My Name was brought into a case, can I add my side of the story?

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?

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

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...
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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: A decedent passed in September 2021. Their life partner is not allowing and desendants on the property for willed items.

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 »

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 15, 2022

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 »

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2 Answers | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Q: As passenger in a vehicle should I be held accountable for something that was found in the vehicle during a traffic stop

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 »

Andrea Short
Andrea Short
answered on May 9, 2022

The simple answer to your question is to have a consultation with a lawyer and eventually hire a private defense firm to represent you.

This is very important because it is very common that situations like this happen and you are going to want private attention with a lawyer who is there...
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1 Answer | Asked in Immigration Law for Arizona on
Q: Senior engineer applying for engineering manager position

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 »

Adan Vega
Adan Vega
answered on May 5, 2022

You should consult in private with an experienced immigration attorney to assist you with this matter.

Good luck to you.

1 Answer | Asked in Criminal Law for Arizona on
Q: I was arrested for theft by fraud , but wasn’t charged .They confiscated cash from my paycheck I had can I Get it back
Andrea Short
Andrea Short
answered on May 5, 2022

Hello! Getting arrested for fraud/theft is always going to be a sticky situation because there are so many factors that will contribute to the type of legal advice I can give.

First and foremost, I recommend speaking with us to have a free consultation so we can go over the specifics as it...
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1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: Can you get your case dismissed in Arizona before trial if you can prove the other party had a motive to fabricate?

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 »

Stephen M Vincent
Stephen M Vincent
answered on Apr 30, 2022

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...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: I purchased property in Arizona paid cash have the receipt but now she refuses to quit deed it.

I have the receipts as well as a quit deed copy that was emailed to me but not notarized. She now refuses to go to the county the county and put this land in my name what can I do

Sean Woods
PREMIUM
Sean Woods
answered on Apr 29, 2022

The details of this case are necessary to provide specific answers. However, generally, the chain of title should be recorded with the County's Recorder's Office.

In this situation - when the seller refuses to transfer title - you typically would file an action in the Superior...
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1 Answer | Asked in Contracts and Civil Litigation for Arizona on
Q: so if a case is 12k and the attorney wins under ars 12-341.01 what will the award possibly be? if the case was lost.
Sean Woods
PREMIUM
Sean Woods
answered on Apr 29, 2022

Unfortunately, there are no easy answers here. I assume you are stating that the opposing party won. ARS 12-341.01 applies to attorneys fees in Breach of Contract cases.

If your case was a breach of contract case, you lost, and the opposing party is ordered as the prevailing party, then...
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1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Arizona on
Q: I received a civil lawsuit complaint &waiver of service summons form & not sure if I should sign it. I need assistance.

I am not sure if I should sign the waiver because I haven't had time or money to get legal advice. I already filed an answer denying the complaint saying I went to court for this incident.

Sean Woods
PREMIUM
Sean Woods
answered on Apr 28, 2022

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...
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