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Questions Answered by Jay Hall
1 Answer | Asked in Family Law for Arizona on
Q: Who can you file fraud upon the court in family court with? What court would handle this type of petition ?
Jay Hall
Jay Hall answered on Sep 8, 2020

Unfortunately it isn't clear what type of fraud you are alleging. Generally speaking, fraud claims need to be raised in the family court and within six months of the judgment or order procured by fraud. You may want to consult directly with a family lawyer to provide the additional context... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: What does this child support worksheet shall be controlling as to unreimbursed medical expenses mean?

my daughters father is to pay zero in child support. We just recently went to court and the worksheet says zero. I'm responsible for her insurance, im just not sure what that means. Before he was responsible for 50% of un covered medical. Does this now mean he's not responsible for that.

Jay Hall
Jay Hall answered on Sep 8, 2020

It likely means that the proportionate income assigned to both parents will control the division of those expenses, but you may want to review your decree with an attorney to be certain.

2 Answers | Asked in Animal / Dog Law, Divorce and Family Law for Arizona on
Q: Divorce and dogs

I am 20 years old and live with my mother. My dad is going through a terrible divorce with my ex step mom. On December 4,2018 my step mom moved out of the house, leaving both of the dogs behind. I was in love with one of the little dogs and wanted to take it in as my own To live with me at my moms... Read more »

Jay Hall
Jay Hall answered on Sep 8, 2020

You can be joined to the divorce case, but I don't think it will be necessary. If the court orders the dog to be returned, your father will be responsible for performing or defending against the potential contempt remedies.

But the timeline is important here, if the dog was originally...
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5 Answers | Asked in Bankruptcy for Arizona on
Q: Do attorney fees need to be paid in full before they file for bankruptcy in order to stop garnishments?

I am currently with a bankruptcy legal team and fees will not be completed till November. I have been summoned to pay garnishments. I spoke with attorney and they stayed fee needs to be paid in full in order to file Chapter 13 until then can not give cease / desist on my garnished paycheck. Just... Read more »

Jay Hall
Jay Hall answered on Sep 8, 2020

It is up to the individual firm. Many bankruptcy firms will not file your petition until your fee is paid in full. Others do file earlier, but usually those firms ultimately make you pay larger fees after filing.

Depending on what you've paid your current firm, you may consider moving...
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1 Answer | Asked in Health Care Law for Arizona on
Q: Are hospitals legally allowed to deny visitors with a birth of a child?

I thought there was a 2010 federal law passed saying patients have a civil right to choose who can visit. My wife was told that the birth of our first child in August will now be where instead of her mom and sisters plus myself be allowed, they will only allow 1 person and then mentioned I might... Read more »

Jay Hall
Jay Hall answered on Jul 20, 2020

Yes the hospitals are allowed to impose reasonable restrictions during this public health emergency. I haven't heard of any hospital denying all visitors, but I do believe most are restricting it to one visitor and requiring the visitor to pass some medical protocol to enter the hospital. If... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Arizona on
Q: Hello! In Arizona to file a motion for a change of venue what are things I should include and not include?
Jay Hall
Jay Hall answered on Jul 20, 2020

We can't really offer any specific instruction for document preparation. But you can review A.R.S. § 12-406 for general requirements for motions to change venue. Generally speaking, cases involving child custody should be heard in the county in which the child primarily resides. If there... Read more »

1 Answer | Asked in Divorce for Arizona on
Q: my husband committed adultery and we have not been together since. He now wants legal separation before divorce

I live in Az he lives in Ga no children and he owns a moving company

Jay Hall
Jay Hall answered on Jul 20, 2020

It isn't clear what question(s) you have. If he meets the jurisdictional requirements, he can file for legal separation in Georgia. You will want to ask attorneys licensed in Georgia what exactly that would mean for you, how legal separation there compares to divorce, and whether the adultery... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Arizona on
Q: What do you do if someone committed perjury against you in a mediation hearing but, the residing attorney overlooked it

My case was heard in mediation March 2019. I am a touring musician and left the country and area for many months not returning until March 2020. The defendant committed perjury within her memoranda. The residing attorney never read our memorandas in our presence to check for discrepancies. It was... Read more »

Jay Hall
Jay Hall answered on Jul 20, 2020

The unfortunate reality is that litigants nearly always distort or embellish the truth, even in open court while under oath. There isn't any real procedural remedy. Whenever this happens, you can prepare evidence to disprove the allegations contained in the mediation memo.

1 Answer | Asked in Child Support and Divorce for Arizona on
Q: My child support was ordered before I put my boys in daycare. Can I change my Child support to get more help?

2 boys & i only get 400/month well 372/month since i did des child support assistance and they take some off for the service.

Jay Hall
Jay Hall answered on Jul 14, 2020

Childcare costs can be added to the child support worksheet, but it is entirely discretionary. This means it is entirely up to your specific judge. The factors that most commonly affect this decision are the comparative incomes between the parents and the parenting schedule. If parents earn similar... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I’m self representing my case in family law and have no family law background. I’m an MBA. I have to deal with this

Wacky , vexatious litigator as opposing counsel. She filed an IAH on me without telling them I am self representing . She also failed to provide me evidence I requested in discovery prior to filing this injunction as she’s trying to deprive me my constitutional right to write as a noted author... Read more »

Jay Hall
Jay Hall answered on Jul 14, 2020

I can understand your frustration, but frankly nothing you provided sounds unusual. You do not have a constitutional right to publish information about a family law case. Family courts regularly seal records to prevent dissemination of sensitive information. This is explicitly allowed by the... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Is there a law in AZ on how far a parent can live from a childs school?

My ex and I have 50/50 joint custody that we agreed upon in 2017 in mediation, before that I had full custody and he had alternative weekends. I have final descion making. He moved 50 miles away from me/the children's school. I am primary residential parent and have been since 2016 divorce.... Read more »

Jay Hall
Jay Hall answered on Jul 14, 2020

No, there is no law that imposes any maximum distance or commute time. It would be your burden to prove specifically how the commute is detrimental and that the detriment is more significant than any detriment that would result from modification of the parenting schedule. Based only on what you... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My wife wants a divorce, we are in AZ and says if I don’t move out, she will with our 19 month old son. Can she legally?

As of this afternoon, I checked myself into a hotel to calm the situation down in the house. There has been no physical altercations in the place I’ve never been involved.

Jay Hall
Jay Hall answered on Jul 14, 2020

She can move out with the child. While you are married, you have presumptively coequal parenting rights. This means you both have the same right to care for the child and keep the child at your primary residence, etc. As my colleague stated, if you want to ensure that the child is not withheld from... Read more »

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2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I've court on july21 but they still haven't served him this is the second time they have tried to contact him. Whatsnext
Jay Hall
Jay Hall answered on Jul 6, 2020

It isn't clear who you referred to as "they" in your question. If you've unsuccessfully attempted personal service or if personal service is impracticable, you can ask the court for permission to serve by alternative means, as my colleague suggested. It's not clear from the... Read more »

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1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My parenting plan states my ex needs to provide dates for his 2 week summer block by April, but he never did.

Now our vacation dates have overlapped. I am willing to compromise but he will not. The order states in even years he has first choice when they overlap. Since he failed to provide information to me in April, does that nullify his first choice right for picking dates?

Jay Hall
Jay Hall answered on Jul 2, 2020

Based only on the information you provided, it sounds like it would. The court might consider other facts, though, such as whether you already made travel arrangements before you selected your preferred dates. Essentially if there is no cost to you to defer to him even though he's late, you... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: If I have sole legal custody, can my ex take me to court to pay for flight tickets when he comes out to see our son?

Ex has no parenting rights but I allow him to see his child. He is asking that I pay half of all flight tickets to make this happen and has threatened to take me to court if I don't pay

Jay Hall
Jay Hall answered on Jul 2, 2020

Sole legal decision-making is unrelated to parenting time. If he hasn't established parenting time, he can. He also can ask that you be ordered to pay half of the travel costs, including any unaccompanied minor fees. Based only on this, we can't predict whether he'd prevail or not.... Read more »

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1 Answer | Asked in Family Law for Arizona on
Q: Can I file for child support ever if I don't know where my ex wife is .
Jay Hall
Jay Hall answered on Jun 1, 2020

Unfortunately, you will have to locate her. You can use the internet to perform basic searches or utilize a skip trace service for more professional tracking.

1 Answer | Asked in Divorce for Arizona on
Q: When filing for divorce and planning to move out of state, where should one file?

Currently residing in AZ with spouse and 4 children. Moved to AZ from MI in 2017. I am planning to file for divorce but also planning to move back to MI with the 4 children. Should I wait and file in MI so that there are no issues leaving the state if I was to file in AZ?

Jay Hall
Jay Hall answered on Jun 1, 2020

The answer really depends on the anticipated issues in your divorce and your spouse's eagerness to file if you do not. Based on the incomplete information provided, if everything is amicable and your spouse is in no rush to file, you can wait but you and the children will need to live in... Read more »

2 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Arizona on
Q: How do I appeal a ruling I feel isn’t fair due to other parties status in the town I reside in?

Judge put on the court document under findings that “the court has concerns about the health and safety of the child in this case” Child who is almost 14 has endured abuse (physics, mental and emotional) by dads girlfriend for6 years. He then said that everything is based off what the child... Read more »

Jay Hall
Jay Hall answered on Jun 1, 2020

So unfortunately Arizona law requires proof of judicial bias from sources outside of the courtroom. It makes bias nearly impossible to prove. It might make more sense to appeal the merit of the ruling instead, particularly if the judge ignored the cumulative weight of the evidence. This will still... Read more »

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1 Answer | Asked in Criminal Law and Real Estate Law for Arizona on
Q: Is it blackmail at mediation setting to be threatened with a lawsuit if I don't agree to vacate my judge's ruling?

I am supposed to be awarded attorney fees in my case that is still pending, but at a mediation setting on another matter, I was threatened with "they will sue you for breach if you do not vacate your judges ruling?"

Jay Hall
Jay Hall answered on May 27, 2020

The exact context of your question isn't clear, but no it doesn't sound like it's blackmail.

1 Answer | Asked in Family Law, Adoption and Cannabis & Marijuana Law for Arizona on
Q: If I find myself in family court, will the court know I have my medical marijuana card if I don't tell them?
Jay Hall
Jay Hall answered on May 27, 2020

There really is no advantage to concealing this. By statute, the family court cannot draw any negative inference from a valid medical marijuana card. If the opposing party alleges substance abuse, you may be ordered to test randomly for an extended period of time. The card may help preempt that.... Read more »

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