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Questions Answered by Jay Hall
1 Answer | Asked in Bankruptcy and Divorce for Arizona on
Q: Can my ex-husband file bankruptcy on newly acquired debts after a divorce?

My husband wanted to file bankruptcy, but he heard in the state of AZ that the debts will just be transferred to the other spouse. However, in a divorce, if I convince him to take all of our debt, is he able to file bankruptcy on all of the newly acquired debt? Or is there some law that states... View More

Jay Hall
Jay Hall
answered on Oct 5, 2016

He won't acquire any debt during the divorce. Even if he assumed all of the *community* debt, that's debt he's already responsible for at this time. The family court can't transfer any of your sole and separate debt to him.

He can declare bankruptcy but for jointly...
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1 Answer | Asked in Divorce for Arizona on
Q: with divorce, is it necessary to remain in the state until decree is final.

I meet residency requirements and would file before leaving the state

Jay Hall
Jay Hall
answered on Oct 5, 2016

Yes, you are free to leave the state. However, if you have children, the preliminary injunction will prohibit taking the children out of state without the other parent's consent.

Bear in mind that you may be expected to return for personal appearance at preliminary hearings. You'd...
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1 Answer | Asked in Employment Law for Arizona on
Q: I quit my first full time job with vacation, sick time paid. I did not receive a last check. Am I owed it?

I was not paid for my week of sick pay. Ask bout my sick pay a d why I did not get it was told to wait. Then quit and still did not receive payment for sick. Am I owed for unused vacation as well. I worked passed the 90 day requirement for benefits. It has be over a year now.

Jay Hall
Jay Hall
answered on Jan 25, 2016

No, you're not owed either unless the company has established a provable practice of paying out unused accrued benefits.

1 Answer | Asked in Libel & Slander for Arizona on
Q: Is it legal to place a large sign on your property stating so and so is a child abuser with their picture if it is true?

.

Jay Hall
Jay Hall
answered on Jan 25, 2016

Even if you could *prove* the truth, do you really want to deal with the potential litigation? There are several different theories of liability that could land you in court and, even if you're successful, it could cost you tens of thousands of dollars to defend the lawsuit.

1 Answer | Asked in Family Law for Arizona on
Q: Father does not adhere to the 50/50 parenting time and rarely sees his children. Father's doesn't have rooms for kids

Judge ruled 50/50 parenting time w/ 2 kids almost 2 years ago & calculated child support accordingly. Right before the final hearing, Father gave our eldest daughter to me FT and the followng April, gave me our youngest FT. Both reasons being that his GF didn't want the kids there,... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

Until the order is modified, you adhere to the original order. If he continues to decline his parenting time, that's fine, but you cannot withhold or impose any restrictions not in the existing court order. Let the court handle it.

1 Answer | Asked in Criminal Law for Arizona on
Q: I am 18 year old guy, dating a 14 year old girl. What are we limited too? And in public?

We will have been dating for 7 months when I turn 18. My parents agree and so do hers. And no sexual contact or intercourse is intended. We live in kingman, Arizona

Jay Hall
Jay Hall
answered on Jan 25, 2016

You should stop, immediately. While you can say you'll abstain from sexual contact, it's going to be very difficult to prove should she or someone close to her vindictively report otherwise to law enforcement.

I know it's a difficult situation, but I assure you, the risk...
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1 Answer | Asked in Animal / Dog Law for Arizona on
Q: My ex boyfriend from over 4 years ago is just now trying to take me to court over my dog. What could happen.

My ex boyfriend is trying to take me to court for my dog. We have not been together for over 4 years. My dog has been with me every single one of those years. I take care of her fulltime. I am the one that feeds her, and takes her to the vet for the last four years. He was not involved what so... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

Consult with an attorney. In these cases, it's likely a cease and desist letter from an attorney can avoid any escalation.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I recently made an offer on a condo and the owner now wants to sell to someone else. What can I do?

I recently made an offer on a co-op apartment via email. The owner accepted my offer, also by email. I filed my application with the corporation, accompanied by a check for $100. The owner and I exchanged many emails. I spent a lot of time and effort preparing a purchase agreement. The two of... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

You should consult directly with a civil litigation (contracts) attorney. While it's possible there's an actionable claim here, a contract for real property is not binding without a signature. However, there may be an equitable theory of liability, so please consult with an attorney privately.

1 Answer | Asked in Consumer Law and Family Law for Arizona on
Q: I have had my car 5 years and I pay for everything. However, it is in my ex's name.

I need to know if there is a legal way to prevent him from not signing over the title, as he promised, once it is paid off. I pay for all maintenance, the tag, the payment, everything. He had it refinanced without me on the loan again a few years ago. I don't have contact with him except for... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

You can have him affirm your agreement in writing (via e-mail or text). I'd encourage you to avoid being too obvious. Maybe casually discuss the title transfer process and make a joke about the MVD. Otherwise, if he refuses to honor your agreement, you can still prove the car is yours in court... View More

1 Answer | Asked in Family Law for Arizona on
Q: can the father of my kids have my kids taken off the protection order?

I have a protection order against the father of my kids because he was threatening to kill me and burn down my apartment. also I have the kids under the order of protection. he has appealed it so we have court in a couple of weeks. now he has not physically harmed the kids but I do not trust him... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

Theoretically he can quash the order entirely. To preserve the order, you'll need to prove he's either committed an act of domestic violence or is likely to commit an act of domestic violence. If you want to restrict his parenting time due to concerns, family court is a much better venue... View More

1 Answer | Asked in Employment Law for Arizona on
Q: can an employer have an option for tips on our to go app without giving us any of the tips. is that legal

people tip on the app all the time and my employer tells us that tip money goes to the foundation they have. but none to us and customers are unaware of this also

Jay Hall
Jay Hall
answered on Jan 25, 2016

Maybe this is a silly question, since I'm unfamiliar with the restaurant business, but do servers (and other tipped staff, aside from kitchen staff) contribute to the "to go" business at all?

1 Answer | Asked in Family Law for Arizona on
Q: do all parties participate in a "in camera review"?

Paternity case post decree proceedings. One parent accused of neglecting the child. CPS records ordered released to the childs best interests attorney for an in camera review. Are the other parties and the parents entitled to participate in the in camera review hearing?

Jay Hall
Jay Hall
answered on Jan 25, 2016

Unless otherwise specified, it's generally just the court and/or court-appointed personnel. Otherwise the records would simply be released to the parties.

1 Answer | Asked in Family Law for Arizona on
Q: Court Appointed Advisor misconduct?

A CAA(LMSW) appointed to a paternity case. If its discovered theres a serious conflict of interest, that the CAA knows personally one parties family. And tailors CAA reports to favor that party. It was brought it to the courts attention in writing and the concerns were dismissed. Asked for a... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

Your best bet is to consult with a family lawyer. Without knowing the exact nature of the perceived conflict (knowing the family is probably insufficient), it's difficult to really appraise the case. Most of us offer free consultations, even if you intend to proceed without representation.

1 Answer | Asked in Domestic Violence for Arizona on
Q: can I put a restraining order on my sons dad and his girlfriend?

I have proof of everything they say and do

I have a custody agreement with my son dad who has had no issues with before up until now. my son dad is involved with a gang affiliated married girl who has felony drug charges on her and is currently on probation and they both make threats. im... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

If you can prove the threats, they may support a protective order. I'd be cautious about this, though. Please evaluate whether you truly think it's necessary because if it's found to be needlessly filed, you could be responsible for any costs (including attorney's fees) incurred... View More

1 Answer | Asked in Family Law for Arizona on
Q: i need help getting a annulment on my marriage also me and my sons last names to my maiden and sole custody, please.
Jay Hall
Jay Hall
answered on Jan 25, 2016

Annulments are only available in very limited circumstances. You should contact a family lawyer to discuss whether you qualify and, if not, how divorce may be able to achieve your legal objectives. Most of us offer free consultations.

1 Answer | Asked in Health Care Law for Arizona on
Q: medical should be paid 75% by dad, due within 45 days. Can interest be charged if over a year before pmt in full?

Court paper work states 45 days to be reimbursed to me after pmt.The total due was $820.20 due to me. I attempted to set

up a payment plan with him and he totally ignored it and sent what he wanted. I made payment in full of this amount in four payments

starting 4/22/14 and final... View More

Jay Hall
Jay Hall
answered on Jan 25, 2016

Not unless your order specifically allows it. Generally speaking, your only remedy is to file a contempt action against him when he willfully fails to comply with the order.

1 Answer | Asked in Family Law for Arizona on
Q: Can I get in trouble for not allowing the father see our daughter?I have a order of protection against him.

I'm a victim of domestic violence and Do I have to file for full custody or do I just wait for him to take me to court. It's been about a month and half that he hasn't see our daughter.

Jay Hall
Jay Hall
answered on Jan 25, 2016

If the child isn't named as a protected person on the order of protection, you need to modify the family order or else you could be unlawfully withholding or interfering with his parenting time.

1 Answer | Asked in Juvenile Law for Arizona on
Q: Can you be emancipated between the ages 14 and 17 in Arizona?
Jay Hall
Jay Hall
answered on Dec 27, 2015

Yes, emancipation is possible, but the individual has to prove independence.

1 Answer | Asked in Libel & Slander for Arizona on
Q: The hospital psycologist made a false written accusation about me in my husbands medical records

During the time he was at the maricopa burn center. What can I do about it

Jay Hall
Jay Hall
answered on Dec 27, 2015

It depends what was said. It is unlikely that this was defamatory, but you should consult with a litigation attorney to discuss the situation in greater detail.

1 Answer | Asked in Family Law for Arizona on
Q: Are there Grandparents rights to visit their grandchildren?

My daughter won't let me see my grandchildren.

Jay Hall
Jay Hall
answered on Dec 27, 2015

No, unfortunately grandparents do not have any inherent rights. However, grandparent visitation can be established under Arizona Revised Statute § 25-409. This is an extremely complex area of the law because the parents' positions are given special weight. If you haven't already, please... View More

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