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Questions Answered by Jay Hall
1 Answer | Asked in Family Law for Arizona on
Q: My son has custody she has viisition court ordered. My grand daughter is in cheer competitions she will not take her on

her weekends can we legally refuse for her to go so that she can go to her compeitions

Jay Hall
Jay Hall
answered on Dec 27, 2015

No, you cannot withhold visitation. You need to ask the court to modify the parenting plan to accommodate the child's extracurricular activities.

1 Answer | Asked in Family Law for Arizona on
Q: Is there any legal paperwork I can sign saying that no matter if me and my spouse split that I will not take the child
Jay Hall
Jay Hall
answered on Dec 27, 2015

It's unclear exactly what you hope to accomplish. You and your spouse can create a post-nuptial plan that provides a parenting plan in the event of a divorce. However, these plans may still be overruled by the court if contested, because the child's best interests supersede your right to... View More

1 Answer | Asked in Family Law for Arizona on
Q: Should i sign a affidavit of legally presumed father.i am not the father.she left 6months.state nowlooking for support

She moved to ca.didnt ask me and moved in with another guy which she in a relationship.

Jay Hall
Jay Hall
answered on Dec 27, 2015

If you're not the father, then absolutely do not acknowledge paternity. It doesn't afford you any parental rights by itself and it could bind you to a child support obligation until the children are emancipated.

1 Answer | Asked in Family Law for Arizona on
Q: My husband left but he signed a paper saying that he would pay me 1000 a month and pay my car payment.

Will the court make him live up to the paper he signed? And can I get alimony?

Jay Hall
Jay Hall
answered on Dec 27, 2015

The paper may be an enforceable contract. You should consult with a divorce attorney. If your husband makes more money than you do, you may be able to ask the court to order him to pay your attorney's fees. Without an experienced attorney, your chances of receiving spousal maintenance... View More

1 Answer | Asked in Family Law for Arizona on
Q: My ex husband will not let me see my 17 yr old daughter and there is no custody order what can I do

She doesn't want to live with him can I just go get her and file custody papers

Jay Hall
Jay Hall
answered on Dec 27, 2015

If there is no order, neither of you have superior rights. Unfortunately at this point, filing for custody may be a moot point. The court loses jurisdiction over the child when she turns 18 and it can take several months for the court to make a custody determination.

When she's 18, she...
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1 Answer | Asked in Family Law for Arizona on
Q: My boyfriends ex just got married to a doctor who makes more money than us. Does my boyfriend still have to pay cs?

We also just had a baby of our own. We were also curious as to what age a minor can choose which home he wants to reside in. In Arizona it is 13. What are Georgia's standards? He says he wants to be with us because he doesn't like being with his mom and his stepdad is mean to him.

Jay Hall
Jay Hall
answered on Dec 27, 2015

There is no age in Arizona where a child can decide where to live. Pursuant to Rule 12 of the ARFLP, a child of suitable age and maturity can be interviewed by the court and the court may consider the child's preferences. But this is just a factor and is not outcome determinative.... View More

1 Answer | Asked in Consumer Law and Family Law for Arizona on
Q: My surgeon husband 20yrs stole all money left me just found hstock div, pd to him over $1mill$ &10yr plot ruin me

I've been married to a cosmetic surgeon in AZ for 20 years. 3 years ago he abandon me in 6ksqft home after clearing out all bank accounts and entering my home faking love and stole all my cash $302k from my room (my 24yr old son also saw him). He stopped making all payments so I was told by... View More

Jay Hall
Jay Hall
answered on Dec 27, 2015

It's unclear exactly what you're asking. How can an attorney help you?

2 Answers | Asked in Traffic Tickets for Arizona on
Q: If I got a ticket from a highway patrol for speeding but his lights where completely off can he do that ?

There was also a car going way faster that me in front of me and the officer also told me that can the ticket be fought in court ?

Jay Hall
Jay Hall
answered on Nov 21, 2015

No, you're not excused from your offense simply because someone else was also speeding.

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1 Answer | Asked in Family Law for Arizona on
Q: I need to move out of state, ex has primary custody of our child, is this considered to be child abandonment on my part?
Jay Hall
Jay Hall
answered on Nov 21, 2015

No, parents relocate all of the time. Abandonment refers to when a parent stops supporting the child entirely- no contact, no emotional support, no financial support.

1 Answer | Asked in Family Law for Arizona on
Q: Exwife in Or.has sole custody. She sent our son to me in AZ 9 months ago. Can she just demand him back now?

I need to know what legal grounds I have. She sent him to me from Oregon , because he was getting into trouble in her custody, and needed my help in AZ. He's now doing a great job in my custody, and does not want to leave. I'm afraid if I modify the child support, she'll demand him... View More

Jay Hall
Jay Hall
answered on Nov 21, 2015

She can revoke this arrangement, but you can petition the court to modify parenting time to reflect the new living situation. Be sure to determine which court has jurisdiction before you file.

1 Answer | Asked in Family Law for Arizona on
Q: Can I still get Child Support?

Court Order for child support established 2004. Father was incarcerated in 2008 and in 2009 got the Order reduced down to $0. Father has not paid any support from 2009 to today 2015. Due to financial difficulty my son and I now reside at his fathers house however, we are not in a personal... View More

Jay Hall
Jay Hall
answered on Nov 21, 2015

You can modify the child support order, though the judge may offset the obligation by the expenses he's already covering for you and your child. I understand that his rent remained constant, but rent and living expenses are built into the child support calculator. There also may be a... View More

1 Answer | Asked in Family Law for Arizona on
Q: What legal recourse do I have to keep my mother away from my children when ex allows contact against my wishes?

My ex has been letting my abusive mother with a felony record (who has drugs, guns, and a gang activity in her home) to be around my children against my express wishes. I cut off all contact with my mother 2 years ago. Do I have any legal recourse to stop his letting her around the children?

Jay Hall
Jay Hall
answered on Nov 21, 2015

You can request a no contact order through the Arizona family court.

1 Answer | Asked in Family Law for Arizona on
Q: can someone have custody of grandchildren and get child support if they are disabled and get social security checks

and two of those grand children get social security checks. and two out of five grandchildren are not in her custody.

Jay Hall
Jay Hall
answered on Nov 21, 2015

It's unclear exactly what you're asking, but a custodial parent or other legal guardian is not precluded from receiving child support simply because the children receive benefits. Depending on the precise nature of the benefits, the parent obligated to pay child support may ask the court... View More

2 Answers | Asked in Tax Law for Arizona on
Q: married almost 3 years, I can not find any of his tax records, am I liable for these/his taxes if he never filed any?

If my husband hasn't filed taxes prior to or during our marriage, am I responsible for them now that we are married? His health not good,if he passes away, would I be responsible for his prior taxes, he was getting medical disability and disability ins. from a prior business he once... View More

Jay Hall
Jay Hall
answered on Nov 21, 2015

Presumptively, yes. Arizona is a community property state. However, you may consult with a tax attorney to discuss various privileges that could insulate you from liability.

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1 Answer | Asked in Divorce for Arizona on
Q: I put my wife's name on my house title after a year of marriage is she entitled to anything

we've been married less than a year and she's left me and the house 6 times

Jay Hall
Jay Hall
answered on Apr 27, 2015

Assets generally are considered sole and separate property when purchased prior to marriage. Sole and separate property retains that character during marriage with few exceptions.

This analysis is extremely nuanced though and depends on specific facts of the situation. I would encourage you...
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1 Answer | Asked in Divorce for Arizona on
Q: Can he sue for spousal support and win?

My husband filed for divorce. We separated assets prior to the filing. He is getting the house and the mortgage is solely in his name. We have a motorhome he is getting and the loan is in both of our names. Those are the only two things listed in the divorce paperwork. He agreed to pay the... View More

Jay Hall
Jay Hall
answered on Apr 27, 2015

If neither spouse requested spousal support in the initial pleadings, it may be deemed waived. I would encourage you to consult with a local family lawyer for more detailed evaluation of your case, but from what you provided it seems like spousal support is unlikely.

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