Questions Answered by Rich J. Peters

Q: im 16, i make about 1000 a month, if i try to get emancipated would the judge be ok stay with me paying rent to a friend

2 Answers | Asked in Family Law for Arizona on
Answered on Apr 8, 2019
Rich J. Peters' answer
Your rent and your roommate situation would both be relevant factors for the Court to consider. If your roommate is a good decent roommate than I expect you can sell that to the Judge. If not, then maybe the Judge would consider that a deciding factor. I would need to know more.

Q: How do I get my custody case out of California and transfer here to AZ?

1 Answer | Asked in Child Custody for Arizona on
Answered on Apr 5, 2019
Rich J. Peters' answer
I would need to know a bit more.

1. Where does everyone (each parent, children) live now? And for how long?

2. Are you hoping to deal with custody issues? or support issues? Or other issues?

Tell me a little more, and I can give specific advice.

Q: In my situation (see more info) what are my chances a judge will force my ex to sign IRS Form 8332?

1 Answer | Asked in Family Law for Arizona on
Answered on Mar 21, 2019
Rich J. Peters' answer
I have handled this exact dispute a number of times, and I am confident the judge will Order him to sign the form OR Order him to pay you the difference his filing causes in your filing. If we have to go to Court, it is very possible the Court would also Order him to contribute to any attorneys' fees you incur due to his unreasonable actions.

The Arizona Child Support Guidelines, ¶27, specifically require that all federal and state tax exemptions applicable to the minor children shall...

Q: My wife filed an Order of Protection. How do I get the judge to quash it?

1 Answer | Asked in Divorce for Arizona on
Answered on Mar 18, 2019
Rich J. Peters' answer
You need to file a "Request for Hearing". You can do so at the same Courthouse that issued the Order.

We can help. Please come in soon. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free ½ hour consultations, in which we can discuss your matter in detail.

Please call or email my assistant Maddy...

Q: Is it legal to have to pay two child support orders

1 Answer | Asked in Child Support and Family Law for Arizona on
Answered on Mar 15, 2019
Rich J. Peters' answer
I would need to know more. Are you paying to two different mothers? If so, then YES, there can be two separate child support Orders. If one Mother, there should only be one Order. Are there two states involved?

Send me some more details, and I can provide a better answer.

Q: Ex husband wants 15 and 18 yr old to Uber home from school. I am not comfortable with that, he says too bad.

1 Answer | Asked in Family Law for Arizona on
Answered on Mar 12, 2019
Rich J. Peters' answer
That would make me nervous as a parent as well. Are there other better options?

Perhaps a demand letter from an experienced attorney would convince him to make a more reasonable decision, in the children's best interests.

Please come in soon. We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free ½ hour...

Q: My husband has been having an affair for the past 6 months. I want to file for divorce what do I do?

1 Answer | Asked in Divorce for Arizona on
Answered on Mar 12, 2019
Rich J. Peters' answer
Please come in soon. We can certainly help you consider and then pursue your options for divorce. This is obviously a very important matter, and you should not go in alone. We can then discuss how child support is calculated in Arizona, whether you may be entitled to spousal maintenance (alimony), and how property and debt will likely be divided.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We...

Q: Hello

2 Answers | Asked in Divorce for Arizona on
Answered on Feb 15, 2019
Rich J. Peters' answer
Under Arizona law, you are freely permitted to change attorneys anytime you so desire and for any reason whatsoever. It does happen quite often.

If you choose a new attorney, that attorney need simply needs to file a notice of substitution which alerts the court and the opposing party that you have changed attorneys. Your new attorney within seek you are file from your former attorney. Upon filing a notice of substitution, you knew attorney would also have access to the courts...

Q: My sister& the father of her kids have jointcustody he has the kids my sister got arrested can get the kids

1 Answer | Asked in Family Law for Arizona on
Answered on Feb 13, 2019
Rich J. Peters' answer
Would you be claiming that they are not safe in his care? Or simply that they should be with you during your sister's time? I would need to now more. We can of course assist with either effort.

Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover...

Q: What penalties will there be for a parent with no custody voluntarily going to inpatient rehab while owing child support

1 Answer | Asked in Child Support for Arizona on
Answered on Feb 12, 2019
Rich J. Peters' answer
Under Arizona law, he will continue to old child support even while he is in rehab unless he takes steps. It would be my suggestion that he file a petition for temporary modification of child support. While Arizona law allows mother to pursue child support as if father is still working, I believe he would have a very strong position to think that the court impute no income during his time of Rehabilitation.

We can certainly help him consider and then pursue his options for seeking a...

Q: I want a divorce. I don’t want my spouse draining our savings if I don’t file before telling him. Can he do that?

1 Answer | Asked in Divorce and Family Law for Arizona on
Answered on Jan 24, 2019
Rich J. Peters' answer
Technically, any charges/debts incurred PRIOR to service of the Petition for Dissolution ARE community debts. Technically, he is permitted to spend community funds any time he wants to PRIOR to being served. But, when you add the word "recklessly", I would say that we could pursue our half of any community assets that he attempts to hide or waste after receiving notice of your intention to file but before being served.

There are some steps you could/should take in pre-notice...

Q: How do I find if someone has filed guardianship, POA, or anything else pertaining to me in court

1 Answer | Asked in Family Law, Child Custody and Identity Theft for Arizona on
Answered on Jan 21, 2019
Rich J. Peters' answer
You can check here:

http://www.superiorcourt.maricopa.gov/docket/ProbateCourtCases/caseSearch.asp.

Or maybe here:

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1.

If there is more I can do to assist, please let me know.

Q: Can an ex-spouse petition the court to modify a divorce dissolution where there are no installment payments?

1 Answer | Asked in Divorce and Family Law for Arizona on
Answered on Jan 21, 2019
Rich J. Peters' answer
I would need to now so much more. TYPICALLY, it is very difficult to modify the terms of a Divorce Decree which divides property. What is she claiming is the basis to modify? Did your Father owe her other monies that she is claiming were unpaid?

Also, when was the estate served with her Petition to Modify? Has a timely response been filed?

Please call in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you...

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