Questions Answered by Rich J. Peters

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...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.