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Questions Answered by Rich J. Peters
1 Answer | Asked in Divorce for Arizona on
Q: My wife filed an Order of Protection. How do I get the judge to quash it?
Rich J. Peters
Rich J. Peters answered on Mar 18, 2019

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...
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1 Answer | Asked in Child Support and Family Law for Arizona on
Q: Is it legal to have to pay two child support orders

What rights as a parent do i have

Rich J. Peters
Rich J. Peters answered on Mar 15, 2019

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.

1 Answer | Asked in Family Law for Arizona on
Q: Ex husband wants 15 and 18 yr old to Uber home from school. I am not comfortable with that, he says too bad.
Rich J. Peters
Rich J. Peters answered on Mar 12, 2019

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...
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1 Answer | Asked in Divorce for Arizona on
Q: My husband has been having an affair for the past 6 months. I want to file for divorce what do I do?

Is Arizona still a no fault state? I want to know what would be in my favor financially to make sure my kids and I will be ok?

Rich J. Peters
Rich J. Peters answered on Mar 12, 2019

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),... Read more »

2 Answers | Asked in Divorce for Arizona on
Q: Hello

I have a question about changing judges for an upcoming court hearing on February 25th?

Rich J. Peters
Rich J. Peters answered on Feb 15, 2019

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...
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1 Answer | Asked in Family Law for Arizona on
Q: My sister& the father of her kids have jointcustody he has the kids my sister got arrested can get the kids

My sister got arrested because he hit her and she defended herself but for being evidence of her scratching him to be able run out the house she was detained for assult they have joint custody he has the kids can we her family get the kids from him

Rich J. Peters
Rich J. Peters answered on Feb 13, 2019

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...
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1 Answer | Asked in Child Support for Arizona on
Q: What penalties will there be for a parent with no custody voluntarily going to inpatient rehab while owing child support

Dad with no custody pays child support payment plus back child support payment every month and is wanting to turn his life around for his kids by voluntarily going to an inpatient rehab. He will have to quit his job to go so he wants to know if he will face any penalties for going to rehab because... Read more »

Rich J. Peters
Rich J. Peters answered on Feb 12, 2019

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... Read more »

1 Answer | Asked in Divorce and Family Law for Arizona on
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?

I’m afraid if I tell him before I file he will spend our savings account. I know filing freezes assets. But I also need to tell him soon, perhaps before I’m able to file. I just need to know if he starts spending from our savings account recklessly if he will be required to still pay half the... Read more »

Rich J. Peters
Rich J. Peters answered on Jan 24, 2019

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Identity Theft for Arizona on
Q: How do I find if someone has filed guardianship, POA, or anything else pertaining to me in court

Ex has taken all of my information and done identify theft and opened many accounts in my name. They forged my signature. And tell everyone I’m crazy. There may be a will or trust now

Rich J. Peters
Rich J. Peters answered on Jan 21, 2019

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.

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: Can an ex-spouse petition the court to modify a divorce dissolution where there are no installment payments?

My dad was convicted and sentenced to 80+ years in 2016, his divorce from second wife was final in 2012. She is petitioning the court to remove the clause in their divorce that states my father was entitled to 50% of her retirement that accumulated over their 7 year marriage. She was instructed by... Read more »

Rich J. Peters
Rich J. Peters answered on Jan 21, 2019

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...
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