ss already changed payee rep for survivors benefits and ssi benefits because CPS approved me to take care of my cousins but the uncle that had them still wants to keep their Child Tax Credits and file taxes for them for the year 2021. Both children have mental health issues and one tried commiting... Read more »
If there is a court order granting the uncle the authority to claim the children on taxes, the best route is to petition the court to modify the order. If there is no court order granting that authority, he may have the right to claim them for 2021 in any event since the children were residing in... Read more »
Child was due 10/13/21, status post viability. Respondent should be held accountable in accordance to Arizona revised statutes child neglect. Respondent chaining to have aborted child legally via services rendered out of state on bases of roe v Wade. This is a direct complaint and the plaintiff is... Read more »
An individual cannot force the State to pursue child neglect charges and is highly unlikely to expend scarce resources to investigate those charges where an individual underwent a medical procedure which was legal in the state in which it was performed.
I do not think you will find much... Read more »
The alleged biological father would need to file a petition for paternity and be DNA tested. If proven to be the biological father the Court can place him on the birth certificate.
I initially was arrested and released on a charge went through the whole court hearings go to sign my plea and the fill in Procecuter says to continue there's something more. So we continue and my lawyer says oh mix up with codefendants case # so scratch that and will continue for next hearing... Read more »
Unfortunately this is standard procedure (at least in Mohave County where I practice, must be the same in Maricopa). The prosecutors can avoid having to prove their case before the judge and can just feed a bunch of nonsense to a grand jury and get an indictment. It's lazy and it SHOULD be... Read more »
This was after having the first trial be dismissed due to prosecutorial misconduct. I did have to be on the registry for 10 years, that is over. Attempted sexual abuse of a child isn't on the list of charges unable to be expunged. Also is there a law about giving the same prosecutor the case... Read more »
I cannot foresee a circumstance where you can get a conviction for sexual abuse of a child expunged. If you need further confirmation, I would schedule a consultation with a criminal attorney who specializes in sex crimes (there are a number in SLC). Attempt just gives the Court the discretion to... Read more »
$20,000 is owed in back child support. The child died two years ago. Today there is levy on bank account and didn’t give a warning or notice or a chance to make a payment.
Absolutely. If they provided notice or warning, the funds could be moved. If you have a child support debt, there are numerous ways the State can recover those funds. Draining a bank account is just one.
My father and his wife own a home. They do not have children together, he has 2 from a previous marriage. His kids have the house deed to his half, and one of her nephews has the house deed to her half. If the wife dies before my father, can her nephew claim possession to his half while my father... Read more »
The answer will depend on whether the deed created a tenancy in common, a joint tenancy, or a joint tenancy with right to survivorship. You should obtain a copy of the deed which transferred the interests and consult with a real estate attorney to determine what rights each party holds.
Before I turned 18 my parents gained full legal guardianship of me as have Autism. They recently divorced around the same time a renewal of the guardianship was due. My father refused to sign it and I just want to know if that revoked all of his legal rights of being my father? My father was very... Read more »
First of all, I hope you are now surrounded by people who love and care for you the way your father SHOULD have loved and cared for you.
As to your question, it depends on whether you remain under your mother's guardianship or not. If you ARE, you should encourage your mother to file... Read more »
She has never given me a bill or documentation to say other wise. She just sent me a message and the amount and dates and said I need to give her the money. Can I refuse to pay
It depends on what is in the court Order. Most of the time parties have 30 days after an expense is incurred to provide notice to the party who is supposed to reimburse them. The reimbursing party then has 30 days to pay. If you have received notice of the bills, it is unlikely she can force you to... Read more »
We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K
You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »
Without the person knowing? For some reason I couldn't finish my question.
Thank you
In an emergency situation it would be possible to obtain a temporary guardianship without the person's knowledge. A permanent guardianship would not likely be granted without having the ward appear before the Court.
I know I need a lawyer to represent me. What does the lawyer do on their part to do this. Why do I need a lawyer to do this. What do they do to get this to go through? It is my first offense. The shoplifting cost I took was $130.00.
Arizona does not expunge criminal records (with the exception of marijuana possession charges and that has occurred in the last year). The arrest will be with you forever. You may be able to negotiate a deferred entry of judgment. Deferred entry would mean that if you stay out of trouble (usually... Read more »
Pleaded guilty but was dismissed in Virginia. Do I have to disclose the misdemeanor in an interview or asked?
Will a dismissed case affect my chances of getting hired ?
Ah, the lawyer's favorite answer: "It depends."
If the question is: "Have you ever been charged, arrested, accused, etc. of a crime (if they either do not specify or specifically mention misdemeanors)?" then you would be untruthful if you replied in the negative.... Read more »
doing to you?
I wouldn't recommend it. Technically, yes, but dead right is still dead. The appropriate time to challenge the legality of an arrest is not mid-arrest.
The answer would have been markedly different in Arizona in 1871 but this is 2021. Law enforcement has Motorola. Even justified use of... Read more »
You should repost this question in landlord/tenant. This is neither a criminal law question nor a personal injury question.
Your recourse is likely going to be filing in small claims court against your landlord. You do not need an attorney to file in small claims. You DO need to have... Read more »
It was cut off for medical reasons
"Ignorance of the law is not a defense."
Someone, at some point, told you that tampering with the monitor could result in additional charges. I wouldn't try telling the Court that your PO said it was okay. I don't see that going well for you.
Grandma always say she is taking the kid away from my daughter, she said she is calling the department of child Care service.
I would suggest your daughter block her mother-in-law's number and let her husband deal with his mother. More to your question, yes, I am sure a claim could be filed. The chance of success is likely around 0%, but individuals CAN sue for practically any reason. Your daughter would need to put... Read more »
I have parent consent and I would just like to know if they are 3 years and 1 month older then me would it be okay to do or is it strictly 3 years and below so I can go get my marriage license with my mom
Three years is three years, not three years and one month. I am going to be blunt. The level of maturity demonstrated with the crafting of this query does not give readers any confidence that you have achieved the necessary life skills to make a decision of this magnitude with or without a... Read more »
We live in Arizona and their dad lives in utah. We've been on the once a month schedule for 5 years. Right now they both are participating in extracurricular activities that effect their grades. I asked their dad if he could skip the September visit and take some additional time in December... Read more »
Document, document, document. Save all the emails and text messages between you and your ex. At that age, the children should be communicating directly with their father on a regular basis. This is not strictly a custody issue (which the two of you should handle without involving the children),... Read more »
Will this affect our custody agreement at all? Is she likely to be changed with anything?
Law enforcement is highly unlikely to be interested in taking your case to the prosecutor and, even if they did, the prosecutor is even less likely to be willing to press charges.
There is even less likelihood that the Court responsible for your family law matter would consider this grounds... Read more »
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