Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Is my ex required to provide me with a copy of his medical records and doctors information?

My ex is telling me that he doesn't have to provide me with documents with his doctor's information listed on it, it's basically a letter from his doctor saying that he's unable to work and he said he provided to the courts but he won't give me a copy with the documents he... View More

Rich J. Peters
Rich J. Peters
answered on Feb 4, 2025

If he intends to rely on that documentation and wants the court to review that documentation to make some sort of decision in your child support matter, you must be provided copies. Please Google Arizona Rules of Family Law Procedure "Rule 49" which describes those obligations.... View More

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: Can dad request a modification for child support if I've already submitted an enforcement

I filed for enforcement for child support, dad said he's not working and can't because of medical reasons and has documents (he says) to provide if needed. He informed me that he'll be petitioning to modify child support before hearing to show he's unable to work....what will... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 3, 2025

The modification will not affect your enforcement. Modifications are prospective only; they do not go back in time and adjust any child support amounts from previous months. He will still owes your for any missed child support payments from the past.

View More Answers

0 Answers | Asked in Contracts, Criminal Law, Family Law and Traffic Tickets for Arizona on
Q: Why do lawyers follow codes and statutes and not the constitution?

Art 6 clause 2 states treaties are supreme law of the land yet no lawyers even mention this!!!!!!!

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: In a RMC hearing, can the judge make a final ruling then?or will ur be set for trial
Rich J. Peters
Rich J. Peters
answered on Jan 21, 2025

The Court will only enter orders if agreed upon. Otherwise, the Court will try to see what is necessary to move the matter along, and may ask you about mediation and discovery. If the matter is ready for Trial, the Court may schedule deadlines and Trial.

Once the Court swears you in, if...
View More

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: I don't think I owe my soon to be ex anything

I was a SAHM the majority of our marriage due to two of our children being special needs. There was DV in the marriage. My parents owned a house in AZ and offered for me and my kids to move in in 2015 to get a fresh start. In 2017 I obtained a good steady job. In 2018, their father stopped all... View More

Rich J. Peters
Rich J. Peters
answered on Jan 21, 2025

Because you made payments during the marriage those are technically considered community payments. Thus, since the house was gifted only to you during the marriage , you then were making community payments towards a piece of separate property. Husband can claim reimbursement for "community... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Am I liable to pay repo vehicle cost after divorce when the ex wife was supposed to take me off the title?

Ex wife never got me removed off title of her vehicle after being divorced for 3 1/2 yos. She got the vehicle repoed in October 2024 due to no payment and a second vehicle repoed in December of 2024. She has not made any attempts to make payments and now has asked me for 2 separate down payment... View More

Rich J. Peters
Rich J. Peters
answered on Jan 17, 2025

If wife was ordered to take care of the debt related to the vehicle, then that remains true even now, but unfortunately is only binding upon the two of you. It is not binding upon the creditor who can pursue either of you if you were both on the loan. One option that you have is to file a petition... View More

1 Answer | Asked in Child Custody and Family Law for Arizona on
Q: Ima planning to be a father and this girl wants to have no contact with the baby or custody what papers or do I need to

I'm gonna be a single father and I need papers to ensure she can't just take the baby back or change her mind and she's not pregnant yet

Rich J. Peters
Rich J. Peters
answered on Jan 8, 2025

She can sign a "Consent to Adoption" or "Consent to Termination of Parental Rights". A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence. The consent must be in writing, must be witnessed by two or more credible witnesses OR shall be signed... View More

3 Answers | Asked in Family Law, Tax Law and Elder Law for Arizona on
Q: My common law husband of 20 years died of Covid. The City of Buckeye. Turned off my water to condem my home and evict m

I lost my home of 20 years along with everything in it. Even my dogs.

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2025

I'm sorry for the loss of your husband and your painful ordeal with the condemnation of your home. Something does not smell right here, in terms of aggressively accelerating an eviction and condemnation by turning off water to a resident. Reach out to attorneys in your state to try to arrange... View More

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for Arizona on
Q: Wife took out two Orders of protection, removing me from my home assets and children for the past seven months.

After the order of protection were given to me, I unfortunately, was advised by the courts not to be represented. Lost both and two years of protection have been put over my children. I’ve spent $10,000 on a reputable lawyer only to be almost encouraged to not fight. After snapping out of my... View More

John R Gaertner Jr
John R Gaertner Jr
answered on Jan 3, 2025

I understand your frustration and dismay with the way the "process" has worked out in your case. It is always a good idea to seek out a second opinion in important matters such as these.

1 Answer | Asked in Family Law for Arizona on
Q: I need help getting emancipated. 17+1 month, pregnant and was adopted at 9-10 by abusive nana. Baby father is in picture

I live with my nana and I was adopted at 9-10. Since then I was verbally and physically abused. At now 17 yo and 1 month, I am pregnant and looking to move out. I’m 5 months away from graduating and looking for a job. My baby father/boyfriend has a stable well paying job and is looking for an... View More

Rich J. Peters
Rich J. Peters
answered on Jan 6, 2025

Do you work? You have to prove that you can support yourself. I have a brochure I could send you prepared by the Arizona Supreme Court that describes how that works.

In your Petition, ypu must allege, and then be able to prove, that:

- You are or can be self-sufficient...
View More

2 Answers | Asked in Child Support, Divorce and Family Law for Arizona on
Q: Does substantial income difference between the two parties mean spousal maintenance is required?

I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.

He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 3, 2025

You asked what the "actual grounds" are for spousal maintenance. Arizona's spousal maintenance law is very complex. But here is probably the simplest way to explain it:

First Step: Determine Eligibility

You have to qualify under one of the grounds listed under ARS...
View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What knd of divocre can I get n Tucson?

I need sume help

Rich J. Peters
Rich J. Peters
answered on Dec 13, 2024

Divorces are the same in every Arizona county. Every divorce basically will address the same topics:

1. Legal decision making

2. Parenting time

3. Child support

4. Spousal maintenance

5. Division of property

6. Division of debts

A...
View More

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?

my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 12, 2024

Yes, you can get full custody under those circumstances, but it is far from a guarantee. This is not a clearcut case for getting full custody, but you have arguments you can make that could get you there. A judge is going to be very concerned about what happened with the gymnastics dropoff, but the... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Arizona on
Q: What kind of paperwork do I need to file for divorce in Tucson?
Rich J. Peters
Rich J. Peters
answered on Dec 10, 2024

You need to file a "Petition for Disolution".

You can find Pima County forms and instructins here: https://www.sc.pima.gov/law-library/forms/

This is obviously a very important matter. It is possible and allowed to file your own divorce and complete the process without...
View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Need assistance in interpreting my custody agreement.

Here is what i need interpreted "Father shall provide mother and letter from his provider confirming with his compliance with treatment every 6 months. Father shall also provide counseling and or therapy records to mother every 6 months" I'm trying to figure out this means I have to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

You need to provide the notes. "Counseling or therapy records" is meant to refer to the session records. The proof of attendance is part of the compliance letter your counselor sends.

1 Answer | Asked in Family Law for Arizona on
Q: my husband who had a brain injuries several years back without telling me that he wrote 2 checks

he wrote checks at cu to open up a new accounts for checking ,cd, etc. the account he wrote it on doesnt have funds available. he was not aware that funds werent available. both checks have nsf on them and I just did stop payment on both checks. the cu he opened accts at I am not able to talk to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

You posted in the wrong section. This isn't family law (family is for divorce and child custody).

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Should I file contempt of court? Will it hurt my case?

We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More

Rich J. Peters
Rich J. Peters
answered on Dec 4, 2024

Perhaps a strongly worded letter from an experienced attorney would encourage him to be more communicative.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour...
View More

View More Answers

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do I get arrears child support from mom credited to what I pay monthly now that the kids moved in with her?

Both Kids 12 and 14 have lived with me since birth, I have full custody of them this past September they moved in with her. She was down just under 30k in child support at that time. Im trying to get my monthly payment reduced by offsetting it with what she owes me.

I filed a motion to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

It unfortunately does not work that way, which I know is frustrating and makes no sense. But you have to pay the court-ordered amount for child support every month regardless of what she owes you. Like I said, it makes no sense, but it's the situation you're in. If she's not making a... View More

1 Answer | Asked in Family Law for Arizona on
Q: Good evening I either need probono family lawyer or someone to help me understand what things mean as my ex and I go to

- Court

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

I don't think you are going to find a pro bono family law attorney unless you're using Community Legal Services. Some firms offering coaching (a form of ongoing consults) to people who are self-represented. That might be what you're looking for.

1 Answer | Asked in Family Law and Probate for Arizona on
Q: If you feel the judge isn't making right decisions ..and isn't reading or listening to the facts or enforcing court ordr

Can the judge or court be sued for there actions ..has judged the trustee by the lies from the PR can prove the lies the pr told judge

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2024

Judge has immunity from suit. But you may need to file an appeal from whatever orders were entered. It will be expensive and difficult. Hopefully you have standing as a beneficiary, etc.

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.