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I am the custodial parent seeking a court-ordered modification to increase child support payments. The non-custodial parent received a significant one-time bonus from a lucrative construction development project about eight months ago. Our existing child support agreement was established through a... View More 
answered on Mar 24, 2025
You have described several reasons that you may be entitled to a child support modification, which are not related to his one time bonus.
Under Arizona law, seasonal or fluctuating income within a year are annualized to determine the average monthly Child Support Income. If this is truly... View More
I have been exercising my parenting time without issues for the past five years, during which my children have flown to me in Washington. Recently, the mother filed an emergency motion that falsely claims the children do not want to fly to WA, leading the Arizona judge to temporarily suspend my... View More
answered on Mar 24, 2025
Did the court enter these orders without even hearing from you ("ex-parte")? If so, then under our rules, you are entitled to a very quick hearing at which point mother would have to prove her concerns. If that hearing has already taken place, please know that temporary orders are only... View More
I lent my ex-husband a total of $48,051, depositing $15,000 on November 4, 2024, and $33,051 on November 14, 2024, directly into his checking account. He promised via text to repay me before leaving the country in January 2025. Since he left, I have made numerous attempts to contact him through... View More
answered on Mar 17, 2025
Before your ex returns you should hire a private investigator to update your knowledge of his assets and income. Next, hire an attorney to file a collection lawsuit and ready it for service upon your ex when he returns. The suit should be filed shortly before his return. This will not guarantee... View More
My wife and I are considering a mediated, amicable divorce, but we will be moving from Arizona to Utah this summer, possibly in August. We have been Arizona residents since 2023 and have two children, ages 9 and 5, with plans for 50/50 custody. We are deciding whether to file for divorce in Arizona... View More
answered on Mar 17, 2025
One of the requirements for filing in Arizona is that at least one of the spouses must be domiciled in Arizona for 90 days. That means you must have lived here for the 90 days prior to filing for divorce with the intent to remain here. You indicate, "We wish to file for divorce soon after... View More
I recently broke up with my girlfriend, and we have a child together. We verbally agreed to share custody, each having half a week with our child. However, she told my sister she wants to take my daughter away from me, which she's denied to me, but she often lies. There has been no formal... View More
answered on Mar 17, 2025
It sounds like it is time to go to Court. It's probably the only option you have right now to protect your parental rights.
What you're going to need to do is file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and get... View More
In 2007, a joint tenancy with right of survivorship deed was recorded, but it was either missing the second page or not signed properly. One of the joint tenants is now deceased. Can this issue be corrected, and what steps should be taken to address the problem?
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answered on Mar 17, 2025
You will need an AZ attorney to search that title and advise. You have not precisely stated what is wrong with the deed and are obviously confused. Getting a correction deed, if possible, requires going back to the original grantor to execute the deed again. That may not be possible, and a... View More
In January 2023, I sold a property and signed a quitclaim deed over to the buyer, which was recorded in February 2023. Recently, the buyer's attorney claimed I need to sign a new quitclaim deed as heir of my mother's estate pursuant to A.R.S. 12-1103(B). There was no estate, recorded... View More
answered on Mar 13, 2025
Presumably your January 2023 sale was handled by a title company and the buyer obtained a policy of title insurance guaranteeing that he was getting clear title to the home. More information is needed to determine what cloud, if any, exists. If there is a cloud, the buyer's title insurer... View More
I own 25% of an industrial property, which I inherited in 2017 after my mother's passing. The property was initially purchased by my parents through a 1031 Exchange before their divorce and before I received my share. An appraisal was conducted in 2023 when my father refinanced the property.... View More
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answered on Mar 13, 2025
If the property was included in your father’s taxable estate when he died, which is likely, then its basis is now date of death value. If you sell you would only need to pay taxes on the appreciation since date of death.
I am in the process of a dissolution with a minor in Arizona. The respondent recently added a small detail in her response, stating that the minor children, who are to be split 50/50 between us, can choose to stay with their mother if they are sick. I have no issues with this addition and am... View More
answered on Mar 12, 2025
Mediation might be a very simple method of reaching a final agreement including this term. Although I do not know who you are meeting with as a mediator, if it is with the court, they are likely to draft a consent decree for your signature at that very meeting. However, one way to avoid mediation... View More
I am a pre-senior and disabled individual facing overwhelming debt, and I am at risk of eviction and homelessness. My payday loans and other bills are out of control, and while I've consolidated my credit card debt with CCCF, I haven't managed to consolidate my payday loans. Last year, I... View More
answered on Mar 6, 2025
Based on your description, it appears you are fighting an uphill battle that you can never win. Consider looking into filing for bankruptcy. But first, please understand that bankruptcy is a very complicated process. It is important that you educate yourself about bankruptcy before jumping into the... View More
I am the only surviving witness to a real estate agreement in Mohave County, AZ, where a father gave his son a piece of land. This issue is part of a civil suit for breach of contract, with the plaintiff claiming that the son was supposed to return the land after one year. I realized my involvement... View More
answered on Mar 3, 2025
This can be complicated. You need to work through the lawyer for one of the parties. You and your testimony will need to be disclosed to opposing counsel and, If the lawyer determines that your testimony is crucial, the lawyer will need to inform the court of a recently discovered witness that he... View More
I am selling an older home in Arizona, and we've had multiple home inspection reports with conflicting results. After reporting inspectors to the Arizona licensing board due to false opinions and inconsistency, we received no help. Recently, our realtor provided one of these reports to a... View More
answered on Mar 3, 2025
In Arizona, both the realtor and the seller have a duty to disclose any information that may be material to a buyer. You can mitigate the impact of negative information by also disclosing positive information or, in your case, disclosing the inspector's reports that did not show anything... View More
My husband and I are in the middle of a divorce, and he is demanding visitation with our daughter. He is unstable and a drug addict, with a history of documented incidents involving his substance abuse. We do not have a formal custody agreement in place, and I have been our daughter's primary... View More
answered on Feb 26, 2025
If you believe your daughter may be harmed if Father exercises parenting time, then YES, you need to seek temporary and/or emergency orders. Such is the quickest manner of getting to see your Judge. OR, perhaps a strongly worded letter from an experienced attorney would convince Father to make... View More
I've discovered that my aunt passed away in 2019 in Yuma, Arizona, and her only child died six months later. She had a trust, which cannot be found, and no spouse or other immediate family exists—only seven first cousins, including myself. Her house and savings have remained untouched since... View More
answered on Feb 25, 2025
In Arizona, if someone passed away more than two years ago and left behind more than $75,000 in personal property or $100,000 in real property, a probate is generally required. This situation is more complex than usual, so I strongly recommend reaching out to a probate attorney who can help you... View More
I was arrested on January 11th, 2025, in Flagstaff, Arizona, for fraud schemes and identity theft, but no charges have been filed. The police seized my phone without a warrant and have refused to release it, claiming they are awaiting a search warrant. It's now February 20th, and I have... View More
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answered on Feb 21, 2025
Generally speaking, the State has 7 years to file felony charges. Given that time frame they can keep the phone for the entire seven years. You can make requests that the phone be returned to you. They should have a warrant by now and if they don't, they might not have probable cause to... View More
A 29-year-old female wants to move to the U.S. to be with her U.S. citizen partner without marrying. What types of visas would allow for a long-term stay? Her previous visa application in 2017 was denied, and she has never visited the U.S. before.
answered on Feb 15, 2025
If she has already applied for a visitor visa and has been denied, it is likely that she will not be able to successfully obtain a visitor visa with a second application. The immigration officer who is reviewing a visitor visa application will look to see if she has either property ownership or a... View More
A 29-year-old female wants to move to the U.S. to be with her U.S. citizen partner without marrying. What types of visas would allow for a long-term stay? Her previous visa application in 2017 was denied, and she has never visited the U.S. before.
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answered on Feb 24, 2025
One option may be an investor visa like E-2 or EB-5. The E-2 is available to nationals from certain countries and allows people to stay in the US long term even with a small investment (eg. $100K). There are about 80 countries on the list. One green card option would be an EB-5 if you could invest... View More
I was not home when an incident occurred involving my emotional support dog and my granddaughter's friend. My granddaughter opened the door while the dog was inside the house, and upon opening it, the dog jumped on the little girl, resulting in her mouth bleeding. It's unclear if it was a... View More
answered on Feb 14, 2025
This sounds like a nuisance lawsuit. I recommend reporting this claim to your homeowners insurance carrier. They will hire a lawyer for you to defend. Your lawyer will be an experienced insurance defense lawyer and will get all medical and other records to properly evaluate this claim.... View More
And receiving a one time insurance settlement? It seems illogical to set up a permanent conservatorship for 18 months worth of time.
answered on Feb 7, 2025
Generally speaking, in Arizona, a temporary conservatorship or a trust can be set up instead of a permanent conservatorship for a minor receiving a one-time insurance settlement. Since the minor is 16 ½, a permanent conservatorship for just 18 months may be unnecessary.
Alternative... View More
We planned on getting married in Mexico and in the USA. With president Trump in office how difficult could this be? We're now thinking about marrying in the USA first being afraid that President Trump may start pulling Visa's and enforcing more deportations. Thank you
answered on Feb 7, 2025
A United States citizen can marry her boyfriend and apply for her boyfriend’s green card as long as the boyfriend entered with permission. This is true even if the boyfriend is an overstay. Immediate relatives are given the largest immigration privileges under US immigration law. I seriously... View More
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