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Arizona Questions & Answers
1 Answer | Asked in Personal Injury for Arizona on
Q: Court’s decision that I’m not at fault was not accepted as evidence by arbitrator. Is this legally erroneous?

The rulings with respect to evidence was unfair, deprive due process rights. The arbitrator’s decision; I’m 80% at fault other party 20%. It’s legally erroneous.

Tim Akpinar
Tim Akpinar answered on Jun 12, 2021

An Arizona attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to an attorney to review. They're likely going to want to review both decisions to make any kind of meaningful determination. There's a tab above (Find-a-Lawyer), or you... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: My child is 17 moved out and is demanding her child support go to her directly.

I did not approve her to move out but she will not come home.

Peter W Davis
Peter W Davis answered on Jun 11, 2021

Arizona child support does not belong to the child. It is not her right to receive it, though the other party could potentially file a modification to change or reduce it. Further, in certain cases where the State is involved, if the child is out of the house the child support paid can be... Read more »

1 Answer | Asked in Divorce for Arizona on
Q: How long does it take to get divorced?
Peter W Davis
Peter W Davis answered on Jun 11, 2021

That is not easily answered as there are a number of reasons that a case can take time. The fastest you would be able to get a divorce is 60 days in Arizona as there is a statutory "cooling off" period, meaning a judge can't sign an order until 60 days after the other party is... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: I'm 30, and 10 years ago I found out that my mother knowingly committed paternity fraud

My mother knowingly put the wrong man on my AZ birth cert. My "father" did not know about this, but does not intend to pursue any action, and does not mind staying on my birth cert. For 10 years I have attempted to figure out who my bio father is using DNA testing, since my mother will... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

I'm not aware of any case like yours nor could I find any when I searched on Westlaw. I believe, though, that your situation would be governed by A.R.S. 25-803, which determines who has standing to bring a paternity action. 803(A) lists who can bring a paternity claim for a child, but 803(B)... Read more »

1 Answer | Asked in Tax Law for Arizona on
Q: Can a US citizen not pay taxes in protest?
Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

The First Amendment does not allow you to avoid paying taxes.

1 Answer | Asked in Family Law for Arizona on
Q: child suport case start over twenty years ago in ND who has no statue of limitations and I move to SD with no max

SD has no max so is my diver license safe?

Also are there covid laws in SD to protect my license?

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

You asked this question to Arizona, where it seems like you intended to ask for South Dakota.

If you intended Arizona, North Dakota could ask AZ to enforce. AZ does not have a Statute of Limitations for enforcing child support, and losing your drivers license is a potential consequence in AZ.

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I file for child support?

My daughter was born on 11.05.2020. She will now be 7 months in 4 days and her father has yet to even have met her. He is fully aware of her and has been aware of her since I was 5 weeks and 3 days pregnant. I constantly send him updates and pictures but nothing. He has literally done nothing for... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

The risk you run filing for child support is that he files to establish legal decision-making and parenting time. Arizona law starts with the presumption that parenting time should be equal, but the Court will order something other than equal parenting time if you can show that a different order is... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: Would there be original paperwork, including papers that were served upon defendant, signed documents, etc… on file at

The court if one party is claiming the other signed and relinquished their rights of a child and they were granted full custody??

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

We'd need more information, particularly what relinquishing means. When people typically mention "relinquishing" they can mean one of two things:

1. A parent severed all rights to the child, including that they would no longer be legally recognized as the parent of the the...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Arizona on
Q: I have a small company and I want to manage/invest my clients' money; charing no fees. Are there any legal hurdles?

I want to be able to advertise that I will return a percentage per year on the investment. No fees.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 9, 2021

It depends on the type of business you have. You will need a license and registration with agencies.

Consult with an attorney.

2 Answers | Asked in Estate Planning for Arizona on
Q: How do I add a family member to my deed as joint tenancy w/right of survivorship. House is free and clear.
Ilene L McCauley
Ilene L McCauley answered on Jun 9, 2021

There are many ways to own property. Joint tenancy with rights of survivorship is the least efficient from an income tax perspective. You may also need to file a gift tax return if the value you are transferring is more than $15,000. Finally, if the family member ever has financial or legal... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arizona on
Q: Where can I find an experienced family defense lawyer for my dcs case

My boys are in dcs custody. They were taken while n the care of another. With false aligations. What do I do.

Stephen M Vincent
Stephen M Vincent answered on Jun 9, 2021

I don't handle DCS cases, but I can refer you to some attorneys who do. Feel free to give me a call, and I'll pass their names and numbers along.

1 Answer | Asked in Family Law for Arizona on
Q: I had an order of protection against me she is pregnant and the baby is due in august what can I do
Stephen M Vincent
Stephen M Vincent answered on Jun 9, 2021

This is too complicated situation for you to simply receive an answer here. You have options, but each option carries some significant risk. I recommend you consult with an attorney, let them review the Order of Protection, hear your history with this woman, and then they can advise you of what you... Read more »

2 Answers | Asked in Bankruptcy for Arizona on
Q: I live in low income housing. Do I have to count that as income when filing Chapter 7?
Timothy Denison
Timothy Denison answered on Jun 9, 2021

Yes. You must also include the subsidized portion.

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1 Answer | Asked in Copyright for Arizona on
Q: Plaintiff restricted from deposing Defendant.

I am a pro se Plaintiff in a federal copyright case. The Judge is denying me the right to depose the Defendant (an entity) under Rule 30(b)(6). Is this allowable? How is it that I can be restricted from deposing the other party?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 8, 2021

Looks like you need to consult with an attorney.

Deposition is a procedural technique, and you need to follow some protocols, so check what the process is and make sure you are following it.

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Arizona on
Q: Do I need a lawyer to represent me for a class two misdemeanor boating violation in Arizona?

I had no idea it was a criminal offense to let the kids sit on the transom on the back of the boat. This is crazy. Suggestions?

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

In terms of suggestions, one option as a starting point is to reach out to a criminal defense attorney in Arizona for an initial consult to discuss the most sensible and cost-effective options, based on the violation. You're correct to include Admiralty - Maritime. But given that you are in... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: In Arizona, is it legal to make a server pay for unpaid bills from walk-outs?

In situations where it's not due to gross negligence nor is it intentional can servers be forced to pay? Assuming there is no written consent, when can servers be held financially responsible?

Rhiannon Herbert
Rhiannon Herbert answered on Jun 1, 2021

Under the Fair Labor Standards Act, it is unlawful for your employer to deduct unpaid bills from your pay (or otherwise reduce your pay) if this would result in your hourly wage falling below minimum wage. If your server hourly rate + tips does not equal at least your state's minimum wage per... Read more »

2 Answers | Asked in Criminal Law for Arizona on
Q: Did my rights need to be read in this situation?

recently i was riding a dirtbike on the road doing wheelies my bike stalled and they ran to me and got me put me in handcuffs and in back of cop car I was later let go about 40mins from back of the cop car with 3 tickets but never read my rights does that matter at all in that situation at first... Read more »

Brian C. Soto
Brian C. Soto answered on May 30, 2021

Miranda rights are an advisory of certain rights police are required to inform a suspect of before conducting a custodial interrogation. Custodial interrogation is based on a totality of the circumstances, but in short it occurs when police ask investigatory questions of a suspect who police have... Read more »

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2 Answers | Asked in Divorce and Real Estate Law for Arizona on
Q: Can a mortgage be refinanced against divorce decree agreement with both parties in agreement to do so?

Decree says I get the house once I'm financially able to refinance. Ex decided he wanted the house and I agreed he can have it. He tried refinancing but was having issues because of the decree. Is there a way to change the decree?

Peter H. Westby
Peter H. Westby answered on May 29, 2021

Your Decree can be modified by stipulation provided both former spouses agree. I recommend that one of you hire a family law lawyer to assist with this modification.

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1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Arizona on
Q: Is this pediatricians encouraging parents to violate cp laws?

"Mink says pediatricians should ask parents to video-tape the episodes before performing invasive and often expensive tests that could be unnecessary."

Um.... Doesn't us code 2252 and 2251 prohibit people from recording their children engaging in these types of activities?... Read more »

Mike Branum
Mike Branum answered on May 28, 2021

If a pediatrician asked a parent to videotape a behavior for diagnostic purposes, I believe a court would find such recording an exception to any law prohibiting such. If the person doing the recording was my client, I would ensure it is delivered to the physician as soon as possible after... Read more »

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: My mom is keeping my kids from me and she has given both of them away to people i dont know what do i do?

I signed over custody of my kids to both my parents. My mom took my kids to Ohio and wont let me or my dad talk/see them. She gave my daughter to a family ive never met before and wejust got a message from a family friend saying she doesnt have chandler anymore. How do i find out where they are... Read more »

Mike Branum
Mike Branum answered on May 26, 2021

If you relinquished your parental rights when you "signed over custody," you have no options. Without a lot more information, it will be difficult to provide you much useful guidance. I strongly encourage you to consult with an Arizona family law attorney. There are pro bono resources... Read more »

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