My wife's school district has known that she would be taking leave for the birth of our son for several months. However, they have still failed to bring someone in to sub for her while she is on leave. While on leave she will not be given full pay. However, because of the district's... Read more »
You should contact an Arizona employment attorney to discuss this situation. If your wife is using FMLA leave, then she should be fully relieved of any of the normal duties she performs. If she is being forced to work while on FMLA leave, then this could be considered FMLA Interference.
I am claiming extreme financial hardship and have a date set for the hearing.
Yes.
I am currently in the process of moving out (getting kicked out, choosing not to go through eviction) and my mother is demanding 20k. I am 24, COVID hit hard. Mom has cited that it's because I injured her when I was 17/18. I had hit her with an ipad during a time when I was mentally unstable... Read more »
There's a two-year statute of limitations for her to bring a lawsuit over you hitting her with an iPad. Since she didn't file within those two years, she is past the deadline. If she file, you should file a Motion to Dismiss.
As for all other issues you raise, the two of you... Read more »
I was involved in a car accident the car was a total loss and I was wondering if I got position in the car or does the insurance company get possession of the car also does the insurance company have the right to pay the finance company while at the time of the accident the car was not registered... Read more »
An Arizona attorney could advise best, but your question remains open for two weeks, and you may be in a position where you need to remove the vehicle from storage. This appears to be something you might need to coordinate with the finance company if they hold a lien and possessory interest in the... Read more »
ASAP please
Yes, you can call any family law attorney's office and speak to them confidentially about your children.
If the defendant had their sentence reduced, I was wondering if the imprisonment reinstatement is the remainder of the time they should have served or if the sentence for the PV is entirely separate to be determined by the court.
The Court can order a parolee returned to custody to finish the underlying sentence from which they were paroled when there is a parole violation. There are defenses to parole violations and the parolee should confer with their counsel to take advantage of any defenses they may be entitled to.
Question on a 401k that I had prior to getting married. Everything I’ve read is it is separate property and not divisible at divorce. Are the gains from that account also separate property? My wife is saying the 401k balance prior to marriage is separate property, but the gains are community... Read more »
So long as there were no contributions during the marriage, then every penny of your 401(k) will be considered your separate property. You owned it prior to the marriage, and you alone get to benefit from any increases.
Perhaps you could convince her by asking her whether she would have... Read more »
Yes, getting the bills for all your medical records is very important if seeking recovery for damages of related medical treatment. This can sometimes be tedious to do without the help of an attorney and sometimes it is difficult to correctly present a claim if you have one. You should contact a... Read more »
I am the last living relative to my mother-in-law who has died a week ago and I was not notified by anyone of the death I come to find that the state has already taken the animals that were on her property and with her dying with dementia she did not put me as an emergency contact the only... Read more »
You should contact a probate attorney (not a family law attorney) as soon as possible.
You should contact a probate attorney, and his estate is likely to go through the probate courts. Because he died without a will, his estate will go through a process called "intestacy" to determine who his heirs are. A probate attorney (a family law attorney is not a probate attorney)... Read more »
We are victims of abuse, DV. I left CA 2018 moved to AZ to seek asylum and safety from abusive sociopath (NPD) ex husband and bio dad of our 2 minor children. Asked for move away orders in CA family court, citing DV and asked for temp emergency orders there, allow me to bring kids to AZ. Denied.... Read more »
My heart goes out to you. It sounds like you're in a very difficult position.
The law for temporary emergency jurisdiction is ARS 25-1034. The best case on your side is probably Arturo D. v. Dep't of Child Safety, 249 Ariz. 20 (App. 2020) where Arizona did exercise emergency... Read more »
I am aware of the judgement that was filed. I am planning to file Ch7 bankruptcy, however, I would like to stop the garnishment as quickly as possible. I will not be able to afford my rent next month. Is there anything I can do?
The most effective and efficient way to stop all that stuff is to file for Chapter 7 or 13 bankruptcy--but don't do it on your own. You need a bankruptcy lawyer to guide you through the pitfalls of the process.
Good Luck
d
My rights are fully intact and dad is now in prison and the stepmother is not letting me see or speak to my children can I get the cops and go get my kids
I think just showing up and taking the kids would do more harm than good, and most likely, the police aren't going to assist you; they will instead tell you that you need to go file with the Court.
If I were you, I'd file a Petition to Modify Legal Decision-making, Parenting... Read more »
My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... Read more »
He will have a right to see her if he is clean, but you would want to ask for supervised parenting time at his expense at a court affiliated parenting skills center or no parenting time if he is using.
Maricopa county, Arizona. Father of child states he tested covid positive and it has effected parenting time. He lives in Texas and this now has caused his parenting time to change. I have sole physical custody and legal is 51/49. Mother having final say. He is currently saying I do not have the... Read more »
I can not tell what your question is, exactly. I recommend contacting an experienced family law attorney.
My husband wants to enlist in the military, but he doesn’t want to lose custody of his 2yr old daughter. Right now he and his ex haven’t settled any sort of custody agreement in court, it’s all been verbal agreements. We currently are her primary household, and have been for over a year now.... Read more »
You should consult with an attorney because that's a complicated question.
Arizona is generally a 50-50 state, and Arizona generally only goes away from 50-50 if there's some sort of safety concern with one of the parents or it's not logistically possible to do equal... Read more »
I received my workers comp letter and any benefits were terminated. I feel this was wrongfully done and I am bringing it up with a lawyer currently. However, I want to quit my job and go elsewhere while all of this is going on. Can I quit my job and work elsewhere without facing any consequences... Read more »
This is a question you really should be asking the lawyer you apparently already have on your WC case. It's a common issue and any serious WC attorney will be able to advise you, especially knowing more about your current injury-related medical condition and why you disagree with your benefits... Read more »
Been married for almost 13 years just started working 3 years ago but I won't make it to pay rent.
Yes, it's possible. You will need to ask for spousal maintenance, and will likely need to ask for temporary spousal maintenance. Whether or not a Court will actually order spousal maintenance is a different question and probably only be answered after a consultation.
I filed malpractice against that lawyer am I in the right track i know my friend since 2009 but moved in with him In 2016 I helped him a little to buy the home in 2018 .We wonder about documents that we notarize with PLLC lawyer he said we get something in mail.On august 24 2021 from Maricopa... Read more »
This is a question that you should be asking the attorney who is helping you with the malpractice lawsuit. If you did not obtain any advice before filing the lawsuit, then that was a very big mistake. You could be wasting a lot of money.
No attorney in this forum can give you any kind of... Read more »
Segwick is the insurance company that handles the store, I received one cold call and I have called left messages, text's and email's. Is there anything I can do?
If the store is at fault, you may be entitled to recover damages. Contact a personal injury attorney to go over what happened. Many of us offer free consultations.
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.
