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Arizona Questions & Answers
1 Answer | Asked in Child Support and Divorce for Arizona on
Q: My child support was ordered before I put my boys in daycare. Can I change my Child support to get more help?

2 boys & i only get 400/month well 372/month since i did des child support assistance and they take some off for the service.

Jay Hall
Jay Hall answered on Jul 14, 2020

Childcare costs can be added to the child support worksheet, but it is entirely discretionary. This means it is entirely up to your specific judge. The factors that most commonly affect this decision are the comparative incomes between the parents and the parenting schedule. If parents earn similar... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: I’m self representing my case in family law and have no family law background. I’m an MBA. I have to deal with this

Wacky , vexatious litigator as opposing counsel. She filed an IAH on me without telling them I am self representing . She also failed to provide me evidence I requested in discovery prior to filing this injunction as she’s trying to deprive me my constitutional right to write as a noted author... Read more »

Jay Hall
Jay Hall answered on Jul 14, 2020

I can understand your frustration, but frankly nothing you provided sounds unusual. You do not have a constitutional right to publish information about a family law case. Family courts regularly seal records to prevent dissemination of sensitive information. This is explicitly allowed by the... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: Is there a law in AZ on how far a parent can live from a childs school?

My ex and I have 50/50 joint custody that we agreed upon in 2017 in mediation, before that I had full custody and he had alternative weekends. I have final descion making. He moved 50 miles away from me/the children's school. I am primary residential parent and have been since 2016 divorce.... Read more »

Jay Hall
Jay Hall answered on Jul 14, 2020

No, there is no law that imposes any maximum distance or commute time. It would be your burden to prove specifically how the commute is detrimental and that the detriment is more significant than any detriment that would result from modification of the parenting schedule. Based only on what you... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I lied to police and someone in jail and facing charges i need to tell them the truth but scared i might go to jail
Mike Branum
Mike Branum answered on Jul 14, 2020

The longer you wait, the worse any potential consequences may be. It would be better to have an attorney communicate with law enforcement for you but, if that is not an option, you may want to notify them that your previous statements may have been incorrect. You do not have to outright say you... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Arizona on
Q: I ended a relationship and both our name are on the mortgage. How do i either sell the home or get off the mortgage

She believes the house is hers alone and that i was only there as long as she agreed to it.

Peter H. Westby
Peter H. Westby answered on Jul 13, 2020

I am assuming that you and your ex did not have a domestic partnership agreement or other written agreement concerning the assets acquired during the course of your relationship. Absent such an agreement, and generally speaking, if your name is on the Deed to this home in addition to the mortgage,... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: I have accepted a job offer and I now want to rescind my acceptance, the job is at will, will I face legal repercussion
Peter H. Westby
Peter H. Westby answered on Jul 13, 2020

You could have legal consequences. It depends upon the facts of the situation and any document or agreement that you may have signed. I recommend speaking with an employment law attorney to learn your legal rights and options before making a decision.

1 Answer | Asked in Immigration Law for Arizona on
Q: What is the average processing time for me a US citizen to get a green card for my wife who has over stayed her visa?
Stephen Arnold Black
Stephen Arnold Black answered on Jul 12, 2020

As a US citizen spouse sponsoring a foreign national, your wife would be considered an immediate relative. Currently it’s taking about a year from the filing until the interview date but maybe longer due to the covid crisis.

2 Answers | Asked in Child Custody, Divorce and Family Law for Arizona on
Q: My wife wants a divorce, we are in AZ and says if I don’t move out, she will with our 19 month old son. Can she legally?

As of this afternoon, I checked myself into a hotel to calm the situation down in the house. There has been no physical altercations in the place I’ve never been involved.

Mike Branum
Mike Branum answered on Jul 12, 2020

The short answer is yes. One of you needs to file and you need to establish temporary custody orders so that you both know what your rights are concerning custody and visitation.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Arizona on
Q: .my parental rights just got terminated and now they're moving to the adoption process what can I do for my case
Mike Branum
Mike Branum answered on Jul 12, 2020

Likely not much. Since your rights have been terminated, you are no longer an interested party in the adoption proceeding. Am attorney would need a lot more information to evaluate whether anything can be done at this point. I can assure you that without extremely competent local counsel, you will... Read more »

1 Answer | Asked in Animal / Dog Law for Arizona on
Q: If someone that is temporarily staying on your property brought a dog without your permission can you have it removed
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 8, 2020

You can have the person removed, and, ergo, the dog.

3 Answers | Asked in Probate for Arizona on
Q: Mom died with no will. Car is paid for but home is in forclosure. Do I still file in probate court?

Mom left no payable life insurance and hardly any $ in her checking account.

I am last surviving child and I paid for cremation services but can't afford to pay off her debt or save the house which is financed to the max, there is no equity in the home.

The car might bring... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Jul 7, 2020

It may be worth talking to a probate attorney to discuss the specifics, but check out this link: https://superiorcourt.maricopa.gov/llrc/prob_pbse1/

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1 Answer | Asked in Family Law for Arizona on
Q: Me and my sons mother have 50/50 joint custody. She hasnt seen him in 4 years what can i do and what is the process to

file for full custody?

Mike Branum
Mike Branum answered on Jul 7, 2020

You will need to file a petition (or motion, depending on which state the current custody agreement was issued in) in the jurisdiction where the custody agreement was filed. You will have the opportunity to explain that she has not seen her child in four years and that you should have sole custody.... Read more »

1 Answer | Asked in Animal / Dog Law for Arizona on
Q: Never taken my dog to the vet. Has puppy shots frm previous owner. Will i get in trouble If I take him to the vet now?

I have no proof of the puppy shots, dog has never gotten sick, but now is having some trouble with ears.

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 6, 2020

Most likely, no. Although, you didn't say how old the dog is, now. Most states and municipalities require dogs to have a rabies vaccine every year (if you get the yearly vaccine), so that could land you in trouble IF the vet reports it, but that's unlikely. They will probably just be glad... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My daughter went to my brothers where I was living. Broke into my room and stole everything

She got mad cause I came into some money I got tired of her asking for money so I went and stayed at a hotel. While I was there she broke into my room and stole everything. I want to press charges. Now shes threatening me

Mike Branum
Mike Branum answered on Jul 6, 2020

You need to contact the law enforcement agency in whose jurisdiction your brother's home is located to file a report for burglary, theft, and threatening communications. You may also have to seek a protective order through the Pima County courts. Very tough situation. I wish you the best.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Arizona on
Q: child abuse multidisciplinary account fee"Does that mean there was child abuse involved

The new girlfriend of my step daughter had a divorce in 2009 and one of the charges on docket said "child abuse multidisciplinary account fee" on it. Does that mean there was child abuse involved? And is that something that can make that person be prohibited from seeing my step daughter?

Mike Branum
Mike Branum answered on Jul 6, 2020

No and no. The "Child Abuse Multidisciplinary Account Fee" is like a 911 tax on your cell phone bill - just another sneaky way government has found to take your tax dollars and divert them into a government program which may or may not actually benefit anyone outside of government.

1 Answer | Asked in Family Law for Arizona on
Q: I’m 17 and turn 18 in 3 months with a job would I be able to move out without being forced to move back in?
Mike Branum
Mike Branum answered on Jul 6, 2020

I cannot envision how you could be forced to move back in. If you have a safe place to live and are not otherwise breaking any laws, law enforcement is unlikely to attempt to force you to return to the residence where your parent or guardian lives.

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I've court on july21 but they still haven't served him this is the second time they have tried to contact him. Whatsnext
Mike Branum
Mike Branum answered on Jul 6, 2020

You will need to show up for your court date and ask the Court for permission to perform service by publication. There are very specific rules for service by publication which must be followed (Arizona Rules of Civil Procedure 4.1(l), that's a lower case "L") and you must mail a copy... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Where do I present my provisional patent for school bus

It's a safety system for school buses

Kathryn Perales
Kathryn Perales answered on Jul 6, 2020

You can learn more about filing a provisional patent application at uspto.gov - there are many resources for inventors there. If you wish to do this yourself, you can use efs-web as an unregistered e-filer. Your documents should be in pdf format. Look into the requirements for micro or small... Read more »

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1 Answer | Asked in Real Estate Law for Arizona on
Q: I don't know if I'm being taken advantage of by a real estate broker. Can you please go over the details of my pre-deal?

I want to sell and I reached out to a friend in real estate who wants to buy my house for cash tomorrow. The online real estate agencies such as Zillow rate my house between 3:55 and 4:10. This guy wants to flip the house so he's deducting all the things that he says he has to repair from the... Read more »

Phil Cardis
Phil Cardis answered on Jul 6, 2020

Lots to analyze here from a business decision standpoint relative to determining value but it appears the broker/investor is looking to make money for the costs and effort related to addressing the deferred maintenance. So lots of factors to consider in seeing what is best option for you. The... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Child Custody for Arizona on
Q: I live in Ca. I Have joint custody of my kid who lives between CA and AZ. I want equal physical time. Where do I start?

I was married in CA in 2009. Moved to AZ and bought a house with ex husband in 2010 with newborn. Filed for divorce myself with no lawyer in 2011 and it was granted 9/2012. The divorce decree and parenting plan is archaic and based on the naivety of a young me in my 20s who somehow thought I could... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Jul 5, 2020

It would be necessary to review all of your current court orders and the Decree to adequately provide advice on your current issues. There appears to be grounds to review and request changes to your current Legal Decision Making and Parenting Time Orders. There has been at least 5 years since your... Read more »

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