Arizona Questions & Answers

Q: I owe arrears on child support. However, when the child turns 18, does the Courts automatically cease withdrawal orders?

1 Answer | Asked in Child Support and Family Law for Arizona on
Answered on Apr 21, 2018
Peter H. Westby's answer
Child support withholding does not automatically terminate. You need to petition the court to terminate current child support, determine the amount of your support arrearage and obtain orders as to how this will be paid. This should be done in advance of your child's becoming 18 or graduation from high school, whichever is later. I recommend that you seek the advice of a family law lawyer before you take any action. There is always the possibility of unintended consequences when you file...
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Q: Family court question.

1 Answer | Asked in Family Law for Arizona on
Answered on Apr 21, 2018
Peter H. Westby's answer
You will need to file a petition with the court to obtain joint custody and joint decision making under a comprehensive parenting plan. This might be a petition for paternity. I strongly recommend seeking the advice of a family law attorney concerning this important matter. If you are to have any say concerning your daughter's education or welfare, you must have a good court ordered parenting plan.
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Q: I submitted my I 485 copy instead of my wife's while applying for I 131 and USCIS charged $575 fee - can I get refund?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Apr 21, 2018
Hector E. Quiroga's answer
USCIS will likely request that; however, they shouldn’t have charged you, since applying for AP based on a pending adjustment application has no fee associated with it.
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Q: Hi There ! My question is that if I buy a business worth $250,000 and have 5 employees. Can get GC using this?

1 Answer | Asked in Business Formation and Immigration Law for Arizona on
Answered on Apr 20, 2018
Carl Shusterman's answer
You may be able to qualify for an E-2 visa if your country has a treaty with the US which permits this.

However, you would not qualify for a green card. See below:

EB5 – stands for employment based 5th preference immigrant visa category. This visa category is allocated to foreign investors with the Congressional intention to stimulate U.S. economy. Program EB-5 represents a unique opportunity for foreign investors (“FN”) to U.S. permanent residency (“green cards”)...
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Q: Im a legal resident in the united states, my boyfriend isn't. we want to get married here in Arizona, what he needs?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Apr 20, 2018
Carl Shusterman's answer
Yes, and you can sponsor him for a green card. However, it would be better for you to wait until you become a US citizen to sponsor him.

robably the most sought after U.S. immigration benefit is obtaining permanent resident status. One of the most common ways an immigrant will get a green card is through the marriage to a US Citizen or permanent resident. Due to a prevalence of people marrying US residents fraudulently for the purposes of obtaining permanent resident status, these...
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Q: My wife has a permanent resident card/ visa for 3 years and I am a citizen. We are not working out. will this affect her

1 Answer | Asked in Immigration Law for Arizona on
Answered on Apr 20, 2018
Carl Shusterman's answer
No, she will not have to return to Canada since she is a lawful permanent resident of the United States. However, she will have to wait until she has a green card for 5 years before she can naturalize.

She will be a dual citizen of Canada and the United States.
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Q: What’s the process of getting sponsored from my wife?

1 Answer | Asked in Immigration Law for Arizona on
Answered on Apr 20, 2018
Carl Shusterman's answer
If your wife is a US citizen, she could sponsor you for a green card and you could prepare the applications on your own.

Probably the most sought after U.S. immigration benefit is obtaining permanent resident status. One of the most common ways an immigrant will get a green card is through the marriage to a US Citizen or permanent resident. Due to a prevalence of people marrying US residents fraudulently for the purposes of obtaining permanent resident status, these marriages are...
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Q: Is an out-of-state will valid in Arizona?

3 Answers | Asked in Estate Planning for Arizona on
Answered on Apr 20, 2018
Ryan K Hodges' answer
Arizona will recognized an out-of-state will if it complies with AZ law (generally meaning signed and two witnesses) or if it complies with the law at the time of state where it was executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.
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Q: Does my husband have the right to keep my clothes from me if we are still married?

1 Answer | Asked in Divorce for Arizona on
Answered on Apr 20, 2018
Randi Sirlin's answer
You are entitled to your clothing. You can call the police and ask for a stand by for them to assist you to pick up your clothing.

do NOT sign anything giving him full custody, even if you don't get the clothing back yet.

The most important thing about your divorce is probably going to be your children.

Do not be bullied.

If you have more questions, please contact an experienced family law attorney.
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Q: can i get a custody case transferred from San Diego CA to Tucson Arizona?

1 Answer | Asked in Child Custody and Family Law for Arizona on
Answered on Apr 19, 2018
Randi Sirlin's answer
You can try. If you live in California, but want to move to Tucson, the children will need to have been in Tucson for 6 months for the Arizona court to have jurisdiction and you must be here 90 days before you file.

I do not know what the laws are in California. I believe you have what is called a "relocation case."

If you need help with this, please contact an experienced family law attorney.
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Q: if you have joint custody and he doesn't honor the 111 overnights in the decree, is he still entitled to joint?

1 Answer | Asked in Child Support for Arizona on
Answered on Apr 19, 2018
Randi Sirlin's answer
If Arizona ordered the child support, it has "exclusive, continuing jurisdiction." Also, the children reside here (as long as they have been here at least 6 months, so that is another reason the court has jurisdiction.

If the child support was ordered in a different state, you will need to "domesticate the judgement."

You get a 10% increase for the "basic" child support obligation for any children 12 and older.

You can file for child support "simplified procedure,"...
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Q: What are the guidlines for when you stop paying child support in Arizona and how do you go about that process?

1 Answer | Asked in Child Support for Arizona on
Answered on Apr 18, 2018
Randi Sirlin's answer
If you owe child support arrears, you would pay them until they are paid off.

If it is regular child support, a parent can stop paying after the child turns 19 or graduates from high school, whichever comes first.

You can submit a Motion to Modify or you may be able to submit an "order withdrawing the withholding order."

If you need additional assistance, I recommend contacting an experienced family law attorney .
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Q: Does my ex-need to put down our daughter's information in his taxes even though I supported her all year and

2 Answers | Asked in Family Law and Tax Law for Arizona on
Answered on Apr 17, 2018
Randi Sirlin's answer
Family Law Attorneys are really not authorized to provide tax advice. My advice would be to contact the IRS. You can find their phone number at IRS.gov.

If I was you and I had already claimed your daughter on your tax return, you supported her and did not receive child support from him, I would probably let him figure it out with the IRS. But again, please give the IRS a call.

If you need more information, you should contact an experienced family law attorney.

Hope...
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Q: Student visa - out of status - reinstatement - green card holder

1 Answer | Asked in Immigration Law for Arizona on
Answered on Apr 17, 2018
Hector E. Quiroga's answer
You will likely need to leave the US to avoid accruing unlawful presence. You will also need to go to a visa appointment in your home country. If your spouse becomes a citizen, this changes.
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Q: what do I do if I learned my former landlord sold my rental and the new landlord forged my name on a renewal lease?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Answered on Apr 17, 2018
Peter H. Westby's answer
The first step is to have your original lease--the one you signed--reviewed by a real estate attorney. It may automatically renew by its terms. You may have the right to terminate. Once your attorney has reviewed the lease that you agreed to, he or she will be able to let you know your legal rights.
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Q: What procedural rule do I use for a change of venue case in Az..pertaining to a child custody case?

1 Answer | Asked in Child Custody for Arizona on
Answered on Apr 16, 2018
Randi Sirlin's answer
If you go to azcourts.gov and look under Arizona Rules of Family Law Procedure, you will find the applicable rule.

If you need asssitance, I recommend contacting an experienced family law attorney.

Often, questions of venue and jurisdiction are fact based.
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Q: I was in a car accident in 2015, got a settlement in 2017, 2018 my injuries have worsen. I will be having back surgery

1 Answer | Asked in Car Accidents for Arizona on
Answered on Apr 16, 2018
Peter Munsing's answer
Unlikely because chances are you signed a release. Do you have an underinsured claim? Why not ask the lawyer who represented you.
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Q: I have child support in AZ and CA, but they are only leaving me with less than half my monthly check. Can they do that?

1 Answer | Asked in Child Support for Arizona on
Answered on Apr 16, 2018
Randi Sirlin's answer
Possibly. If you received services through the Department of Economic Security (food stamps, health insurance), the State may have an interest in the funds.

However, you may want to modify child support to make sure you are getting your fair share.

If you need assistance, you should contact an experienced family law attorney.
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Q: Can a Notice of Errata be used to correct for factual error by the opposing litigant in civil case in fed distr Court?

1 Answer | Asked in Civil Litigation and Social Security for Arizona on
Answered on Apr 15, 2018
Joel Friedman's answer
I do not accept clients with United States District Court civil cases. My practice is limited to representation of individuals with Arizona work injury claims
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Q: How do I verify the C&R payout? I received 32% disability rating and the report states I require surgery. $37,500 low?

1 Answer | Asked in Workers' Compensation for Arizona on
Answered on Apr 15, 2018
Joel Friedman's answer
We do not accept non-Arizona workers' compensation cases. You will need to contact an attorney in California
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