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Arizona Questions & Answers
1 Answer | Asked in Education Law and Employment Law for Arizona on
Q: Can a school district make my wife continue to work at home while on FMLA and not pay her for full-time work?

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 »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 26, 2022

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.

1 Answer | Asked in Bankruptcy and Collections for Arizona on
Q: Does a judge have the authority to stop a wage garnishment at a request for hearing or only reduce it to 15%

I am claiming extreme financial hardship and have a date set for the hearing.

Timothy Denison
Timothy Denison answered on Jan 25, 2022

Yes.

1 Answer | Asked in Civil Litigation and Personal Injury for Arizona on
Q: My mom wants 20k because I "ruined her life" by existing and injured her 7 years ago (conflict resolved). Am I liable?

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 »

Stephen M Vincent
Stephen M Vincent answered on Jan 23, 2022

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...
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Q: an accident that wasn't my fault my car was a total loss who gets position of the vehicle me or the insurance company.

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 »

Tim Akpinar
Tim Akpinar answered on Jan 22, 2022

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 »

2 Answers | Asked in Family Law for Arizona on
Q: Is there a phone number I can call to speak to someone confidentially about my children we live in Arizona?

ASAP please

Stephen M Vincent
Stephen M Vincent answered on Jan 21, 2022

Yes, you can call any family law attorney's office and speak to them confidentially about your children.

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1 Answer | Asked in Criminal Law for Arizona on
Q: If your imprisonment is reinstated after a probation violation, how much time is served?

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.

Mike Branum
Mike Branum answered on Jan 21, 2022

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.

1 Answer | Asked in Divorce for Arizona on
Q: Are the gains from a 401k account prior to marriage separate or community property?

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 »

Rich J. Peters
Rich J. Peters answered on Jan 20, 2022

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 »

2 Answers | Asked in Personal Injury and Car Accidents for Arizona on
Q: In car accident cases do lawyers get billing records from the hospital stay if their is one?
Matthew Maerowitz
Matthew Maerowitz answered on Jan 20, 2022

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 »

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1 Answer | Asked in Family Law for Arizona on
Q: If my mother-in-law died a week ago and the state has already stepped in to the property taken the animals what can I do

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 »

Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

You should contact a probate attorney (not a family law attorney) as soon as possible.

1 Answer | Asked in Family Law for Arizona on
Q: My father passed away without a will How do we proceed
Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

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 »

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Legal Malpractice for Arizona on
Q: State of AZ failed to use UCCJEA, for temp emergency custody minor kids, CA case. Had jurisdiction, what case law help?

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 »

Stephen M Vincent
Stephen M Vincent answered on Jan 20, 2022

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 »

2 Answers | Asked in Bankruptcy for Arizona on
Q: I was not notified of a 25% garnishment of my paycheck. This causes an extreme hardship. What can I do?

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?

David Luther Woodward
David Luther Woodward answered on Jan 18, 2022

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

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2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Probate for Arizona on
Q: Dad had temporary legal decision making but went to prison my rights fully intact, can I go get my kids from the Stepmom

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

Stephen M Vincent
Stephen M Vincent answered on Jan 17, 2022

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 »

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3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

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 »

Randi Sirlin
Randi Sirlin answered on Jan 16, 2022

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.

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2 Answers | Asked in Family Law for Arizona on
Q: Do I have the legal right to request covid positive test in family law if it effects parenting time.

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 »

Randi Sirlin
Randi Sirlin answered on Jan 16, 2022

I can not tell what your question is, exactly. I recommend contacting an experienced family law attorney.

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2 Answers | Asked in Child Custody, Family Law and Military Law for Arizona on
Q: Would my husband and I be able to get/keep custody of his daughter if he enlists in the military?

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 »

Stephen M Vincent
Stephen M Vincent answered on Jan 16, 2022

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 »

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: Workers comp claim terminated, want to quit my job... however...

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 »

Joel Friedman
Joel Friedman answered on Jan 16, 2022

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 »

1 Answer | Asked in Child Custody, Child Support and Divorce for Arizona on
Q: I have a question. I want to divorced my husband I have 3 kids and I don t have a place to go live can he pay for us.

Been married for almost 13 years just started working 3 years ago but I won't make it to pay rent.

Stephen M Vincent
Stephen M Vincent answered on Jan 15, 2022

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.

1 Answer | Asked in Probate for Arizona on
Q: oK friend, left home to me in August 24 2021 we notarized a join tenancy deed lawyer did't recorded it what do i do.

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 »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2022

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 »

2 Answers | Asked in Personal Injury for Arizona on
Q: Nov 1,2021 at a store from a cashier, I spoke with a manager didn't take my statement. I ended up going to ER.

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?

Matthew Maerowitz
Matthew Maerowitz answered on Jan 13, 2022

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.

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