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Everything else is settled except spousal support. We have been to court 2xs so judge can see how we’re progressing. Very expense!
answered on Oct 15, 2023
Typically the attorney for the party seeking spousal support will take the lead on questioning because that spouse has the burden of proof. They generally have to introduce sufficient evidence showing they are entitled to support, typically by proving they suffer from some type of disability or... View More 
I was divorced in GA. I live in Alabama and my ex has a residence in Tuscan, AZ. He has been cheating me of the correct alimony for several years. I am limited financially and would like to know if I woiuld need a lawyer. If not, how should I proceed. I do not mind paying something. I am on SSI, so... View More
answered on Oct 12, 2023
You should retain a Georgia lawyer in or near the county where your divorce was granted to enforce the alimony provisions of the decree. That will be the lion's share of the legal work. If necessary, after that has been completed, you may have to retain an Arizona lawyer to register and... View More
She was with me thru all of it
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answered on Sep 19, 2023
In Arizona, assets and debts accumulated during a marriage are typically considered community property and are generally divided equally in a divorce. However, when it comes to personal injury settlements, the division can become more nuanced. While compensation specifically for an... View More
Beginning divorce where I was effectively locked out of house while out. While getting necessities I was refused my Service Dog, when I asked Police assistance, wife claimed he was working for everyone in house. Even though 1 dog working for multiple people is not how it's done, police see it... View More
answered on Aug 11, 2023
In your divorce proceeding, have your lawyer request exclusive temporary use and possession of your service animal. Be prepared to show the specific specialized training your service animal received for your particular disability, and correspondingly that your spouse does not share that disability... View More
Recently we had an RMC and father requested a court order to enroll child in a muslim school. Mother opposed but court issued order stating that he has legal decisión making rights. In addition, the court went out of its way to rule that I (mother) not have ANY CONTACT with the school. How is this... View More
answered on Jul 21, 2023
Yes, the Court can prohibit you from going to the school.
Yes, you can file a Motion to Reconsider. List out the reasons you mentioned here, but do so more softly. The reasons you mention are all valid ones.
This happened at an RMC? The Court can't make orders at an RMC unless... View More
My health insurance United healthcare dual complete - covers a LOT - and i want to know if I can pay my Therapeutic Interventionist with my insurance?
answered on Jul 20, 2023
You're asking the wrong people. That's a question for your insurance company. Without having a copy of your insurance policy, we cannot say whether you can or cannot.
We obtained an OOP in June of 2022 on behalf of my minor daughter for abuse she suffered at the hands of father. HE left her outside in the heat without food or water last year in May. WE DO have a case in family court but it was HER OOP so I was on the order just because im the adult filing.... View More
answered on Jul 20, 2023
While, yes, you can file a new OOP, that may not be the most appropriate way to handle this situation.
This is better handled by filing an emergency motion in the family law case. OOP's are not meant to circumvent the custody courts.
RMC was a circus. BIA and TI not present. Father making wild allegations with no evidence. Judge had tech issues and could not access electronic records to review our motions. Court made orders based on hearsay and wording on order says “MOTHER shall provide requested paperwork to TI and payment... View More
answered on Jul 19, 2023
I'm not sure what your question is, but I certainly wish you well on the Motion to Reconsider, as the judge should consider your ability to pay for services. I hope the public defense office can foot most of the bill.
As an aside and just as an FYI: Hearsay is permitted in family... View More
For some ODD reason, during a hearing in family court, the judge believed father and though i retain custodial/residential custody of our 9yr old daughter— my joint legal decision making rights were handed over to father (full legal decision-making) and reason was Judge believed i weaponized OOP... View More
answered on Jul 19, 2023
I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.
Unfortunately, there is not much you can do right now.
If the order came... View More
…$7000 Military Star Credit Card debt. Both debts are individual accounts only in my name, but were acquired while married to my wife during yrs 4-6 of our marriage in AZ, a community property state. Both debts were personal items that I only purchased and used, and not shared such as clothes,... View More
answered on Jul 19, 2023
Unless your wife signed on them as guarantor ( instead of authorized user), the creditors can never go against her to try and collect the debt. Your discharge should end it all.
I get SS disability and cannot afford it. Child lives with me and father is abuser. Can i file a motion to reconsider? Can we get a cheaper TI? What if i cannot afford a TI? Judge keeps saying im blocking efforts and not participating
answered on Jul 18, 2023
Yes, you can file a Motion to Reconsider and explain your financial circumstances. The Court must consider your ability to pay before it can order TI services. Gish v. Greyson, 253 Ariz. 437, 446, ¶ 42 (App. 2022).
Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More
answered on Jul 18, 2023
Note that I practice law in OHIO and do NOT practice in Az. I am an officer on the Ohio State Bar Association's Dispute Resolution Committee and have over 50 hours of mediation training from the Ohio Supreme Court's Judicial College.
Mediation is not a forum for presenting... View More
My daughter moved out of her marital home 1 yr ago due to domestic violence. She left their 9 yr old son w/the husband because she couldn't afford a 2 bedroom apt. She found the most affordable 1 apt . She didn't have a car but finally bought 1 with a really high mo payment. Now 1 yr... View More
answered on Jun 30, 2023
Yes, your daughter can request child support.
But let's be clear on what child support is. First, it's not meant to equalize the living situation between the parents. Second, it's done on a formula. The fact he has a two-bedroom and bought a Camaro are not relevant to how... View More
Order of protection on me, I filed an assault charge on her, She is from Mexico illegally. Trying to see if I can keep my kids until court.
answered on Apr 28, 2023
Without knowing more, I am going to say that is a strategy that will most likely backfire and cost you more time with your children in the long run.
My ex spouse has been intentionally delaying proceedings going on 3 years, we were only married for 4 years. She is doing this to cause me financial harm. I have sent 10+ offers to settle with zero negotiation from her and the court just keeps pushing every final trail date becuase she files more... View More
answered on Feb 22, 2023
Yes, it's a Motion to Set Trial and you need to file a Certificate of Readiness with it.
I impregnated my girlfriend who happens to be married still. Legally when the child is born he will have all rights to the child. He makes threats to not sign papers to manipulate things that he wants from her. They are going through a divorce as well. I want my child and I will fight for the... View More
answered on Feb 21, 2023
You wrote, " Legally when the child is born he will have all rights to the child."
Legally, that is incorrect. By being married to the mother, he is PRESUMED to be the father.
If you can prove biology, you are also PRESUMED to be the father.
That puts the two of... View More
I fired my attorney, right in front of the "mediator", and she told me "all the lawyers here are interchangeable. They're going to tell you the same thing. " Had i only known i needed to say it to the judge. Maybe it wouldn't have made a difference at all.
answered on Jan 27, 2023
The Arizona Bar handles complaints about lawyers.
As for having their own firm, it really doesn't make a difference.
If you think of suing your lawyer, you really should speak to a legal malpractice attorney before you file anything.
My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her,... View More
answered on Jan 18, 2023
Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law... View More
I'm in Arizona, a community state.
answered on Jan 16, 2023
I am not an Arizona lawyer. However, you should respond to the appeal, a short brief on your behalf responding to original brief will do. Check the AZ appellate rules regarding format and filing of briefs.
I sued the wife in arbitration for breach of contract and won a six-figure judgment. The husband immediately transferred their home to try and prevent any recovery from the property. It's normal to name both spouses in a lawsuit to obtain jurisdiction over the marital community, however, when... View More
answered on Jan 3, 2023
You must include both husband and wife in your suit or it will fail.
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