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I was a SAHM the majority of our marriage due to two of our children being special needs. There was DV in the marriage. My parents owned a house in AZ and offered for me and my kids to move in in 2015 to get a fresh start. In 2017 I obtained a good steady job. In 2018, their father stopped all... View More
answered on Jan 21, 2025
Because you made payments during the marriage those are technically considered community payments. Thus, since the house was gifted only to you during the marriage , you then were making community payments towards a piece of separate property. Husband can claim reimbursement for "community... View More
answered on Jan 21, 2025
The Court will only enter orders if agreed upon. Otherwise, the Court will try to see what is necessary to move the matter along, and may ask you about mediation and discovery. If the matter is ready for Trial, the Court may schedule deadlines and Trial.
Once the Court swears you in, if... View More
Ex wife never got me removed off title of her vehicle after being divorced for 3 1/2 yos. She got the vehicle repoed in October 2024 due to no payment and a second vehicle repoed in December of 2024. She has not made any attempts to make payments and now has asked me for 2 separate down payment... View More
answered on Jan 17, 2025
If wife was ordered to take care of the debt related to the vehicle, then that remains true even now, but unfortunately is only binding upon the two of you. It is not binding upon the creditor who can pursue either of you if you were both on the loan. One option that you have is to file a petition... View More
I'm gonna be a single father and I need papers to ensure she can't just take the baby back or change her mind and she's not pregnant yet
answered on Jan 8, 2025
She can sign a "Consent to Adoption" or "Consent to Termination of Parental Rights". A consent to adopt is irrevocable unless obtained by fraud, duress or undue influence. The consent must be in writing, must be witnessed by two or more credible witnesses OR shall be signed... View More
I live with my nana and I was adopted at 9-10. Since then I was verbally and physically abused. At now 17 yo and 1 month, I am pregnant and looking to move out. I’m 5 months away from graduating and looking for a job. My baby father/boyfriend has a stable well paying job and is looking for an... View More
answered on Jan 6, 2025
Do you work? You have to prove that you can support yourself. I have a brochure I could send you prepared by the Arizona Supreme Court that describes how that works.
In your Petition, ypu must allege, and then be able to prove, that:
- You are or can be self-sufficient... View More
I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.
He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More
answered on Jan 6, 2025
You absolutely have the right to request spousl maintenance. Spousal maintenance is based upon so much more than just your income. If you review through our statute (google "ARS 25-319"), you can see the other topics.
Arizona also has recently adopted spousal maintenance... View More
I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.
He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More
answered on Jan 3, 2025
You asked what the "actual grounds" are for spousal maintenance. Arizona's spousal maintenance law is very complex. But here is probably the simplest way to explain it:
First Step: Determine Eligibility
You have to qualify under one of the grounds listed under ARS... View More
I need sume help
answered on Dec 13, 2024
Divorces are the same in every Arizona county. Every divorce basically will address the same topics:
1. Legal decision making
2. Parenting time
3. Child support
4. Spousal maintenance
5. Division of property
6. Division of debts
A... View More
my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More
answered on Dec 12, 2024
Yes, you can get full custody under those circumstances, but it is far from a guarantee. This is not a clearcut case for getting full custody, but you have arguments you can make that could get you there. A judge is going to be very concerned about what happened with the gymnastics dropoff, but the... View More
my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week.... View More
answered on Dec 13, 2024
You have certainly described some very concerning and disturbing circumstances that your judge would surely want to address. With your initial "Petition for Modification", you could also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge and... View More
answered on Dec 10, 2024
You need to file a "Petition for Disolution".
You can find Pima County forms and instructins here: https://www.sc.pima.gov/law-library/forms/
This is obviously a very important matter. It is possible and allowed to file your own divorce and complete the process without... View More
Counsel moves the Court to strike the Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash filed by me
Pursuant to Rule 35(a)(3), a party may not respond to a reply unless authorized by
the Court to do so. Father has not requested an order from the Court to allow... View More
answered on Dec 9, 2024
When someone files a Motion, there are three filings that are permitted:
1. The Motion itself
2. The Response to the Motion
3. The Reply to the Response
You filed a "Reply to Plaintiff’s Reply to Respondent’s Reply to Motion to Quash," so that is a... View More
Both Kids 12 and 14 have lived with me since birth, I have full custody of them this past September they moved in with her. She was down just under 30k in child support at that time. Im trying to get my monthly payment reduced by offsetting it with what she owes me.
I filed a motion to... View More
answered on Dec 9, 2024
It unfortunately does not work that way, which I know is frustrating and makes no sense. But you have to pay the court-ordered amount for child support every month regardless of what she owes you. Like I said, it makes no sense, but it's the situation you're in. If she's not making a... View More
We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More
answered on Dec 4, 2024
Perhaps a strongly worded letter from an experienced attorney would encourage him to be more communicative.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour... View More
We have a court order to use mediation to resolve issues. We are also ordered to use an app for all communications. This was ordered 5 months ago.To this point it has not been an issue but now there are changes happening to our child’s school due to IEP results and I am being ghosted. If I text... View More
answered on Dec 9, 2024
Don't text him directly if it violates a court order.
Absent hiring an attorney to communicate with him as Mr. Peters suggested, you might want to file a Request for Mediation and make sure you have checked off that requirement before going for contempt.
Be keeping a record of... View More
He has a car but since she gave him 75% of the cost for his care and told him that she would most likely sell his car if he chose to live with me. The divorce decree states that he follows a 5-2-2-5 parenting time schedule. Is she required to follow the decree on parenting time while he is in high... View More
answered on Oct 10, 2024
The law is not entirely clear on this. A child is not emancipated for SUPPORT purposes until they are 18 and have graduated high school. If they don't graduate high school, they emancipate when they turn 19.
However, that does not mean that's the law for custody.... View More
My brother is going through a custody battle in which temporary orders were given for my nieces to live with their mom. A CAA was brought in and my niece told her that she misses her dog and that she uses her dog as an emotional support animal. The dog in questions was a Christmas gift for the... View More
answered on Oct 10, 2024
I am probably too late on this ...
Most likely, the family court does not have jurisdiction over your dog.
The family court only has jurisdiction over dogs in divorces and only when the dog was acquired during the marriage and is the property of one or both of the spouses. In that... View More
Refusing to give them to her which was untrue instead she said she had the court paper saying she had parenting time and I said great can you send it to me so I can know when to pick them up. So while waiting for the police over 45 min she called a cab and left without the kids. Then she filed a... View More
answered on Oct 10, 2024
You're not at fault.
She's being ridiculous.
The problem is this: How did you document this?
When you're fighting with crazy, you sometimes need to think through how to prove things that are, well, absolutely ridiculous that you have to prove.
Bear in... View More
answered on Oct 10, 2024
We would need to know more. But I will say the covenant marriage laws do not address this situation, and there is only one published case involving a covenant marriage, and it did not involve this situation, so, in other words, this is a situation the law has neither dealt with nor anticipated.... View More
my daughters mother is keeping my daughter from me and I am fully disabled with limited income. I cannot afford an attorney
answered on Oct 10, 2024
You wrote, "Is my name on the birth certificate enough to establish paternity?"
That's a simple question but it has somewhat complex answer.
Technically, no. Your name on the birth certificate does not establish paternity. Under A.R.S. 25-814(A), your name... View More
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