COVID-19 Arizona Q&A by Practice Area

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COVID-19 Arizona Questions & Answers
1 Answer | Asked in Animal / Dog Law, Criminal Law, Civil Litigation and Small Claims for Arizona on
Q: The person we had TEMPORARILY caring 4 our dog as we searched for a place to live, is trying to keep him. What can I do

Someone had been watching our dog as we looked for a place to live. Among other things, the pandemic prolonged the time it took to do so (4 months). Right before we were to contact the guy to get our dog, he randomly texted and said he killed the dog and threw him in the fire. Devistated, we... Read more »

Mike Branum
Mike Branum answered on Jul 2, 2021

Unfortunately, it is not as easy as merely requesting a civil standby. I have not filed a case like this personally, but I believe you should be able to file a case in justice court instead of at the superior court level since all you are seeking is possession of the property (dog). The fees will... Read more »

1 Answer | Asked in Family Law for Arizona on
Q: child suport case start over twenty years ago in ND who has no statue of limitations and I move to SD with no max

SD has no max so is my diver license safe?

Also are there covid laws in SD to protect my license?

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

You asked this question to Arizona, where it seems like you intended to ask for South Dakota.

If you intended Arizona, North Dakota could ask AZ to enforce. AZ does not have a Statute of Limitations for enforcing child support, and losing your drivers license is a potential consequence in AZ.

1 Answer | Asked in Personal Injury and Products Liability for Arizona on
Q: I had a pen torch blow up in my hand like a gun twice, same brand. Faulty design can't hold psi when filled.

The product is dangerous, if u would have had my ignition source in range it would have blew my face off, burned me and anyone close. First time it pelted my chest bruising it and second it grazed along the ends if my finger tips leaving a slick friction burn and almost shot my gf in her face. I... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 27, 2021

An Arizona attorney could answer best, but your question remains open for a week. As a general premise, an injury victim would not usually be able to base damages on injuries that "could have" been. The standard would be "actual" damages. Those types of damages generally need to... Read more »

3 Answers | Asked in Estate Planning for Arizona on
Q: My grandfather passed away in 2019 now I’m being asked to sign a paper what could it be?

I know all of his grandchildren were named in his will but now my mom won’t tell me what this paper says beforehand......

Douglas Price
Douglas Price answered on Apr 16, 2021

You don't have to sign anything until you have had the chance to review it with counsel. There are many fine probate lawyers in Arizona and the cost of a consultation will cost you very little and could save you thousands (or tens of thousands). Many of us will do virtual consultations after... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: Does my employer need to pay me a profit share after I left the company?

My employer promised my salary is $16 per hour plus 10% of net profits. However, my employment was terminated last week

I left this company was because I was exposed to someone with covid and I told my boss that I was not going to work just to keep everyone safe, then he said I abandoned my... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

In most circumstances, the payment of an employee's compensation cannot be dependent on the employer's satisfaction with job performance, you either earn it or not. However, bonuses are different. So this depends on whether your compensation of 10% is part of salary or a bonus. You... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: I went on FMLA for corona now I dont have the position in my store the mgr is training someone. Else

The mngr sent me to another store for a week and now said she doesnt know if they can get hours im a full time assistant manager

Carrie Dyer
Carrie Dyer answered on Oct 7, 2020

You are typically entitled to reinstatement to your position or to an equivalent position (with equivalent hours) upon return from an FMLA-qualifying leave that does not exceed the maximum 12-week allotment. This right to reinstatement exists even if your employer replaced you while you were on... Read more »

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I would like to know how and if there is a way to address current child support order.

I struggled to obtain a well paying job last year, I was let go once and I was out of a job for a few months, currently with COVID my income was affected. The first child support order was at $345 when I was consistently earning a decent income, but I no longer work there and my hours fluctuate,... Read more »

Peter W Davis
Peter W Davis answered on Sep 18, 2020

Child support can be modified in Arizona at anytime upon a showing of substantial change in circumstances. This can be done by one of 2 methods, a simplified modification where you file, serve the other party and if they don't request a hearing the Court orders your modification. There is a... Read more »

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1 Answer | Asked in Employment Law for Arizona on
Q: Can an employer advertise a work from home position and then keep them in office?

I was hired into a work from home position. HR emailed me stating the position was 2 weeks in office for training and

then I would be working from home. 3 months later and I am still in office. I got covid 19 abt 7 weeks into the job. I requested to work from home and was told no. Can a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 2, 2020

In general, your employer can change the requirements of your job at any time. However, in some circumstances, you could have recourse under the Americans with Disabilities Act if your request to work from home is for a medically-related reason. If you are currently unable to work in the office... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Is it possible to modify child support\spousal maintenance on my own? I lost my job due to Covid-19

The spousal maintenance is "non-modifiable", I have paid 11 out of the 24 required months. The Child support does not mention whether it is modifiable or not.

Mike Branum
Mike Branum answered on Aug 25, 2020

While it is possible, your focus, at this point, should be on regaining employment. Your unemployment is, or at least should not be, a permanent change in your financial situation. Once you are again employed, you can input your new income figures into the child support calculator to determine if... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: I'm being forced into unsafe working conditions, what can I do?

I am a teacher at a school in Arizona currently a hotspot for the covid 19 pandemic. My employer is planning to reopen irrespective of benchmarks laid out by the Arizona Health department, putting me, my fellow teachers and students at risk. They have threatened legal action if I decide not to show... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 12, 2020

Additional information is needed to answer your question. Do you have a medical condition that places you at a higher risk for serious illness if exposed to COVID-19? If so, you could work with your doctor to request an accommodation in the form of teleworking to begin the school year. If your... Read more »

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: The other parent is trying to say I need to drop of my child at her house for school because she feels

He wouldn’t get the help here can she do that

Mike Branum
Mike Branum answered on Aug 2, 2020

These are unprecedented times. We have never seen school closures like this before. My best advice is to try to peacefully resolve this. You, your ex, your son: you all have a lot more stress in your daily lives due to the panic over this virus. Why add to it? You should both be engaged in his... Read more »

3 Answers | Asked in Probate for Arizona on
Q: My mom died without a will Dec 2, 2019. Her only major asset is the house, located in Park Scottsdale.

There is a reverse mortgage and credit debts, as well as this year's property tax, probably totalling a little over $300,000. This area is being re-developed- a teardown was bought across the street and the new build sold for 1,150,000. Our lot is about 1/4 acre, to be sold as is. How do I... Read more »

Ryan K Hodges
Ryan K Hodges answered on Jul 27, 2020

To be a small estate, the estate must have less than $75,000 in personal property (bank accounts, cars, investments, etc.) and less than $100,000 in equity in real estate. The valuation for the property is determined by the county tax assessed value. You can also deduct any mortgages owed on the... Read more »

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1 Answer | Asked in Divorce and Family Law for Arizona on
Q: My daughter lives in Glendora CA She is wanting a divorce. Can she move to AZ with the kids? he works in LA she online.

4 minor children 8yr to 14. Husband has anger issues and has physically harmed the children in past. She wants to move to AZ as she can afford to care for the children better then in CA. She is willing to drive them out to visit their dad. Counseling has started and husband admits he has anger... Read more »

Mike Branum
Mike Branum answered on Jul 22, 2020

You present one of those cases where there is a specific legal answer and then there is what is likely in the best interests of your daughter and grandchildren. To avoid any potential legal problems, your daughter should file for separation in California and request leave of the Court to relocate... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If I violated Probation and am upsconded would now be a good time to turn myself in?

I upsconded about a yr ago and have a felony warrant. No dangerous non repetitive. With the COVID-19 They don't seem to be keeping people in jail. So would this be an idea time to surender?

Stewart Salwin
Stewart Salwin answered on Jul 21, 2020

Now would probably be a better time than any other that I can think of. The court system is trying to keep people out of jail at the moment, and therefore they may be more likely to reinstate you on probation than to revoke it. Of course, that is assuming all other things being equal. More... 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 »

2 Answers | Asked in Bankruptcy for Arizona on
Q: During covid19 pandemic I've spent my 2019 return instead of relinquish to trustee on my rent. What are possible outcome

filed bankruptcy in January 2020. I recieved a 2019 return in February. Needing to pay bills because of lost income we used our return to pay rent. We lost over 2k monthly because wife was furloughed and unable to obtain a income.

Diane L. Drain
Diane L. Drain answered on May 15, 2020

This is a very serious situation. The trustee has an obligation to collect the estate's percentage of any non-exempt property, which includes tax refunds. If you have an attorney - contact them immediately. If you do not have an attorney - make arrangements to pay the appropriate amount to... Read more »

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1 Answer | Asked in Immigration Law for Arizona on
Q: What determines the length of stay on B2 visa - the stamp on passport and I-94 or is it fixed to max of 6 months?

Hello, my mom is an Indian Citizen and came to US in Nov 2019 on B2 visa. She was supposed to go back in Mar 2020 but due to Corona all the flights were cancelled. So now she is here and will be staying at least till june. By June she would have passed 6 months/180 days of stay in US. On her... Read more »

Adan Vega
Adan Vega answered on Apr 28, 2020

The FORM I-94 controls the period of time that the visitor can remain lawfully in the U.S.

Prior to the expiration of the B-2 status, your mother should proceed to file the FORM I-539 with USCIS to request an extension of the B-2 status.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: Broke lease due to Job loss. Rent was current and prepaid 1m security dep. Owner listed for $225 higher. Unreasonable?

Was only 5m into 12m lease. Explained job loss (COVID). Landlord was understanding. Paid full rent ($1875) on the first, and was out on the 8th. Had also paid a full month of rent as security deposit and $500 in non-refundable cleaning fees. Was hoping landlord could get re-rented within the 7... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 14, 2020

I recommend that you consult with a real estate attorney if your landlord makes a claim against you for additional rent. Your landlord must mitigate its damages under Arizona law and the reasonableness of the landlords attempt to re-rent is a fact issue for the judge to decide should a claim be... Read more »

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