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1 Answer | Asked in Child Support for Arizona on
Q: How do I stop my child support payments? My child is 19yrs old. The mother is in prison and yet I’m still paying.
Rich J. Peters
Rich J. Peters answered on Apr 28, 2020

You need to file a Petition to Terminate Income Withholding Order. In it, we would allege that you have no ongoing obligation and are current in your past obligations. You could also seek a judgment for any overpayments.

Please come in soon. We can certainly help you consider and then...
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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My exhusband died and we have 1 child. Both our names are listed on the title of his car. Is the car mine?

He was not married.

Nina Whitehurst
Nina Whitehurst answered on Apr 28, 2020

The car belongs to whomever it was awarded to in your divorce decree, notwithstanding that you or he did not update the title. If it was awarded to your husband, then it now belongs to his estate. This will be sorted out when his estate is probated.

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: I am seeking council on how to legally increase my parenting time to equal parenting time with my children?

Primary residence was granted to my children's father in August of 2018. I was ordered to have parenting time with my children only every other weekend. I was in graduate school at the time of the divorce to try to better myself and make a new life for my children and I which I believe hurt me in... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Apr 28, 2020

It has been over one year from the last Order so you can go back and ask for equal time if there have been substantial and continuing changed circumstances. Most attorneys have free initial consultations so that additional details can be discussed regarding this matter.

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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 Immigration Law for Arizona on
Q: Will cash assistance harm my spouse when applying for his green card? I obtain that assistance and not him.

Good morning, I have a quick question in regards to TANF/welfare. I’m a US Citizen if I have applied for government assistance while dating my future spouse whom I’m planning to petition.

Stephen Arnold Black
Stephen Arnold Black answered on Apr 27, 2020

You will still be able to sponsor him but you will need a joint financial sponsor to assist you with the case.

1 Answer | Asked in Social Security for Arizona on
Q: I live in AZ and collect SSI, my Wife collects SSDI, will her monthly payments effect my SSI payments, and if so, how
Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.

1 Answer | Asked in Social Security for Arizona on
Q: SSI payment question

I collect SSI and recently got married, my wife collects SSDI will her payments effect my SSI payments and if so, what is the formula used for calculations?

Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.

1 Answer | Asked in Social Security for Arizona on
Q: What does social security consider twelve consecutive months?

This concerns someone in prison on SSI. If she was arrested and put in jail on June 19, 2019 and will be released on May 23, 2020, is that considered 12 consectutive months and they would have to refile for SSI and start the process again?

Thank you.

Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

I don't believe so, because the period of ineligibility starts July 2019, so I only count 11. Having said that, her SSI record will likely go into a terminated status and they'll have to start a new one, but that does not require a new medical decision. This should only involve a redetermination,... Read more »

1 Answer | Asked in Social Security for Arizona on
Q: SSI payment question

I collect SSI and recently got married, my wife collects SSDI will her payments effect my SSI payments and if so, what is the formula used for calculations?

Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Claimant reported injury, supervisor failed to submit employer report of injury. 6 7 months after supervisor no longer

with company, an employee and employer was submitted. Commission informed carrier of claim. 21 days passed carrier did not submit acceptance or denial of claim. what are the claimants options?

Joel Friedman
Joel Friedman answered on Apr 23, 2020

Hello, thank you for your question. If you are off work and the insurance company did not accept or deny the claim then they are supposed to pay you until the claim is denied if that's what's going to happen. If you have medical bills those have to be paid also until something is done with the... Read more »

1 Answer | Asked in Personal Injury for Arizona on
Q: If someone is doing work in your house (tiling the floor) and gets hurt during the job, can he sue the owner of house?
Tim Akpinar
Tim Akpinar answered on Apr 23, 2020

They could. But in such cases, insurance carriers issuing the homeowner policies generally argue that the injury would fall under workers' comp. But each situation could be unique. If an injury was due to a defect, negligence, or some element in the control of the homeowner, a court could find the... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I have warrant for first time DUI in Arizona for over three years. Does having a warrant that long increase jail time?
Stewart Salwin
Stewart Salwin answered on Apr 23, 2020

There are no guarantees as to what will increase or decrease jail time. Arguments to "aggravate" or "mitigate" a sentence can be made by the defense attorney and the prosecutor, and the judge will ultimately make the decision. If your defense attorney can successfully show that the 3 year-long... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I was charged with a DUI @my arrangement hearing the judge said there was no probable cause but still have court why
Stewart Salwin
Stewart Salwin answered on Apr 23, 2020

An attorney would need to look at the docket for your case and see what type of court hearing you have. It's hard to say with the current information provided.

1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for Arizona on
Q: Pretended to being a criminal online

If someone pretended to be a criminal online and someone reported them, what could happen? This guy is an idiot and was using an app called "Whisper" and told people he was a rapist but never actually raped anyone, he was just getting off.. If he was reported, how much trouble could he get in?... Read more »

Stewart Salwin
Stewart Salwin answered on Apr 23, 2020

As to the first part of your question: A general criminal law principle known as the corpus delicti rule provides that a confession, standing alone, isn’t enough for a conviction. The rule is designed to prevent wrongful convictions, and originates from the phenomenon of false confessions.... Read more »

2 Answers | Asked in Estate Planning for Arizona on
Q: Will a trust with specific recipients, keep property and funds to those individuals if I exclude spouses and ex's?

or will CA or AZ law grant 50% to spouse? This includes equity in home to be kept as family home and an account of $100000. Is there a safe way to avoid the 50%

Ryan K Hodges
Ryan K Hodges answered on Apr 23, 2020

Gifts or devises made to a married person in AZ do not automatically become community property. They are retained as separate property unless the married person does something to compromise that status like putting the money into a joint account with the spouse. This can be avoided by keeping the... Read more »

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1 Answer | Asked in Employment Law for Arizona on
Q: My employer wants me to return to work asap during covid. I signed a paper stating that they want us to return 4/30/2020

I am currently home schooling my children and still feel unsafe returning to work. Do i have the right to tell them I will return on the date provided on the paperwork i signed.

Rhiannon Herbert
Rhiannon Herbert answered on Apr 22, 2020

This will depend on the size of your employer and what services it provides. If your employer has more than 50 but fewer than 500 employees and you are not employed in a healthcare or emergency responder role, then you may be eligible for additional partially-paid leave to care for your children... Read more »

2 Answers | Asked in Probate for Arizona on
Q: I am a trustee of my fathers estate and today i got a copy of a motion to disinherit me in the copy of the motion

i read that just a few days ago a judge ruled that the trust was invalid which in az i should of been notified in writting of that my sisters contesting the trust and i never recieved anything let alone a date that it was going to be in from of a judge now she put in a motion to get me disinherited... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 21, 2020

You need to hire a probate attorney immediately to review this matter and advise you. Once a motion is filed and sent to you there is a very short time window to respond. This is an urgent matter.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: I bought my home with a friend we are both legally the owners of the home. He does not live in this house anymore

I’m just looking for any further legal information that I could be aware of. So that he knows what’s in state for him and also for me of course.He has not paid the mortgage for about a year since he moved out he does not pay electric bills water bills or even any other home repairs that were... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 20, 2020

You and your friend remain partners in this home. He may continue to participate in any appreciation in value along with you. You can terminate the partnership by buying him out. You may need to refinance to do this. Or you can sell the home and divide the proceeds in a way fair to both of you.... Read more »

1 Answer | Asked in Legal Malpractice for Arizona on
Q: Is it legal for my accident lawyer to disclose if my case settled?

I'm 25..not a minor by any means. My mother called my attourney and asked for details about my case, which they told her had been settled. I didnt want her to know..its completely destroyed our relationship.

Tyler Young
Tyler Young answered on Apr 20, 2020

Sometimes yes, sometimes no. Often settlement agreements are "confidential" meaning there is language in your settlement agreement with the insurer and/or defendant that requires you and the lawyer not to disclose the terms of your settlement; except to a few types of people (bankers, tax... Read more »

1 Answer | Asked in Landlord - Tenant for Arizona on
Q: Am I able to evict my fiance's adult daughter?

She had no place to go after her lease was up back in charlotte NC. My fiance and I let her move in with us in Buckeye Arizona. She was told the rules in the household including: getting a job, coming home at a decent hour if she went out, assist in household chores, and pay for room and board... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 20, 2020

Are you the owner of this home? Will you have your husband's support? If so, you and your husband can evict your husband's daughter. Governor Ducey has issued an Executive Order placing a temporary stay on residential evictions. If your circumstances are covered by this order, your eviction may... Read more »

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