Jason Scott Treguboff’s Answers

You can ask the court to order her to be responsible for her community portion of the debt. Whether or not the court will grant your request will depend on the testimony and evidence provided to the court. I had a similar situation in one of my cases where the wife's mother loaned the parties money with no written agreement. The court ordered that the husband and wife were each responsible for 50% of the remaining balance. You should speak to an attorney to determine how you should proceed.

As long as you take the funds out after you file your bankruptcy you should be fine. Qualified retirement accounts are exempt from bankruptcy in AZ. There may be penalties for early withdraw of funds from your retirement account depending on the specific facts of your situation. You should speak to a local bankruptcy attorney about the specific facts of your situation to ensure you get the maximum benefit from your bankruptcy. Many firms offer free consultations.

In Arizona, the martial community ends on the date of the service of the petition, assuming a final decree is entered. So you would generally be entitled to 50% of the value of the 401k from the date of marriage till the date you were served. If for some reason you contributed your separate funds to your husband's 401k after the date you were served, you may be entitle to reimbursement for those funds. However, you should speak to an attorney about the specific facts of your case. You will...

It appears you have sufficient grounds to request sole custody and supervised parenting time. ARS 25-403.03 prohibits Arizona courts from awarding joint custody if there is a finding of significant history domestic violence. Additionally, if one parent has committed an act of domestic violence against the other parent, there is a rebuttable presumption that joint custody is not in the child's best interest. Finally, the fact that your the father appears to be a convicted sex offender...

In Arizona, relocation is governed by A.R.S. 25-408. To relocate children outside of the state or more than 100 miles within the state, the relocating parent must give the other parent notice of their intent to relocate the children. The parent wishing to relocate the children has the burden of proof of showing that the proposed relocation is in the best interests of the children. A.R.S. 25-403 and A.R.S 25-408(I) list the factors the court will consider when determining if the proposed...

Whether or not you have to give your husband notice depends on several factors. For instance, you said you and your husband are separated but you did not indicate if there is a legal separation or if the two of you are just living apart. How long has it been since your husband has seen the children? 1 1/2 months or 1 1/2 years. Assuming there is a legal separation with a custody order, you would have to give your husband notice of your intent to move the children out of state. The laws of...

The provision in your decree stating "parenting time over 100 miles will be met 50/50" may refer to any costs associated with travel between the two of you. However, just ask your attorney to be sure. Be aware that relocation is governed by ARS 25-408. The parent wishing to relocate has to give the other parent 60 days notice of their intent to relocate the child. If both parents agree in writing, then there is no problem. However, if the non-relocating parent objects to the relocation...

Many attorneys offer limited scope representation. Try calling around. I believe Tarascio & Del Vecchio in Mesa offer limited scope representation.

I agree with Ms. Bundy. If he is violating the parenting time order and withholding the children, you can file a police report for custodial interference. That will help document everything. Then you can file a motion with the court to enforce the current order. You should speak to a family law attorney about your case. Many firms offer free consultations.

You do not need an attorney to petition the court to modify your custody arrangement. However, custody modifications are often very complex and difficult without the assistance of an attorney. Arizona courts make custody determinations based on what is in the best interests of the children. There are several factors the court considers. You can find them in A.R.S. 25-403. Modifying the legal custody arrangement from joint to sole, will basically give you the final say on major life...