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Scott A Macleod

Scott Macleod’s Answers

637 total


  • What can I file to force my spouse to explain each false statement she has put on all the documents and has said under oath?

    My lovely spouse has filed for divorce and her attorney has thrown numerous accusations at me which are all false. What motion can i use to force her show her proofs to back up her statements?? I have all the proofs I need to show she has not been...

    Scott’s Answer

    Thank you for the questions and comments. It is unfortunate you are have to experience such a divorce proceeding. It sounds (reads) like she filed a petition for divorce. Have you filed a response / answer yet?

    Once you file a response, the court or your ex will call for or schedule a Resolution Management Conference. Either before or at the hearing, you may request disclosures from your wife. But, we must warn you -- if she has an attorney, it could be very challenging. Family court rules can be hard to understand.

    Many attorneys offer free consults on these matters. Call or email to schedule a no cost discussion.

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  • Can I change my response to a petition to establish legal decision making (custody) and parenting time only

    I already filed my response, but he is very hostile and has not attended any of her physical and/or speech therapies. Therefore he doesn't know what to feed her or work with her on.

    Scott’s Answer

    Thank you for the questions and comments. As long as you did not verbally affirm any court orders at the Resolution Management Conference or other hearing, OR there is no decree then yes, you can amend your response.

    Before the decree, everything is negotiable. Your response / answer is your wishes but of course, those can change through time.

    Now, changing or amending may not be easy and your situation may become more challenging. Many attorneys offer free consults on these matters.

    Call or email to schedule a no cost discussion.

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  • CAN MY HUSBAND LEAVE STATE WITH MY CHILD?

    I JUST LEFT MY HUSBAND A WEEK AGO WITH MY 5 YR OLD AND TOOK YOUR ADVICE OFF HERE AND LET HIM TAKE HER OVER NIGHT AND WHEN SHE COMES HOME IS CRYING ABOUT DADDY MOVING WITHOUT HER. HE CANT BE TRUSTED SO WHAT CAN I DO IF HE TAKES HER?

    Scott’s Answer

    Thank you for the questions and comments. You probably want to file a petition for divorce. In the petition you will make demands for parenting time, decision making and possibly child support. If you are afraid that he may take the child more than 100 miles from you soon, you can also petition the court for temporary (emergency) temporary orders that clearly establish when and where the child should be in the future. In other words, if you have a court order and he breaks those orders (by removing her from the state) then he would in contempt of court, etc. You could immediately contact law enforcement and inform law enforcement of his violation of the court orders.

    Many attorneys offer free consults on these matters. Call or email to schedule a no cost discussion.

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  • Should I go to the court to see what is going on, or should I just do nothing?

    I received a legal looking document today in the mail, it says that there is a judgment against me from 2001 (exhibit 1) and that is being transferred 15 years later to some new company (exhibit 2)... I never knew I had a judgment from 2001 and no...

    Scott’s Answer

    Thank you for the questions and comments. If there is a CV number, there should also be an assigned or issuing court. Look for info on the court.

    Many attorneys / firms could probably offer a free phone call to a little research for you in regards to this possible judgment. Call or email to schedule a no cost discussion.

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  • Am I entitled to any of the money my step mom received from my dad's death?

    My dad passed away about a year ago and my step mom received money from his death. My step mom "promised" my sister and I 15,000 dollars each. My sister and I have not received any money though. Are we entitled to any of that money? Or is it compl...

    Scott’s Answer

    Thank you for the questions and comments. Did your dad have an estate planning instrument in place? A trust or a will?

    Also, what do you mean by "promise?" How did your stepmom promise to give you some of the estate? Did she put that promise in writing?

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  • How do I find out if an attorney is charging too much

    My HOA bill went to foreclosure. The total in arrears is 5000 but somehow I am paying 13000 an attorney's fees. How can I verify that this is correct or if I'm being overcharged

    Scott’s Answer

    Thank you for the questions and comments. First off, what do you mean by "My HOA went to foreclosure?" Are you suggesting that your HoA has filed a complaint or other documents with the Superior Court seeking to remove you or others from the home?

    That sounds like an extreme amount of attorney's fees, but your first question may want to consider whether the HoA is seeking foreclosure and do they have valid legal grounds for doing so.

    Is there equity in the home? In other words, is the home worth more than the total amount of obligations, liens etc on the home? More then the 1st mortgage, 2nd mortgage...

    There are alternatives to paying that full amount of alleged debt.

    Many East Valley attorneys offer free consults on matters such as this. Call or email to schedule a no cost discussion.

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  • Can mother have her decision making rights back?

    My boyfriend filled for parental time and child support on himself for his 6 yr old daughter asking for everything to be 50/50. Mother was served and they both attended the early mediation meeting and did not agree so where given a resolution mana...

    Scott’s Answer

    Thank you for the questions and comments. Yes, there are several types of different approaches the "ex" could take including motions and other remedies.

    She may not have been properly served. There may have been errors made. All of these could lead to a new hearing.

    If she hires and attorney or attempts further litigation, contact an attorney.

    Many firms offer free consults on these matters. Call or email to schedule a no cost discussion.

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  • Legal decision making

    My ex fiancé enrolled my oldest son who is 4 years old in kindergarten without my permission got him tested in after I said no to the school the district and the fact that he is 4 years old our parenting plan clearly states that we make all major...

    Scott’s Answer

    Thank you for the questions and comments. Has the Court ruled on your motion? Ultimately, you need a Motion to Enforce the decree or even a Motion requesting the Court find your ex in contempt. Given that school probably starts very soon, you want to get on top of this.

    Did you serve the Motion to her attorney? Or her? Get proof of service then get some help with working on your Motion and setting a resolution conference or other hearing on the matter. You may want to get the help with also filing emergency temporary orders. This could be the quickest way to get in front of a judge or get an order.

    Many attorneys offer free consults on these matters and can arrange for an in-person meeting in the far West Valley, such as Surprise. Call or email to schedule a no cost discussion.

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  • If I'm suing a company owner who also is the owner of two vehicles and a house and he files for bankruptcy what happens?

    Will I get nothing? If I am still entitled to receiving monies from the company owner, will he be forced to pay the amount I am awarded, will monies be garnished from his company?

    Scott’s Answer

    Thank you for the questions and comments, First off, it depends on the nature of the alleged debt / harm to you. Is this a lawsuit based on a contractual agreement? Etc.? While most debts ARE discharged in a classic chapter 7 bankruptcy, he could be filing a chapter 13 bankruptcy which may allow for a trustee to forward some of the debt back to you over a 3 to 5 year period.

    Now, the debt may not be discharged OR you may be able to prove to the bankruptcy court that the debt should not be discharged for a variety of reasons. Such proof is not easy, but you have the opportunity to fight the discharge of this debt. As a person with a claim against them, IF he files for either chapter 7 or 13 (or even an 11 for his company) you should receive notice of the filing and have an opportunity to review his petition for BK. You would also have an opportunity (or your counsel) to question the owner at a meeting convened by the trustee call a "341 hearing of creditors." This could be a good opportunity to explore what assets he may have. Most creditors employ an attorney for each of these steps if not all.

    Many attorneys offer free consults on these matters. Call or email to schedule a no cost discussion.

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  • So I am about to start the divorce process. He currently stationed in another state. He wants me to abandon my kids to live him.

    He gets stressed & has said he gets depressed & I think suffers from anxiety. He can’t make a decision & stick with them. We have had nothing but an up & down roller coaster of a relationship since the beginning because of his behavior. He drinks ...

    Scott’s Answer

    Thank you for the questions and comments. Yes, it may be possible to get sole custody and decision making. First and foremost, the court will consider the best interest of the children. If an order for you to have sole custody is in the childrens' best interest then it is certainly possible.

    Have you discussed your concerns with your partner? Have you noted that you are ready for a divorce? The process can be taxing. Be prepared for a fight, especially if you insist on sole custody.

    His drinking habits could be an important factor for the court. The court can order testing, etc.

    Many attorneys offer free consults on these matters including free in-person discussions in the far West Valley, such as Surprise. Call or email for a no cost discussion.

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