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Scott A Macleod
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Scott Macleod’s Answers

853 total


  • Is hiring an attorney for a child support hearing necessary or overkill for contested simplified process?

    I have been told that I really don't need a lawyer for child support modification. That it will be based on our tax returns and paystubs and that is it. My ex does have a lawyer. He is trying to impute earnings that have never been made now or his...

    Scott’s Answer

    Understood. It can be tough to hire an attorney or take on something that may seem so obvious, but often it is not. It sounds (reads) like you may be facing an evidentiary hearing. An evidentiary hearing is very similar to a trial. It can include the introduction of evidence through exhibits (documents) and the production of testimony by witnesses. Imputing income or the lack of it can be accomplished by presenting evidence. Conversely, your attorney could attempt to block such evidence, mitigate the importance of your ex's evidence or present proof that could help you.

    A veteran attorney would be able to explain why what may seem minor right now could be really important at your evidentiary hearing. The court may look for things or weigh types of evidence that you may think are trivial. The introduction of "standards" of income and living expenses may be allowable. The spectrum of evidence his attorney may try to introduce may be unlimited...unless you have an attorney as well. Facing opposing counsel alone is perilous.

    Many attorneys offer free consults on these matters. No cost discussions that can take place in Tempe. Call or email for a free consult before you walk into an evidentiary hearing.

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  • Can I have a demand letter drafted without retaining an attorney?

    I need to have a demand letter drafted requesting a debt be cleared from my account. I have the documents showing the debt is invalid but the debtor will no longer communicate with me. Instead of doing a demand letter myself, I feel one coming fro...

    Scott’s Answer

    Thank you for the questions and comments. Sure, an attorney should be able to draft and submit a demand letter on your behalf. First, I would look for a team that works commonly with debts and creditors.

    It is allowable to just enter into an agreement with the attorney on a flat fee, demand letter only service. And it should be rather inexpensive. Hard to imagine it would take all that many resources for counsel to draft the letter.

    Many attorneys offer free consults in regards to debts, creditors and demand letters. Call or email to schedule a free consultation.

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  • Given the limited info above, how will a civil court handle this case? Will it defer to family court? for damages?

    Ex-wife filed bk, stopped paying loans in my name; huge financial hardship to me. She was awarded marital home, and given 24 months to re-fi or sell home. She was ordered to pay first and second mortgages and to "indemnify & hold me harmless" ag...

    Scott’s Answer

    Thank you for the questions and comments. Yes, therection are remedies available in the family Court and civil court.

    Violating the court'system order even though she files a BK is an actionable violation. She can be found in contempt, etc.

    In addition, a judgment and then enforcement could be sought in the civil court but it is tricky given her BK filing. With a judgment then a lien could quickly follow. While pursuing the lien, there are steps that could be taken to help insure the property is not lost.

    Many attorneys offer free consults on these matters. No cost discussions that can take place in the North Valley such as Scottsdale. Call or email for a free consult.

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  • How to divorce wife in AZ when married in Japan? I'm a military mbr, we lived in AZ for 3 yrs now, 10 yrs married, 2 kids

    Married wife in Japan, but live in AZ. How can I file for divorce in US? She was nationalized several years ago. We have 2 kids (3 & 9 yrs old), one of them has special needs. Just about everything is in my name other than utilities (in both of ou...

    Scott’s Answer

    Thank you for the comments and questions. Were you married on a military base in Japan? If it was a Japanese (state) sanctioned marriage, were there certain procedures followed that are common in Arizona marriages, if you know? Do you have the equivalent of a marriage license?

    There is a chance the Arizona Court would recognize your marriage and then you could petition the court as normal If not, then you still have the opportunity to petition the court for decisions in regards to child support, decision making for the kids, and custody (parenting time in Arizona). You are right, there are lots of factors at play here. Regardless, there is a good chance the Superior Court could help out.

    How are you getting along with her in the home? Did you purchase the home while married? Arizona is a community property state. Assets and debts obtained during the course of the marriage are presumed to be joint (both of yours, equally).

    Many attorneys offer free consults on these matters. No cost discussions that can take place in the West Valley, such as Goodyear. Call or email to schedule a free consult.

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  • How should you plead if you get a DUI on the reservation to avoid going to jail?

    My stepdaughter got a DUI on the reservation in Scottsdale, AZ, had her car impounded, and did not go to jail. How should she plead at the first hearing to avoid going to jail? And is it necessary for her to have representation?

    Scott’s Answer

    Thank you for the questions and comments. The prosecution of non-community (Indian community) defendants can be tricky. Does she have a future court date and if so, where is that court date? What court?

    There are lots of questions to be answered. What do you mean by "got a DUI?" Was she provided a citation? Was she detained? How law enforcement came to the conclusion that she was impaired due to alcohol is important.

    A DUI can be a serious thing especially with the different law enforcement and courts at play here. Plus, she may need help getting her car back. At the very least, she needs a free consult with an attorney.

    Many attorneys offer free consults. Call or email to schedule a no cost discussion that can take place in Scottsdale.

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  • What can I do to fight this Qualified Domestic Relations Order?

    Divorced in 1976. Thee is an item in the judgment that orders giving my ex-spouse 1/2 0f my future pension, valued at divorce date. In 1976 I only had 12 years of net credited service with my company. I ended up working for them for 26 years an...

    Scott’s Answer

    Thank you for the comments and questions. Indeed, this is a very challenging dilemma and legal question. First off, you really want to have an attorney review all of the documents and perhaps reach back into the archival records on your case. If true, and there is a present value given date of order (value at date of divorce) then you would want counsel to file a Motion to stop the QDRO. Do you have a copy of her QDRO?

    It sounds (reads) like something that you want to get on top of ASAP. Although you may prevail in the end and have a judgment noting she only gets a much smaller amount, once she is distributed the possible 50% then you have to collect some of the proceeds back from her. That could be a nightmare, in essence, trying to get the money back.

    Many attorneys offer free consults on these matters. No cost discussions that can take place in the West Valley, such as Peoria. Call or email for a free consult and free document review.

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  • Set aside/Expungment probability.

    So, I have some cases I would like to get set aside. I have a class 6 felony and a misdominor in Maricopa superior court, and a misdominor in Gilbert and Scottsdale. The felony is agg assault no dangerous. I have not been in trouble in 4 years. I ...

    Scott’s Answer

    Thank you for the questions and comments. Whether ALL of your cases are set aside is impossible to say. An attorney needs to review each and every conviction because not all convictions in Arizona are eligible to be set aside. Also, if you want each set aside, they will be weighed separately by the court.

    If the felony (agg assault) is eligible, I would start there. A Motion to Set Aside along with exhibits (evidence) should be submitted to a Superior Court judge. Since it sounds like you did well on probation, that could be quite helpful (I used to be an adult probation officer with Maricopa County). If desired, then simultaneous to your Motion in the Superior Court, counsel could submit Motions in the Gilbert and Scottsdale courts.

    Many attorneys offer free consults on these matters. No cost discussions that include review of your documents (plea agreements, sentencing minutes, etc).

    Call or email to schedule a no cost discussion.

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  • With my current record will I be able to obtain a fingerprint card?

    I have 2 misdemeanors on my record. One in 2008 for domestic violence and one in 2012 for concealment, the shoplifting charge was dropped. I haven't been in trouble since and will finish my bachelor's in psychology later this year.

    Scott’s Answer

    We appreciate your questions. Unfortunately, without more information regarding the organization or entity that you want to get the fingerprint card through, it is very difficult to prognosticate whether you would be successful or not. More specifically -- a fingerprint card is necessary for what? What will you be getting the fingerprint card for? Were you placed on probation for either conviction? And if so, did you successfully complete the probation grant? Also, did you pay all applicable fees, fines and / or restitution?

    Arizona has a procedure for alleviating people of the consequences of some of their convictions. It is called a Motion to Set Aside Judgment. It is like an expungement. Most convictions in Arizona can be set aside but a thorough review of your court records would be essential.

    For many mental health and medical practitioners, a Motion to Set Aside offers the relief necessary to obtaining a license or fingerprint card.

    Attorneys throughout the Valley offer free consults on these matters. Call or email to schedule a no cost discussion.

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  • Can you be consider a felon with a class 4 felony if you didn't do prison time only did three months in county jail?

    I was charged with solicitation of sale of marijuana in 2010

    Scott’s Answer

    Appreciate the question. Unfortunately, most employers, organizations etc MAY define a felon as someone who is convicted of a felony. Since you were apparently convicted (signed a plea, found guilty and were sentenced to a felony) then it appears you were at least at one point, a felon. Were you placed on probation after your jail time and if so, is that probation grant over?

    In Arizona, there is a procedure wherein you may be able to avoid / discharge many of the consequences of conviction and the felony. It is called a Motion to Set Aside Judgment. Arizona does not have expungements, but it is very similar.

    An experienced attorney would submit to the court your Motion to Set Aside with evidence of your success in our community since the conviction. Most convictions can be set aside in Arizona, but not all of them. You would want an attorney to review your conviction.

    Many attorneys offer free consults on these matters which include no cost document review. The free consult can take place in the East Valley, such as Mesa.

    Call or email to schedule a free consultation.

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