My husband’s grown children are claiming he is “severely demented” in order to claim guardianship. I have POA. Can they do this?
David's answer
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Answered on October 17, 2019
A person's adult children are allowed to file a guardianship case if they think the person is no longer able to make decisions for themselves. ...
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Me and husband are divorcing we both are seeing new people, what happens if either of us has a child before divorce is final??
David's answer
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Answered on October 10, 2019
There's a presumption that a child born to a married woman is the husband's child but as long as everyone agreed that the new child was not common...
Archived
Do I have to pay back a $$$ gift ?
David's answer
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Answered on October 07, 2019
The short answer is "it depends what the trust says," so you should probably take the trust document and the gift letter to a probate or estate...
If my child’s mother has her lawyer request stipulation of income during modification, do I have to respond to the attorney?
David's answer
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Answered on September 30, 2019
Generally in a simplified modification for child support the party who is seeking a change proposes what they think the new amount should be and if...
Archived
Did my trustee breach fiduciary duty by allowing me to walk away from a large portion of my trust?
David's answer
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Answered on September 27, 2019
Unless the trustee tricked you or didn't keep their part of your agreement in some way it doesn't seem likely that you'd have a claim against them....
Archived
What qualifies as spouse abandonment in Arizona?
David's answer
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Answered on September 26, 2019
Unless you have a covenant marriage, you don't need to prove "abandonment" and except for your husband's financial transactions, it likely will not...
Can you get a marriage license for a wedding in the future, without a finalized divorce in AZ?
David's answer
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Answered on September 25, 2019
In Arizona, the marriage license is valid for up to 12 months after it is issued, so as long as your divorce will be final within that time, you...
Archived
Do I have to allow child to leave state to visit other parent?
David's answer
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Answered on September 24, 2019
Your current orders are not going to work with you two living in different states so it would be a good idea to petition for a modification of...
Archived
Copies of filed case papers differ from orig!!
David's answer
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Answered on September 23, 2019
It sounds like your case is finished, and if so, the most important document to be sure is correct is the final decree, which may include a...
Can the court use VA disability payments in child support calculation?
David's answer
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Answered on September 19, 2019
While there are sometimes restrictions on whether and how much a state court can directly garnish VA disability payments, if those benefits are a...
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