Archived
How should I go about getting my kids back from they’re dad who is refusing to return when they have lived with me since birth ?
Jay's answer
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Answered on December 22, 2019
You’ll need to file a petition to establish legal decision-making and parenting time. Without a court order there really isn’t any mechanism for...
Archived
Can an expert witness cherry pick facts, and ignore others, giving deference to one side, and then give a false summary?
Jay's answer
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Answered on December 21, 2019
An expert witness is not required to be impartial, no. As my colleague alluded, it will be the adverse party’s responsibility to effectively cross...
Can a credit card company come after a spouse for an unpaid balance in a Civil Summons?
Jay's answer
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Answered on December 21, 2019
In Arizona, debt acquired during a marriage is presumed to belong to both spouses even if it’s only in one spouse’s name. So if the credit card...
Archived
Amended petition granted, now what?
Jay's answer
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Answered on December 21, 2019
Yes you file the petition and serve it like the original. The opposing party must respond or you could seek default judgment.
How do I object to the validity of a defendant's rule 68 offer of judgment?
Jay's answer
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Answered on December 19, 2019
You don’t object, you just decline it if you believe it’s too low. The purpose of an offer of judgment is to set a bench mark amount that if you do...
Archived
"no waiver of any right arising from any breach or failure to perform" clause
Jay's answer
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Answered on December 19, 2019
No, waiver only exists if the contract is valid and enforceable. If the argument is that the entire contract is defective and it prevails, none of...
Archived
Waiving any and all rights they may have to object to the method by which service was perfected.
Jay's answer
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Answered on December 19, 2019
Insufficiency of service is a defense waived if not asserted before an answer is filed (or contemporaneously). Often this will be asserted in an...
What does "Stop/Mod OOA IWO granted" mean?
Jay's answer
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Answered on December 19, 2019
Yes, it appears that way. OOA stands for order of assignment and IWO stands for income withholding order. You should register for ECR or visit the...
Is moving a lot considered unstable in a court of law even though i have reported every move to the court
Jay's answer
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Answered on December 19, 2019
It can be a factor in parenting time determinations, yes. But the other parent would have to prove how it has adversely affected your child.
Disclaimer deed during home closing?
Jay's answer
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Answered on December 18, 2019
It is common for lenders to require disclaimer deeds from spouses who are not on the mortgage. When you sign the deed, you make the house your...
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