Posted: 12/27/2010 8:59:03 AM EDT
|
Good day AZHTF,
My BIL is in the need of some help and I am trying to give the best possible advice. Due to lack of time and lack of knowledge of AZ laws, I thought it best to see if some of you could assist. Issues- recently lost his job, has young children and has had to sell the house. Assistance needed - due to finances, he will more that likely not be able to hire an attorney. Or have money for a long drawn out process. Are there any good services/practices that have say free consults? Based on AZ law, what is child support like? Alimony requirements? Likelyhood of him gaining custody or being granted visitation.(Or reasons to deny him) TIA |
|
Quoted:
Good day AZHTF, My BIL is in the need of some help and I am trying to give the best possible advice. Due to lack of time and lack of knowledge of AZ laws, I thought it best to see if some of you could assist. Issues- recently lost his job, has young children and has had to sell the house. Assistance needed - due to finances, he will more that likely not be able to hire an attorney. Or have money for a long drawn out process. Are there any good services/practices that have say free consults? Maricopa Superior courts offer free paralegal assitance in filing and or responding to filings. See the court... Based on AZ law, what is child support like? Alimony requirements? Child support is based on a formula of total gross earnings of both added together and then per the chart(available at the court) and the number of children. then add child care and insurance to the amount. Take the percentage of each parent times the total and that is the amount. Spousal maintinence is dependant on totally on earnings. If BIL is unemployed then chances for alamony is almost zero. Likelyhood of him gaining custody or being granted visitation.(Or reasons to deny him) Reasons to deny custody or visitation requires proof of abuse etc.(no matter what the the other spouse says it has to be documented by CPS and police and courts) Just make sure that he shows up to ANY hearings and make sure that in his filings or response that he requests mediation and that he keeps his cool at all times no matter what is said by the spouse. that he always projects a co-operative positive attitude and tone(it will be worth more then gold!) TIA The Superior Court is still biased on the 60's and 70's but if the father does his part it will minimize the damage to his finances. borrow money, sell anything and do what ever he can but get a Lawyer! |
|
much less time than that.
two types of eviction processes (actually called forcible detainer here in AZ) Both begin with service of notice to the tenant, which starts the clock. One is for non-payment of rent (5 day notice) and the other is for some other breach of the lease (10 day notice) Say you the tenant don't pay as agreed; the landlord can serve you with a 5 day notice. Either served in person or posted on the door (should be sent certified mail as well if posted on the door) Tenant is assumed to have received the notice 5 days after mailing. If the tenant doesn't cure the deficiency (5 day or 10 day notice) then the landlord can file in the appropriate court for a forcible detainer. Trial takes place about 5 days after filing, and the tenant should be served professionally no fewer than 2 days before trial. If the landlord wins at trial, court orders the property back to the landlord, but doesn't automatically grant a writ of restitution allowing the landlord to take possession of the property, turn off the utilities, and lock up the tenant's belongings. That takes another 5 days or so. So figure at the earliest, 15 days from notice to trial, and another week to be evicted if he pushes it. Definitely less than a month though. |