Arizona Family Law Laws

Am I Required to Report Child Abuse | Scottsdale Child Abuse

Chris Hildebrand

 

Reporting Child Abuse in Scottsdale

Hello, I want to speak today about whether you are required to report child abuse and if so to whom you report that concern about child abuse. Unless you are a mandatory reporter or the care provider for a child, you do not have an obligation to report a suspicion of child abuse to law enforcement or child protective services.

Mandatory Reporters

Although, as parents and members of our community, we would hope that we would all report any concerns of abuse you may not be required to do so. A mandatory reporter in the state of Arizona however, must always report a concern of child abuse.

Mandatory reports include, but are not limited to teachers and school personal, medical personal such as nurses and doctors, counselors and psychologists, any care giver for a child, such as a day care provider or any other person who is in the position of caring for a child. If you have any other questions regarding whether you have a duty of reporting suspected child abuse, please feel free to contact me.

For more information on whether or not you are required to report child abuse in Arizona, please contact a Scottsdale child abuse lawyer.

By: Chris Hildebrand

Reporting Child Abuse in Scottsdale

Hello, I want to speak today about whether you are required to report child abuse and if so to whom you report that concern about child abuse. Unless you are a mandatory reporter or the care provider for a child, you do not have an obligation to report a suspicion of child abuse to law enforcement or child protective services.

Mandatory Reporters

Although, as parents and members of our community, we would hope that we would all report any concerns of abuse you may not be required to do so. A mandatory reporter in the state of Arizona however, must always report a concern of child abuse.

Mandatory reports include, but are not limited to teachers and school personal, medical personal such as nurses and doctors, counselors and psychologists, any care giver for a child, such as a day care provider or any other person who is in the position of caring for a child. If you have any other questions regarding whether you have a duty of reporting suspected child abuse, please feel free to contact me.

For more information on whether or not you are required to report child abuse in Arizona, please contact a Scottsdale child abuse lawyer.

By: Chris Hildebrand

What is a Wage Assignment | Scottsdale Child Support

C.D. Owens

 

Wage Assignments

A wage assignment is something that the court does when the payer of child support is employed, if he has a job, an employer, somebody who pays him salary twice a month or once a month. The court will issue an order to his employer instructing him to deduct the amount of child support on the court’s order for child support from his salary each time a check is written to him.

So it can be twice a month, once a week, once a month and any changes that the employer wants to make, needs to make has to go through the court. If anyone has any difficulty with that, they are free to call us anytime.

By: CD Owens

Wage Assignments

A wage assignment is something that the court does when the payer of child support is employed, if he has a job, an employer, somebody who pays him salary twice a month or once a month. The court will issue an order to his employer instructing him to deduct the amount of child support on the court’s order for child support from his salary each time a check is written to him.

So it can be twice a month, once a week, once a month and any changes that the employer wants to make, needs to make has to go through the court. If anyone has any difficulty with that, they are free to call us anytime.

By: CD Owens

Does the Court Consider Separate Property When Determining Alimony | Phoenix Divorce Laws

Erik Bergstrom

 

4 Factors to Determine Alimony Eligibility

In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.

Separate & Community Property

In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.

Determining Amount & Duration

The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.

By: Attorney Erik Bergstrom

4 Factors to Determine Alimony Eligibility

In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.

Separate & Community Property

In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.

Determining Amount & Duration

The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.

By: Attorney Erik Bergstrom

Alan Cochran - Profile Video | Scottsdale Divorce Attorney

Alan Cochran

 

Attorney Alan Cochran

I take on your case as though it were my case. I’ve been practicing a lot for 25 years primarily in the family law arena. Other areas have been civil litigation, juvenile law, and probate and estate. I’m primarily doing what I do for the best interest of the children. I have a five-year-old, so I’m very into the well-being and the best interest of the children. Clients can expect from me a compassionate, experienced and somewhat aggressive type representation. I represent you and your ideals and your request to the degree that I can under the ethical rules of the law. And gain what we’re able to gain in the process in your family law case.

By: Alan Cochran

Attorney Alan Cochran

I take on your case as though it were my case. I’ve been practicing a lot for 25 years primarily in the family law arena. Other areas have been civil litigation, juvenile law, and probate and estate. I’m primarily doing what I do for the best interest of the children. I have a five-year-old, so I’m very into the well-being and the best interest of the children. Clients can expect from me a compassionate, experienced and somewhat aggressive type representation. I represent you and your ideals and your request to the degree that I can under the ethical rules of the law. And gain what we’re able to gain in the process in your family law case.

By: Alan Cochran

How Do I Calculate Child Support in Arizona | Hildebrand Law, PC

Chris Hildebrand

 

How to Calculate Child Support in Arizona

I want to talk to you today about how you calculate child support in Arizona. The Arizona child support guidelines in turn, use what is referred to as an income shares model for the calculation of support.

We need to know both parent’s monthly gross income, from which a basic child support amount is derived from the guidelines and to that number we add in the cost of health insurance, the cost of daycare and if the children are in private school, then the private school expenses. Then we determine which of the two parents is a primary custodial parent.

By: Chris Hildebrand

How to Calculate Child Support in Arizona

I want to talk to you today about how you calculate child support in Arizona. The Arizona child support guidelines in turn, use what is referred to as an income shares model for the calculation of support.

We need to know both parent’s monthly gross income, from which a basic child support amount is derived from the guidelines and to that number we add in the cost of health insurance, the cost of daycare and if the children are in private school, then the private school expenses. Then we determine which of the two parents is a primary custodial parent.

By: Chris Hildebrand

How Does Genetic Testing Affect Paternity | Arizona

Kip Micuda

 

Genetic testing generally comes up in the context of a paternity petition. A paternity petition can be filed during a pregnancy or after the child is born. Once the child is born, the court is going to order genetic testing. The court will order the mother, the child and the potential father to undergo testing. The court has complete discretion as to assigning the cost of that genetic testing. It can assign the cost to the mother, the father, or split the cost somehow. Another context where genetic testing may come up is when the department of economic security is looking to establish paternity. In that case, DES will shoulder the cost of the genetic testing. If you have any other questions concerning this matter or any other family law matter, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

Genetic testing generally comes up in the context of a paternity petition. A paternity petition can be filed during a pregnancy or after the child is born. Once the child is born, the court is going to order genetic testing. The court will order the mother, the child and the potential father to undergo testing. The court has complete discretion as to assigning the cost of that genetic testing. It can assign the cost to the mother, the father, or split the cost somehow. Another context where genetic testing may come up is when the department of economic security is looking to establish paternity. In that case, DES will shoulder the cost of the genetic testing. If you have any other questions concerning this matter or any other family law matter, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

How Do You Reclaim Your Maiden Name | Arizona

Kip Micuda

 

Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.

If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.

By: Attorney Kip Micuda

Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.

If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.

By: Attorney Kip Micuda

What Happens to Retirement Accounts During a Divorce | Phoenix Divorce Laws

Erik Bergstrom

 

Community Property vs Separate Property

In Arizona, all property acquired during the marriage is presumed to be community property, while all property owned prior to the marriage is the sole and separate property of that spouse. In a divorce, the court must allocate the separate property to the appropriate spouse and equitably divide all of the community property between both spouses.

Retirement Accounts

If your retirement account was earned entirely during the marriage, then it is presumed to be community property and will be divided equitably, which basically means equally, if your retirement account was earned partially before marriage and partially during the marriage, then it has both a separate property and community property component. The division of these mixed accounts is much more difficult and often requires an expert, such a financial analyst or CPA, to calculate the separate and community portions of the account.

Qualified Domestic Relations Order

To implement the division of certain retirement accounts, a qualified domestic relations order, or a QDRO, may be required. Division of retirement accounts can be confusing and complicated, and it is recommended that you seek advice from an experienced attorney if these issues are present in your divorce case. If you would like more information, please contact me.

By: Attorney Erik Bergstrom

Community Property vs Separate Property

In Arizona, all property acquired during the marriage is presumed to be community property, while all property owned prior to the marriage is the sole and separate property of that spouse. In a divorce, the court must allocate the separate property to the appropriate spouse and equitably divide all of the community property between both spouses.

Retirement Accounts

If your retirement account was earned entirely during the marriage, then it is presumed to be community property and will be divided equitably, which basically means equally, if your retirement account was earned partially before marriage and partially during the marriage, then it has both a separate property and community property component. The division of these mixed accounts is much more difficult and often requires an expert, such a financial analyst or CPA, to calculate the separate and community portions of the account.

Qualified Domestic Relations Order

To implement the division of certain retirement accounts, a qualified domestic relations order, or a QDRO, may be required. Division of retirement accounts can be confusing and complicated, and it is recommended that you seek advice from an experienced attorney if these issues are present in your divorce case. If you would like more information, please contact me.

By: Attorney Erik Bergstrom

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