Arizona Family Law Laws

What Happens to Child Support When a Parent Loses Their Job | Scottsdale Child…

Greg Davis

 

How Job Loss Effects Child Support

When a parent loses his or her job, the answer is nothing. Nothing happens to child support. A parent who loses his or her job continues to be obligated to pay the court ordered amount of child support, whether or not a parent is working, a parent has an increase in income, a decrease in income, it’s that parent’s obligation to modify child support and that parent should seek legal advice immediately upon losing his or her job. Call me for more information. Greg Davis, Davis Limited, (602) 279-1900.

By: Greg Davis

How Job Loss Effects Child Support

When a parent loses his or her job, the answer is nothing. Nothing happens to child support. A parent who loses his or her job continues to be obligated to pay the court ordered amount of child support, whether or not a parent is working, a parent has an increase in income, a decrease in income, it’s that parent’s obligation to modify child support and that parent should seek legal advice immediately upon losing his or her job. Call me for more information. Greg Davis, Davis Limited, (602) 279-1900.

By: Greg Davis

Impact of Affair on Divorce Case | Arizona Family Law

Laurence B. Hirsch

 

Does a Spousal Affair Affect my Divorce Case?

Hi. My name is Larry Hirsch, and I practise exclusively in the domestic relations group at Jaburg & Wilk. First and foremost, the court doesn’t care about the affair that your spouse had. Our courts are not in the business of making moral judgments, i.e. who slept with who, when they slept with who. More often than not, an affair during the marriage does not come into play during your divorce proceeding.

When Can an Affair have an Impact on the Case?

There are two occasions where an affair can actually have an impact on your case. The first one is when there was waste, that’s also called dissipation. For example, let’s just call it “Husband” for the time being, and Husband was having an affair for the better part of two years during the marriage, and during that affair, Husband was buying his paramour, or his girlfriend, fur coats, diamond rings, taking her on lavish vacations, maybe he helped pay a car. Well, in this situation, where the community income or the earnings of Husband was community, that would be considered community waste, so we’re going to want to take a look at all the bank statements, all the credit card statements, and we are going to take a detailed review as to all of the money that the spouse who is having the affair spent on that other individual. Now, the spouse who is not having the affair is entitled to one half reimbursement of those funds that was spent by the spouse who is having an affair. So, to make it really simplistic, if during the marriage Husband had a paramour, and he bought her a diamond ring valued at $10,000, and we can prove and show the receipt – and possibly even the ring – then the spouse who did not spend that money is entitled to reimbursement of $5000 in that situation.

The other situation where an affair may come into play is if the two parties are unfortunately fighting for custody of the minor children or the minor child. And it doesn’t really come into play that mom or dad was having an affair, but the issue really becomes the judgement of that parent when they were having the affair, so if mom or dad was simply dating somebody else, the court’s not really going to view it as that big of a deal. On the other hand, if, let’s say, mom was going out seven nights a week when she should have been at home doing the children’s homework, if dad was out spending thousands of dollars on vacations for his girlfriend while his children couldn’t afford books at school, the court’s going to look at those types of judgement calls, and it may come into play during a custodial fight in a divorce.

By: Laurence B. Hirsch

Does a Spousal Affair Affect my Divorce Case?

Hi. My name is Larry Hirsch, and I practise exclusively in the domestic relations group at Jaburg & Wilk. First and foremost, the court doesn’t care about the affair that your spouse had. Our courts are not in the business of making moral judgments, i.e. who slept with who, when they slept with who. More often than not, an affair during the marriage does not come into play during your divorce proceeding.

When Can an Affair have an Impact on the Case?

There are two occasions where an affair can actually have an impact on your case. The first one is when there was waste, that’s also called dissipation. For example, let’s just call it “Husband” for the time being, and Husband was having an affair for the better part of two years during the marriage, and during that affair, Husband was buying his paramour, or his girlfriend, fur coats, diamond rings, taking her on lavish vacations, maybe he helped pay a car. Well, in this situation, where the community income or the earnings of Husband was community, that would be considered community waste, so we’re going to want to take a look at all the bank statements, all the credit card statements, and we are going to take a detailed review as to all of the money that the spouse who is having the affair spent on that other individual. Now, the spouse who is not having the affair is entitled to one half reimbursement of those funds that was spent by the spouse who is having an affair. So, to make it really simplistic, if during the marriage Husband had a paramour, and he bought her a diamond ring valued at $10,000, and we can prove and show the receipt – and possibly even the ring – then the spouse who did not spend that money is entitled to reimbursement of $5000 in that situation.

The other situation where an affair may come into play is if the two parties are unfortunately fighting for custody of the minor children or the minor child. And it doesn’t really come into play that mom or dad was having an affair, but the issue really becomes the judgement of that parent when they were having the affair, so if mom or dad was simply dating somebody else, the court’s not really going to view it as that big of a deal. On the other hand, if, let’s say, mom was going out seven nights a week when she should have been at home doing the children’s homework, if dad was out spending thousands of dollars on vacations for his girlfriend while his children couldn’t afford books at school, the court’s going to look at those types of judgement calls, and it may come into play during a custodial fight in a divorce.

By: Laurence B. Hirsch

Opting Out of Famility Dispute Through Arbitration | Arizona

Mitchell Reichman

 

What is Opting Out?

Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.

What is Arbitration?

Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.

Can You Appeal an Arbitration Decision?

Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.

By: Mitchell Reichman

What is Opting Out?

Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.

What is Arbitration?

Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.

Can You Appeal an Arbitration Decision?

Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.

By: Mitchell Reichman

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 Scottsdaleย 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 Scottsdaleย child abuse lawyer.

By: Chris Hildebrand

How To Establish Paternity In Arizona | Phoenix Family Law

Joel Hoffman

 

Paternity Proceedings

The paternity proceedings in Arizona are controlled by Arizona revised statute title 25, starting at section 801. Mother may file petition to establish paternity and serve the alleged father she believes to be the child’s biological father. If the alleged father files an answer denying paternity, mother may request that the court order the alleged father to submit to a DNA test to determine paternity.

Default Judgement

If the alleged father, after being served, refuses to file an answer with the court, mother may request that the court enter a default judgment against the alleged father, establishing by court order that he is the child’s biological father.

Child Support

Once a mother establishes paternity, then she can proceed to obtain child support against the father pursuant to the Arizona child support guidelines. Please call me at Warner Angle, (602) 264-7101. I can schedule a complimentary consultation to discuss in more detail the necessary steps to obtain an order of paternity and have the court decide legal decision making, parenting time and child support. I look forward to meeting with you.

By: Attorney Joel Hoffman

Paternity Proceedings

The paternity proceedings in Arizona are controlled by Arizona revised statute title 25, starting at section 801. Mother may file petition to establish paternity and serve the alleged father she believes to be the child’s biological father. If the alleged father files an answer denying paternity, mother may request that the court order the alleged father to submit to a DNA test to determine paternity.

Default Judgement

If the alleged father, after being served, refuses to file an answer with the court, mother may request that the court enter a default judgment against the alleged father, establishing by court order that he is the child’s biological father.

Child Support

Once a mother establishes paternity, then she can proceed to obtain child support against the father pursuant to the Arizona child support guidelines. Please call me at Warner Angle, (602) 264-7101. I can schedule a complimentary consultation to discuss in more detail the necessary steps to obtain an order of paternity and have the court decide legal decision making, parenting time and child support. I look forward to meeting with you.

By: Attorney Joel Hoffman

What Does "Opting Out" Mean | Arizona Family Law

Mitchell Reichman

 

Hi, my name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the Family Law Department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system.

Mediation

One method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can only occur by agreement. A judge has no jurisdiction or authority to order people to mediate. It is a voluntary process. There are many potential advantages of mediating a family law dispute.

First, the parties select the person who will be their mediator. Next, the parties can decide which issues will be submitted to the mediator. They have the choice of trying to resolve all of their issues in mediation or perhaps, only some of the issues in mediation where some issues need to be litigated.

Mediation is also an alternative that can be tailored to suit the parties’ particular time schedules. It occurs in a private office and not a public courtroom. What occurs in a mediation proceeding is confidential. Although, if there is an agreement, the agreement will be adopted by the court and then, become public. The parties can also choose to mediate with or without lawyers. Now, there’s a danger to that. There’s a big risk when parties mediate without lawyers and we don’t typically recommend it. But, it is an alternative particularly if there’s an issue that is relatively simple where the parties believe they do not need the presence of their lawyer with them during all of the time with the mediator.

Who Can Attend Mediation?

Also, other professionals can be brought in to a mediation process. Professional financial planners, business evaluation experts, or even mental health professionals can be part of a mediation process. All based on choices made by the parties and not decisions imposed on them by a judicial officer. Given all of these potential advantages, we often find that opting out by engaging in mediation helps us reach our goal of maximizing the probability that our clients obtain a favorable outcome in their family law dispute.

By: Mitchell Reichman

Hi, my name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the Family Law Department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system.

Mediation

One method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can only occur by agreement. A judge has no jurisdiction or authority to order people to mediate. It is a voluntary process. There are many potential advantages of mediating a family law dispute.

First, the parties select the person who will be their mediator. Next, the parties can decide which issues will be submitted to the mediator. They have the choice of trying to resolve all of their issues in mediation or perhaps, only some of the issues in mediation where some issues need to be litigated.

Mediation is also an alternative that can be tailored to suit the parties’ particular time schedules. It occurs in a private office and not a public courtroom. What occurs in a mediation proceeding is confidential. Although, if there is an agreement, the agreement will be adopted by the court and then, become public. The parties can also choose to mediate with or without lawyers. Now, there’s a danger to that. There’s a big risk when parties mediate without lawyers and we don’t typically recommend it. But, it is an alternative particularly if there’s an issue that is relatively simple where the parties believe they do not need the presence of their lawyer with them during all of the time with the mediator.

Who Can Attend Mediation?

Also, other professionals can be brought in to a mediation process. Professional financial planners, business evaluation experts, or even mental health professionals can be part of a mediation process. All based on choices made by the parties and not decisions imposed on them by a judicial officer. Given all of these potential advantages, we often find that opting out by engaging in mediation helps us reach our goal of maximizing the probability that our clients obtain a favorable outcome in their family law dispute.

By: Mitchell Reichman

Alimony, Support & Custody During Divorce | Scottsdale Divorce Laws

C.D. Owens

 

Setting Court Hearings

Everybody of course insists upon having prompt and immediate decisions on child support, custody, spousal maintenance and all of the things that are necessary to maintain stability in the family during the pendency of a divorce and the court’s set hearings promptly and as quickly as possible often within a matter of two or three weeks, where ordinarily to get a hearing in a court would take two or three months.

But, everybody recognizes that the wife or mother may be home with kids with no employment of her own and depending on the father for support and so the court sets early dates, gets people in and covers all bases right up front and people are always interested in those factors. We try to be available to answer their questions up front.

By: CD Owens

Setting Court Hearings

Everybody of course insists upon having prompt and immediate decisions on child support, custody, spousal maintenance and all of the things that are necessary to maintain stability in the family during the pendency of a divorce and the court’s set hearings promptly and as quickly as possible often within a matter of two or three weeks, where ordinarily to get a hearing in a court would take two or three months.

But, everybody recognizes that the wife or mother may be home with kids with no employment of her own and depending on the father for support and so the court sets early dates, gets people in and covers all bases right up front and people are always interested in those factors. We try to be available to answer their questions up front.

By: CD Owens

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