Alimony is referred to in Arizona as spousal support or spousal maintenance. The parent that receives alimony must report those payments as taxable income on his or her federal and state tax returns. A spouse that pays alimony must report those payments as a deduction on their federal and state tax returns. However, the parties can agree to treat alimony differently, as far as it’s taxability. They can agree to treat it is part of a property settlement or as part of an equalization. In that instance, there is no reporting of alimony on either party’s tax returns at all. If you have any questions about alimony and the taxability of it, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
Alimony is referred to in Arizona as spousal support or spousal maintenance. The parent that receives alimony must report those payments as taxable income on his or her federal and state tax returns. A spouse that pays alimony must report those payments as a deduction on their federal and state tax returns. However, the parties can agree to treat alimony differently, as far as it’s taxability. They can agree to treat it is part of a property settlement or as part of an equalization. In that instance, there is no reporting of alimony on either party’s tax returns at all. If you have any questions about alimony and the taxability of it, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Arizona has a case called [?], and that case has allowed the spouse that doesn’t own the business to actually have an interest in the appreciation and value of that business during the course of the marriage. What we’re looking at is labor, toil, and efforts of the community. Best way to think about this is, if I have a sole and separate business and I’m actually doing something to help that business, my spouse may have a claim to my sole and separate property.
This same situation can occur with separate property homes. So let’s say that you get married, and you have a house that’s worth $500,000. Your community earnings bought the new pool, the new landscaping, and put in the addition, and when you file for divorce that house is worth $1.5 million, so you’ve got $1,000,000 of appreciation during the marriage. Is it fair that the spouse who owned the house coming into the marriage receives all $1,000,000 of appreciation? The courts in Arizona don’t typically think so. So those are two situations where your sole and separate property is not necessarily 100% your sole and separate property. Always be wary that there may be what we call a community lien on your separate property.
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Arizona has a case called [?], and that case has allowed the spouse that doesn’t own the business to actually have an interest in the appreciation and value of that business during the course of the marriage. What we’re looking at is labor, toil, and efforts of the community. Best way to think about this is, if I have a sole and separate business and I’m actually doing something to help that business, my spouse may have a claim to my sole and separate property.
This same situation can occur with separate property homes. So let’s say that you get married, and you have a house that’s worth $500,000. Your community earnings bought the new pool, the new landscaping, and put in the addition, and when you file for divorce that house is worth $1.5 million, so you’ve got $1,000,000 of appreciation during the marriage. Is it fair that the spouse who owned the house coming into the marriage receives all $1,000,000 of appreciation? The courts in Arizona don’t typically think so. So those are two situations where your sole and separate property is not necessarily 100% your sole and separate property. Always be wary that there may be what we call a community lien on your separate property.
Hello, I want to speak to you today about whether you may be eligible for spousal maintenance in Arizona. The court is going to look at a variety of factors to determine whether you are eligible for spousal maintenance, as well as the amount and duration of that spousal maintenance award.
Although there are many factors the court will look at, as a general overview, usually the more important factors include, the differences in the parties income, the amount of assets that each spouse will take from the marriage and the length of the marriage. Now there is certainly many more factors under the statute that the court will also consider, but in most cases those are the most important factors for the court to consider. If you any other questions regarding whether you are eligible for spousal maintenance in the state of Arizona, please feel free to contact me.
If you still have questions regarding whether or not you are eligible to receive alimony in Arizona, please contact a Scottsdale alimony lawyer.
By: Chris Hildebrand
Hello, I want to speak to you today about whether you may be eligible for spousal maintenance in Arizona. The court is going to look at a variety of factors to determine whether you are eligible for spousal maintenance, as well as the amount and duration of that spousal maintenance award.
Although there are many factors the court will look at, as a general overview, usually the more important factors include, the differences in the parties income, the amount of assets that each spouse will take from the marriage and the length of the marriage. Now there is certainly many more factors under the statute that the court will also consider, but in most cases those are the most important factors for the court to consider. If you any other questions regarding whether you are eligible for spousal maintenance in the state of Arizona, please feel free to contact me.
If you still have questions regarding whether or not you are eligible to receive alimony in Arizona, please contact a Scottsdale alimony lawyer.
By: Chris Hildebrand
My name is Greg Davis. I’m an attorney with Davis Limited in Scottsdale, Arizona. I’ve been practicing law for (22) twenty-two years and I’ve been practicing family law almost exclusively for most of that time. Clients often choose me, because I’m communicative, I’m responsive. Most complaints I hear about lawyers, “Lawyers never return phone calls… They don’t tell me when something happens”. I promise, when something happens you’ll be the second to know if I’m the first. Every one of my clients has my telephone number, my cell phone number. I’m available (24) twenty-four hours a day, (7) seven days a week, (365) three hundred sixty-five days a year, literally.
At Davis Limited, most of our cases are high conflict. We like the high conflict cases because we can do the most good there. When a court proceeding starts, the judge looks out at the courtroom and it looks at two attorneys, the petitioner and the respondent. I’ve known these judges for a long time. I’ve been working with them for a long time. I would hope that the judge is going to look to me to find, “What’s a reasonable solution”. The judge doesn’t want to decide things for your family. The judge wants you to decide things for your family. I can help you do that. We do fight for our clients like no one else. We do everything we can to avoid trials, but if you go to trial we fight like hell.
To me, being aggressive doesn’t mean disrespectful, it doesn’t mean being mean, it means chasing down every issue, chasing down every piece of evidence and fighting like hell for my clients. Most of our cases have substance abuse or domestic violence involved. It’s not rare. It’s quite common in the practice of family law because what we deal with every day are good people at the their very worst. If you want to work with an experienced, dedicated and reliable attorney who communicates with you and is with you throughout the entire process, call me, Greg Davis at Davis Limited, (602) 279-1900. The website is www.davislimited.com. I look forward to working with you.
By: Greg Davis
My name is Greg Davis. I’m an attorney with Davis Limited in Scottsdale, Arizona. I’ve been practicing law for (22) twenty-two years and I’ve been practicing family law almost exclusively for most of that time. Clients often choose me, because I’m communicative, I’m responsive. Most complaints I hear about lawyers, “Lawyers never return phone calls… They don’t tell me when something happens”. I promise, when something happens you’ll be the second to know if I’m the first. Every one of my clients has my telephone number, my cell phone number. I’m available (24) twenty-four hours a day, (7) seven days a week, (365) three hundred sixty-five days a year, literally.
At Davis Limited, most of our cases are high conflict. We like the high conflict cases because we can do the most good there. When a court proceeding starts, the judge looks out at the courtroom and it looks at two attorneys, the petitioner and the respondent. I’ve known these judges for a long time. I’ve been working with them for a long time. I would hope that the judge is going to look to me to find, “What’s a reasonable solution”. The judge doesn’t want to decide things for your family. The judge wants you to decide things for your family. I can help you do that. We do fight for our clients like no one else. We do everything we can to avoid trials, but if you go to trial we fight like hell.
To me, being aggressive doesn’t mean disrespectful, it doesn’t mean being mean, it means chasing down every issue, chasing down every piece of evidence and fighting like hell for my clients. Most of our cases have substance abuse or domestic violence involved. It’s not rare. It’s quite common in the practice of family law because what we deal with every day are good people at the their very worst. If you want to work with an experienced, dedicated and reliable attorney who communicates with you and is with you throughout the entire process, call me, Greg Davis at Davis Limited, (602) 279-1900. The website is www.davislimited.com. I look forward to working with you.
By: Greg Davis
In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
A mandatory reporter is somebody who has a legal duty, as outlined in the statute, to report any reasonable suspicion of abuse or neglect of a child. That can be a parent, it could be a physician, it could be a caregiver. But, if your job or title appears in the statue, it’s something that you ought to look into personally to see that if you are a mandatory reporter, you do have a duty to report any neglect or abuse to CPS, or to a police officer. If you’d like more information about a mandatory reporter, please give me an email.
A mandatory reporter is somebody who has a legal duty, as outlined in the statute, to report any reasonable suspicion of abuse or neglect of a child. That can be a parent, it could be a physician, it could be a caregiver. But, if your job or title appears in the statue, it’s something that you ought to look into personally to see that if you are a mandatory reporter, you do have a duty to report any neglect or abuse to CPS, or to a police officer. If you’d like more information about a mandatory reporter, please give me an email.
An existing child support order can be modified if you are able to show a significant and continuing change of circumstances. And what I mean by that, is that you have a change in parenting time, in income, expenses, perhaps the insurance covering the child has changed, something that is related to child support that has changed. There’s basically two ways to go about doing it. One is what I’ll call a regular petition to modify child support. The other is a simplfied way of doing it. If you are able to show that the changed circumstances have the effect of a 15% change in child support, you can file your petition and if the other side does not respond to it, the change is automatic. The court signs an automatic order. If you have any other questions about changing a current order of child support, please contact me at Hildebrand Law. The phone number is, (480) 305-8300. Thank you.
To modify an existing child support order, contact an Arizona divorce attorney.
An existing child support order can be modified if you are able to show a significant and continuing change of circumstances. And what I mean by that, is that you have a change in parenting time, in income, expenses, perhaps the insurance covering the child has changed, something that is related to child support that has changed. There’s basically two ways to go about doing it. One is what I’ll call a regular petition to modify child support. The other is a simplfied way of doing it. If you are able to show that the changed circumstances have the effect of a 15% change in child support, you can file your petition and if the other side does not respond to it, the change is automatic. The court signs an automatic order. If you have any other questions about changing a current order of child support, please contact me at Hildebrand Law. The phone number is, (480) 305-8300. Thank you.
To modify an existing child support order, contact an Arizona divorce attorney.
For divorce cases in Arizona, the court is required to enter orders as to three basic issues, or even better, if the parties can reach an agreement on those issues, the court can adopt that agreement as the court order.
The first issue is the parenting-time arrangement. This agreement should include which parent will have the child during the week, which parent will have the child on weekends, how the children will be divided up for the holidays, and other issues as to the transportation and the division of the children.
The second issue that the court will look at is the legal decision-making for the children. In Arizona, generally the court will give both parties joint legal decision-making, which means that both parties should be involved in making major medical decisions, major educational decisions, and major religious decisions. Only in rare circumstances will the court give one person sole legal decision making of those major decisions for the child.
The final issue is child support. In Arizona, we have a guideline adopted by the Arizona Supreme Court that gives us an opportunity to based on your income, the other party’s income, and several other factors we can figure out based on that formula real close what the court is likely to order for child support in each case.
If you’d like more information regarding child related issues in your divorce case please contact me at (480) 733-6800 or you can reach us online.
For divorce cases in Arizona, the court is required to enter orders as to three basic issues, or even better, if the parties can reach an agreement on those issues, the court can adopt that agreement as the court order.
The first issue is the parenting-time arrangement. This agreement should include which parent will have the child during the week, which parent will have the child on weekends, how the children will be divided up for the holidays, and other issues as to the transportation and the division of the children.
The second issue that the court will look at is the legal decision-making for the children. In Arizona, generally the court will give both parties joint legal decision-making, which means that both parties should be involved in making major medical decisions, major educational decisions, and major religious decisions. Only in rare circumstances will the court give one person sole legal decision making of those major decisions for the child.
The final issue is child support. In Arizona, we have a guideline adopted by the Arizona Supreme Court that gives us an opportunity to based on your income, the other party’s income, and several other factors we can figure out based on that formula real close what the court is likely to order for child support in each case.
If you’d like more information regarding child related issues in your divorce case please contact me at (480) 733-6800 or you can reach us online.
Hi, I’m Kathi Sandweiss. I’m an appellate lawyer here at Jaburg and Wilk.
You can appeal really any of your issues that you disputed in your divorce decree, assuming obviously that you didn’t stipulate to your divorce decree. But assuming that there’s been a decree entered after some sort of a conflict – an adversarial proceeding – there’s no reason you can’t appeal. The time for appeal is the same – 30 days – just as in a civil case. And the kinds of things that we see people appealing in a divorce are: child custody arrangements, valuation of businesses, amount of spousal maintenance, amount of child support. Any of the things that you might be disputing in your divorce, if you’re unhappy with the result, certainly they can be appealed. A trial lawyer will be looking for the facts, will be helping you through your case, and trying the case. An appeal is based on the record already made in the trial court.
We like to work with the trial lawyers, including the divorce lawyers and certainly, we have no intention of stealing back your case after the case is decided on appeal. The hope for you, if we’re representing you as the appellant, is to have the matter remanded to the trial court, and at that point, then your divorce will proceed in the trial court. Not only that, but we really like to have your trial lawyer’s input and have him or her review our briefs before they’re filed.
By: Kathi Sandweiss
Hi, I’m Kathi Sandweiss. I’m an appellate lawyer here at Jaburg and Wilk.
You can appeal really any of your issues that you disputed in your divorce decree, assuming obviously that you didn’t stipulate to your divorce decree. But assuming that there’s been a decree entered after some sort of a conflict – an adversarial proceeding – there’s no reason you can’t appeal. The time for appeal is the same – 30 days – just as in a civil case. And the kinds of things that we see people appealing in a divorce are: child custody arrangements, valuation of businesses, amount of spousal maintenance, amount of child support. Any of the things that you might be disputing in your divorce, if you’re unhappy with the result, certainly they can be appealed. A trial lawyer will be looking for the facts, will be helping you through your case, and trying the case. An appeal is based on the record already made in the trial court.
We like to work with the trial lawyers, including the divorce lawyers and certainly, we have no intention of stealing back your case after the case is decided on appeal. The hope for you, if we’re representing you as the appellant, is to have the matter remanded to the trial court, and at that point, then your divorce will proceed in the trial court. Not only that, but we really like to have your trial lawyer’s input and have him or her review our briefs before they’re filed.
By: Kathi Sandweiss
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