Arizona Family Law Laws

How Does Visitation Affect Child Support | Scottsdale Family Law

C.D. Owens

 

How Child Custody Can Impact Child Support

Visitation significantly effects child support. For example, if two divorcing parties, a divorcing party agree that their going to be adult about recognizing that a child needs both parents and agree therefore to share visitation, custody of the kids, they will have a week on week off or they’ll have five-two-two weekly application of time and whatever they decide is going to really effect visitation. A 50-50 sharing of the time with the kids with a situation where two people make almost the same amount of money a month, will result in no child support.

If the father however has every other weekend with one day in the intervening week, one night in the intervening week, he’s gonna have substantial child support, particularly if he makes substantially more money, earns more than the mother does. So, it’s a complicated situation, one of the most difficult ones that parents have to make and we’re always there to help them if we can.

By: CD Owens

How Child Custody Can Impact Child Support

Visitation significantly effects child support. For example, if two divorcing parties, a divorcing party agree that their going to be adult about recognizing that a child needs both parents and agree therefore to share visitation, custody of the kids, they will have a week on week off or they’ll have five-two-two weekly application of time and whatever they decide is going to really effect visitation. A 50-50 sharing of the time with the kids with a situation where two people make almost the same amount of money a month, will result in no child support.

If the father however has every other weekend with one day in the intervening week, one night in the intervening week, he’s gonna have substantial child support, particularly if he makes substantially more money, earns more than the mother does. So, it’s a complicated situation, one of the most difficult ones that parents have to make and we’re always there to help them if we can.

By: CD Owens

Dividing Divorce Property | Scottsdale Family Law

Kevin Park

 

Dividing Property in Scottsdale Divorce

It is a general rule that an Arizona court must equitably divide all of the spouses community property and debts, without regard to marital misconduct when it enters its final decree of dissolution of marriage. The term equitable is a concept of fairness, depending upon the facts of a particular case.

Consistent with this fairness concept, the court may not order the sale of a community marital residence during the pendency of a divorce proceeding absent an agreement of spouses, a separately filed and consolidated partition action, or circumstances which demonstrate that the residence is at risk of being foreclosed, and neither spouse has the ability to void the foreclosure to preserve existing equity in the residence.

An equitable division of community property is not necessarily or presumptively an equal division of community property. Having said that, an equal division of community property and debts by a court in a divorce proceeding generally will be the most equitable result. However, there sometimes are circumstances that exist which lead a court to unequally divide community assets or debts because the judge determines it is equitable or fair to do so. The court may consider excessive or abnormal expenditures by a spouse, such as those to support gambling habits or drug addiction during marriage, for example.

The court also may consider a spouse’s destruction, concealment, or fraudulent disposition of community, joint, or common property in it’s division of community assets and debts. These particular matters often are referred to as waste, and can result in the court making an unequal division of community assets or debts.

By: Kevin Park

Dividing Property in Scottsdale Divorce

It is a general rule that an Arizona court must equitably divide all of the spouses community property and debts, without regard to marital misconduct when it enters its final decree of dissolution of marriage. The term equitable is a concept of fairness, depending upon the facts of a particular case.

Consistent with this fairness concept, the court may not order the sale of a community marital residence during the pendency of a divorce proceeding absent an agreement of spouses, a separately filed and consolidated partition action, or circumstances which demonstrate that the residence is at risk of being foreclosed, and neither spouse has the ability to void the foreclosure to preserve existing equity in the residence.

An equitable division of community property is not necessarily or presumptively an equal division of community property. Having said that, an equal division of community property and debts by a court in a divorce proceeding generally will be the most equitable result. However, there sometimes are circumstances that exist which lead a court to unequally divide community assets or debts because the judge determines it is equitable or fair to do so. The court may consider excessive or abnormal expenditures by a spouse, such as those to support gambling habits or drug addiction during marriage, for example.

The court also may consider a spouse’s destruction, concealment, or fraudulent disposition of community, joint, or common property in it’s division of community assets and debts. These particular matters often are referred to as waste, and can result in the court making an unequal division of community assets or debts.

By: Kevin Park

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

How to Change a Child's Last Name in Arizona | Hildebrand Law, PC

 

Changing a Child’s Last Name in Arizona

Parents may decide they want to change a child’s last name. This typically occurs when a child is born to an unmarried couple. The father may want the child to have his last name while the mother may not want to change the name at all. A child’s last name is his or her identity. The child’s last name also reflects the identity of his or her parents. Learn more about changing a child’s last name in Arizona from Arizona child custody attorney, Michael Clancy, of Hildebrand Law, PC.

You can contact Michael Clancy at (480)305-8300 to schedule a consultation.

Changing a Child’s Last Name in Arizona

Parents may decide they want to change a child’s last name. This typically occurs when a child is born to an unmarried couple. The father may want the child to have his last name while the mother may not want to change the name at all. A child’s last name is his or her identity. The child’s last name also reflects the identity of his or her parents. Learn more about changing a child’s last name in Arizona from Arizona child custody attorney, Michael Clancy, of Hildebrand Law, PC.

You can contact Michael Clancy at (480)305-8300 to schedule a consultation.

What Happens to Your Business During a Divorce | Phoenix Divorce Laws

Erik Bergstrom

 

Arizona Divorce Can Impact Your Business

Like other assets, business interests can be treated as community property or separate property and sometimes, a combination of both. If your business was started during the marriage, then it is community property. If your business was started before the date of your marriage, it is your separate property.

However, the marital community may still have a claim to some of the profits and increase in value that occurred during the marriage, and these values must be apportioned between separate property and community property interests. Whether the business is community property or separate property, it will have to be valued.

Business Valuation Expert

To do so, it will be necessary to retain a business valuation expert. Whether valuing a community property business or apportioning an increase in value in a sole and separate business it is important that your attorney understand business valuations. Your attorney needs to understand the valuation approaches, methods and procedures and the law that applies to valuing and apportioning business interests. If you are facing a divorce and you or your spouse own a business, feel free to contact me for more information.

By: Attorney Erik Bergstrom

Arizona Divorce Can Impact Your Business

Like other assets, business interests can be treated as community property or separate property and sometimes, a combination of both. If your business was started during the marriage, then it is community property. If your business was started before the date of your marriage, it is your separate property.

However, the marital community may still have a claim to some of the profits and increase in value that occurred during the marriage, and these values must be apportioned between separate property and community property interests. Whether the business is community property or separate property, it will have to be valued.

Business Valuation Expert

To do so, it will be necessary to retain a business valuation expert. Whether valuing a community property business or apportioning an increase in value in a sole and separate business it is important that your attorney understand business valuations. Your attorney needs to understand the valuation approaches, methods and procedures and the law that applies to valuing and apportioning business interests. If you are facing a divorce and you or your spouse own a business, feel free to contact me for more information.

By: Attorney Erik Bergstrom

How Does Parenting Time Affect Child Support Amounts | Scottsdale Family Law

Greg Davis

 

Parenting Time Effects

Parenting time is perhaps the largest factor affecting the amount of child support a non-custodial parent will pay. The more parenting time days one spends with the children, the bigger the discount off the presumptive child support amount. For more information, call me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Parenting Time Effects

Parenting time is perhaps the largest factor affecting the amount of child support a non-custodial parent will pay. The more parenting time days one spends with the children, the bigger the discount off the presumptive child support amount. For more information, call me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

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

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