A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.
A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.
If you have a child and you are not married to the other parent, it is important to establish the paternity of the biological father with a court order. Simply being on the birth certificate does not create the legal rights and responsibilities like a court order.
Once paternity is established, the parties can agree on, or have the court determine, three issues: legal decision-making, parenting time and child support. The process is to file a complaint in paternity with the court and serve the other party. If the alleged father denies paternity, the court can order a DNA test. If the DNA test shows a 95% or higher probability of paternity, the alleged father is presumed to be the biological father. The court can then proceed to enter orders for legal decision-making, parenting time and child support. If you would like more information, refer to my FAQs under child custody and child support, or contact me directly.
If you have a child and you are not married to the other parent, it is important to establish the paternity of the biological father with a court order. Simply being on the birth certificate does not create the legal rights and responsibilities like a court order.
Once paternity is established, the parties can agree on, or have the court determine, three issues: legal decision-making, parenting time and child support. The process is to file a complaint in paternity with the court and serve the other party. If the alleged father denies paternity, the court can order a DNA test. If the DNA test shows a 95% or higher probability of paternity, the alleged father is presumed to be the biological father. The court can then proceed to enter orders for legal decision-making, parenting time and child support. If you would like more information, refer to my FAQs under child custody and child support, or contact me directly.
Hi, I am Chris Hildebrand of Hildebrand Law. I am the owner and founder of Hildebrand Law. We practice family law in Arizona, which includes divorce, legal separation, child custody, child support, alimony issues, community property and community debit issues. What motivates me to practice family or to do the best family law work that we do at Hildebrand Law is a desire to help people transition through the process as easily and smoothly as they can. I feel we provide a lot more than legal advice for our clients.
We are concerned genuinely concerned about the outcome of every client’s case and the impact that this divorce case have or may have on this client’s life or their children. We take a lot of care and detail to ensure that the advice we give our clients and the work we are putting on their behalf and the effort we are exerting for that client is going to provide a result for that client that is satisfying for the client that is helpful to the client and their children and it is going to set them on a path that is positive. I am able to draw on my almost 20 years of family law experience to really walk my clients through complicated and difficult process of a divorce in Arizona, so that we can take that client from the place of being fearful of where their life is going to be to a place where they can move on with their life and have a very happy life.
By: Chris Hildebrand
Hi, I am Chris Hildebrand of Hildebrand Law. I am the owner and founder of Hildebrand Law. We practice family law in Arizona, which includes divorce, legal separation, child custody, child support, alimony issues, community property and community debit issues. What motivates me to practice family or to do the best family law work that we do at Hildebrand Law is a desire to help people transition through the process as easily and smoothly as they can. I feel we provide a lot more than legal advice for our clients.
We are concerned genuinely concerned about the outcome of every client’s case and the impact that this divorce case have or may have on this client’s life or their children. We take a lot of care and detail to ensure that the advice we give our clients and the work we are putting on their behalf and the effort we are exerting for that client is going to provide a result for that client that is satisfying for the client that is helpful to the client and their children and it is going to set them on a path that is positive. I am able to draw on my almost 20 years of family law experience to really walk my clients through complicated and difficult process of a divorce in Arizona, so that we can take that client from the place of being fearful of where their life is going to be to a place where they can move on with their life and have a very happy life.
By: Chris Hildebrand
That is perhaps the most difficult question that lawyers and judges have to make in these cases. There are so many variables that have to be considered that I could actually discuss them for the rest of the afternoon. There’s the age of the parties, how long they have been married, there’s how much money does each one of them make.
For example, if a lady with a 20-year marriage is making $150,000 a year, no judge is going to award her spousal maintenance. His or her attitude will be that she can support herself, as she obviously can. But then after a decision is made whether a party qualifies to receive spousal maintenance, there’s a wide range of other things like standard of living that has been achieved during the marriage, health of the parties. You not only have to consider how much the wife may be earning, but you have to consider how much the payer is earning and whether he could pay spousal maintenance. All of those things have to be considered and we encourage people to give us a ring and talk to us about it.
By: CD Owens
That is perhaps the most difficult question that lawyers and judges have to make in these cases. There are so many variables that have to be considered that I could actually discuss them for the rest of the afternoon. There’s the age of the parties, how long they have been married, there’s how much money does each one of them make.
For example, if a lady with a 20-year marriage is making $150,000 a year, no judge is going to award her spousal maintenance. His or her attitude will be that she can support herself, as she obviously can. But then after a decision is made whether a party qualifies to receive spousal maintenance, there’s a wide range of other things like standard of living that has been achieved during the marriage, health of the parties. You not only have to consider how much the wife may be earning, but you have to consider how much the payer is earning and whether he could pay spousal maintenance. All of those things have to be considered and we encourage people to give us a ring and talk to us about it.
By: CD Owens
Hi. I’m Mitch Reichman. I’m a board certified family law specialist, and I practice at Jaburg & Wilk.
Community property in Arizona is- it creates a presumption that everything that’s acquired during the marriage by either spouse is owned by the community. It means it’s owned by them jointly. They each have an undivided 100% interest in all of the community property.
If you put money into a business and started the business before marriage, the character of your assets doesn’t change by virtue of you getting married. So if you come into the marriage with a business that’s a growing concern, that business is your separate property. The difficulty is if you are working in the business and the business increases in value during the marriage. How to apportion the increase in value between what the business was in terms of it’s value and earning potential at the time of the marriage, at which time it was your separate property, and how it’s changed during the course of the marriage. Those are very difficult questions to answer, and require typically experts to do that kind of evaluation.
There is a relatively easy way to protect your business or any other separate property before you get married. And that is to have a premarital agreement. Premarital agreements are presumptively enforceable in the state of Arizona. We have adopted something called the Uniform Premarital Agreement Act. And under the Act, as long as you follow certain guidelines, there is a very strong probability that the court will enforce that agreement.
They need to be prepared for a forensic evaluation of their business. Someone is going to be looking at all of the personal benefits they get from the business, and attempting to quantify them. They’re going to be looking for any unusual transactions, they’re going to be looking for any unusual activity in the business that suggest that somebody might be divorce planning. And so what you want to do, is you want to operate as you always have to the extent that you can, and if there is some event or occurrence that causes you to need to do something special, you want to document it as best you can.
Hi. I’m Mitch Reichman. I’m a board certified family law specialist, and I practice at Jaburg & Wilk.
Community property in Arizona is- it creates a presumption that everything that’s acquired during the marriage by either spouse is owned by the community. It means it’s owned by them jointly. They each have an undivided 100% interest in all of the community property.
If you put money into a business and started the business before marriage, the character of your assets doesn’t change by virtue of you getting married. So if you come into the marriage with a business that’s a growing concern, that business is your separate property. The difficulty is if you are working in the business and the business increases in value during the marriage. How to apportion the increase in value between what the business was in terms of it’s value and earning potential at the time of the marriage, at which time it was your separate property, and how it’s changed during the course of the marriage. Those are very difficult questions to answer, and require typically experts to do that kind of evaluation.
There is a relatively easy way to protect your business or any other separate property before you get married. And that is to have a premarital agreement. Premarital agreements are presumptively enforceable in the state of Arizona. We have adopted something called the Uniform Premarital Agreement Act. And under the Act, as long as you follow certain guidelines, there is a very strong probability that the court will enforce that agreement.
They need to be prepared for a forensic evaluation of their business. Someone is going to be looking at all of the personal benefits they get from the business, and attempting to quantify them. They’re going to be looking for any unusual transactions, they’re going to be looking for any unusual activity in the business that suggest that somebody might be divorce planning. And so what you want to do, is you want to operate as you always have to the extent that you can, and if there is some event or occurrence that causes you to need to do something special, you want to document it as best you can.
Hi, I’m Mitch Reichman. I’m a State Board of Arizona Certified Specialist in Family Law, and I practice at Jaburg and Wilk.
Yes, typically you’ll have to appear in court at least once. Judges in Maricopa County in divorce cases are very proactive, and so they call the parties to appear in front of them early on in the case to assess what their positions are and what other services might be required to help process the case, such as appraisers or custody evaluators. That appearance is not an appearance where you have to testify, but you will typically have to appear at least once in front of the judge.
One of the things that we do in your case is we put orders into place so that there is predictability while your case is proceeding. Those are called temporary orders. Orders for child support, orders for spousal maintenance, who gets possession of the house, how the bills get paid, these things need to be done in an orderly way, and we like to have court orders so that we are able to enforce people’s obligations during the process. That would typically require a hearing of some kind, and at that hearing, you would have to testify. That does not necessarily mean that you’ll have to testify for a long time, or that you would have to testify in a trial. It is possible to complete your divorce without having a trial. In fact, we prefer that our clients complete their divorces without having trial, because trial is the most unpredictable way to resolve your divorce. There are a number of different alternatives, all of which we will explore. One is mediation. Another is arbitration, which is essentially hiring a private judge to make the decisions in your case. We can also ask our judge to appoint someone – called a Family Law Master – to essentially take the place of the judge, and have hearings, and make recommendations in terms of findings. So there are a lot of different ways to settle your case or resolve it without having to go to trial.
Hi, I’m Mitch Reichman. I’m a State Board of Arizona Certified Specialist in Family Law, and I practice at Jaburg and Wilk.
Yes, typically you’ll have to appear in court at least once. Judges in Maricopa County in divorce cases are very proactive, and so they call the parties to appear in front of them early on in the case to assess what their positions are and what other services might be required to help process the case, such as appraisers or custody evaluators. That appearance is not an appearance where you have to testify, but you will typically have to appear at least once in front of the judge.
One of the things that we do in your case is we put orders into place so that there is predictability while your case is proceeding. Those are called temporary orders. Orders for child support, orders for spousal maintenance, who gets possession of the house, how the bills get paid, these things need to be done in an orderly way, and we like to have court orders so that we are able to enforce people’s obligations during the process. That would typically require a hearing of some kind, and at that hearing, you would have to testify. That does not necessarily mean that you’ll have to testify for a long time, or that you would have to testify in a trial. It is possible to complete your divorce without having a trial. In fact, we prefer that our clients complete their divorces without having trial, because trial is the most unpredictable way to resolve your divorce. There are a number of different alternatives, all of which we will explore. One is mediation. Another is arbitration, which is essentially hiring a private judge to make the decisions in your case. We can also ask our judge to appoint someone – called a Family Law Master – to essentially take the place of the judge, and have hearings, and make recommendations in terms of findings. So there are a lot of different ways to settle your case or resolve it without having to go to trial.
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
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
You can modify an existing child support order if you can show the court a substantial and continuing change of financial circumstances. What does that mean? Well, there’s a whole lot of factors that go into modifying a child support order. You can be spending more or less time with your child. You can be making more or less money. We’ll have to go through the list and see what the guidelines allow you to consider when modifying a child support order, but the general rule is 15%, up or down, that would change to make the change of circumstances substantial and continuing. But, if you’d like more information or want to talk to me more about modifying a child support order, feel free to give me an email.
You can modify an existing child support order if you can show the court a substantial and continuing change of financial circumstances. What does that mean? Well, there’s a whole lot of factors that go into modifying a child support order. You can be spending more or less time with your child. You can be making more or less money. We’ll have to go through the list and see what the guidelines allow you to consider when modifying a child support order, but the general rule is 15%, up or down, that would change to make the change of circumstances substantial and continuing. But, if you’d like more information or want to talk to me more about modifying a child support order, feel free to give me an email.
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 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
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