Arizona Family Law Laws

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 to Enforce Child Support in Arizona | Phoenix Family Law

Joel Hoffman

 

Enforcing Child Support in Phoenix

Enforcement of child support is controlled by Arizona revised statute, title 25, starting at section 500. I find that many of my clients need me to return to court to pursue non-payment of a child support obligation.

Petition for Contempt

You can file a petition for contempt, requesting that the court one, determine the amount of child support arrearage, two, enter a finding of contempt, three, order incarceration with a purge clause for the payment of a lump sum amount to satisfy all or a portion of the arrearage, in order to avoid going to jail and four, enter a judgment for the unpaid child support amount with a repayment plan with accruing interest until the arrearage is paid in full.

Non-Compliance

If the other party fails to appear for court after being served with the petition, the court can even issue a child support arrest warrant. Finally, depending upon the amount of child support arrearage that is owed, the court can order the other party to attend regular monthly hearings through accountability court to monitor compliance with the child support court order. If you want to learn more about enforcing and collecting your child support court order, please contact me at Warner Angle, (602) 264-7101, to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Enforcing Child Support in Phoenix

Enforcement of child support is controlled by Arizona revised statute, title 25, starting at section 500. I find that many of my clients need me to return to court to pursue non-payment of a child support obligation.

Petition for Contempt

You can file a petition for contempt, requesting that the court one, determine the amount of child support arrearage, two, enter a finding of contempt, three, order incarceration with a purge clause for the payment of a lump sum amount to satisfy all or a portion of the arrearage, in order to avoid going to jail and four, enter a judgment for the unpaid child support amount with a repayment plan with accruing interest until the arrearage is paid in full.

Non-Compliance

If the other party fails to appear for court after being served with the petition, the court can even issue a child support arrest warrant. Finally, depending upon the amount of child support arrearage that is owed, the court can order the other party to attend regular monthly hearings through accountability court to monitor compliance with the child support court order. If you want to learn more about enforcing and collecting your child support court order, please contact me at Warner Angle, (602) 264-7101, to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

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

What is Sole Legal Custody and Decision Making in Arizona | Hildebrand Law, PC

Chris Hildebrand

 

Sole Custody and Legal Decision Making in Arizona

Learn about the difference between sole legal decision making from joint legal decision making and joint physical custody of children in Arizona. There are very large differences between sole custody of a child and joint custody. With sole custody, one parent will be able to unilaterally make all major decisions for the children. The other parent is still entitled to obtain his or her children’s medical records, educational records, and counseling records. That other parent just does not have the legal right to decide what medical care his or her child receives, the school the child attends, or the extracurricular activities of the child may participate.

Parents with joint legal custody, on the other hand, have to agree before there are any changes to the children’s school, doctor, and other major decisions affecting the children. Most judges in Arizona award joint legal custody unless the judge determines there has been significant domestic violence, substance abuse, or child abuse.

Call the child custody attorneys at Hildebrand Law, PC at (480)305-8300 to speak to one of our child custody lawyers.

Author: Chris Hildebrand

Sole Custody and Legal Decision Making in Arizona

Learn about the difference between sole legal decision making from joint legal decision making and joint physical custody of children in Arizona. There are very large differences between sole custody of a child and joint custody. With sole custody, one parent will be able to unilaterally make all major decisions for the children. The other parent is still entitled to obtain his or her children’s medical records, educational records, and counseling records. That other parent just does not have the legal right to decide what medical care his or her child receives, the school the child attends, or the extracurricular activities of the child may participate.

Parents with joint legal custody, on the other hand, have to agree before there are any changes to the children’s school, doctor, and other major decisions affecting the children. Most judges in Arizona award joint legal custody unless the judge determines there has been significant domestic violence, substance abuse, or child abuse.

Call the child custody attorneys at Hildebrand Law, PC at (480)305-8300 to speak to one of our child custody lawyers.

Author: Chris Hildebrand

What is an Appeal and How Do I Know if I Should Appeal My…

Kathi Sandweiss

 

I’m Kathi Sandweiss. I’m the chair of the appellate practice section at Jaburg Wilk.

What is an appeal?

An appeal is when a losing party to a judgement will ask the higher court to review a decision by a lower court, and hope that the higher court finds that the lower court made some sort of an error.  That would be an error in a legal issue or perhaps an error in a factual finding.

I am unhappy with my judgement, how do I know if I should appeal it?

Whether or not you can appeal your judgement is not always obvious just by looking at the judgement. You may not know, and your trial lawyer may not know if there is something really legally wrong with your judgement.  That’s why sometimes you want to hire a specific appellate lawyer to determine whether or not there is really something that’s appealable about your judgement. That’s where we get into what’s called the standard of review.  So if the trial court made an error that was an error in law, you’re going to have a much greater chance of getting your judgement reversed on appeal. If the trial court made an error that you think was a factual error, it’s going to be reviewed at a very tougher standard.  A standard that involves whether or not there was a clear error by the lower court. You’re going to have a much harder time getting that judgement reviewed and reversed by the court of appeals.

By: Kathi Sandweiss

I’m Kathi Sandweiss. I’m the chair of the appellate practice section at Jaburg Wilk.

What is an appeal?

An appeal is when a losing party to a judgement will ask the higher court to review a decision by a lower court, and hope that the higher court finds that the lower court made some sort of an error.  That would be an error in a legal issue or perhaps an error in a factual finding.

I am unhappy with my judgement, how do I know if I should appeal it?

Whether or not you can appeal your judgement is not always obvious just by looking at the judgement. You may not know, and your trial lawyer may not know if there is something really legally wrong with your judgement.  That’s why sometimes you want to hire a specific appellate lawyer to determine whether or not there is really something that’s appealable about your judgement. That’s where we get into what’s called the standard of review.  So if the trial court made an error that was an error in law, you’re going to have a much greater chance of getting your judgement reversed on appeal. If the trial court made an error that you think was a factual error, it’s going to be reviewed at a very tougher standard.  A standard that involves whether or not there was a clear error by the lower court. You’re going to have a much harder time getting that judgement reviewed and reversed by the court of appeals.

By: Kathi Sandweiss

What is Sole Legal Decision Making Authority | Scottsdale Child Custody

Greg Davis

 

Legal Decision Making

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

Legal Decision Making

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

Erik Bergstrom - Profile Video | Phoenix Divorce Attorney

Erik Bergstrom

 

About Erik Bergstrom

My name is Erik Bergstrom. I’m a partner at Warner Angle, practicing in family law. With every case, I like to get to know my client, their particular situation, what their concerns are and what their goals are. That way we can form a more combined, joint approach to resolving their case. I think that clients who retain me appreciate an attorney who works closely with them and is in constant contact with them. I do believe that once clients meet with me, get an understanding of the law and the process of divorce, that they leave my office much more relieved and feel that somebody is looking out for their interests and is going to protect them through this trying time. I enjoy practicing family law because I like helping people who are going through a difficult time in their lives and going through a complicated and uncertain process. I feel that I’m very good at explaining matters to clients so that they have a clear understanding of what lies ahead and what the likely resolutions of their case might be.

Experience

I have handled and I enjoy handling the more complicated divorce cases. These often involve division of business interests, division of retirement accounts, valuation problems and the like. Whether your case is straight forward or complex, feel free to call me to schedule a consultation in my office. I’m happy to meet with you to review the issues in your case and explain the applicable law and the divorce procedures.

By: Attorney Erik Bergstrom

About Erik Bergstrom

My name is Erik Bergstrom. I’m a partner at Warner Angle, practicing in family law. With every case, I like to get to know my client, their particular situation, what their concerns are and what their goals are. That way we can form a more combined, joint approach to resolving their case. I think that clients who retain me appreciate an attorney who works closely with them and is in constant contact with them. I do believe that once clients meet with me, get an understanding of the law and the process of divorce, that they leave my office much more relieved and feel that somebody is looking out for their interests and is going to protect them through this trying time. I enjoy practicing family law because I like helping people who are going through a difficult time in their lives and going through a complicated and uncertain process. I feel that I’m very good at explaining matters to clients so that they have a clear understanding of what lies ahead and what the likely resolutions of their case might be.

Experience

I have handled and I enjoy handling the more complicated divorce cases. These often involve division of business interests, division of retirement accounts, valuation problems and the like. Whether your case is straight forward or complex, feel free to call me to schedule a consultation in my office. I’m happy to meet with you to review the issues in your case and explain the applicable law and the divorce procedures.

By: Attorney Erik Bergstrom

Chris Hildebrand - Profile Video | Scottsdale Family Law

Chris Hildebrand

 

About 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.

Hildebrand Law Philosophy

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

About 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.

Hildebrand Law Philosophy

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

Minimum Marriage Length Requirement for Alimony to be Awarded | Scottsdale Alimony Laws

Greg Davis

 

Marriage Length Requirements

In Arizona, we refer to alimony as spousal maintenance and there isn’t a particular number of years people must be married in order for spousal maintenance to be ordered. There are many factors a court will consider. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Marriage Length Requirements

In Arizona, we refer to alimony as spousal maintenance and there isn’t a particular number of years people must be married in order for spousal maintenance to be ordered. There are many factors a court will consider. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Family Law lawyers listing in .
Family Law Articles

Arizona Dissolution of Marriage

In divorce, many issues require a resolution. Those issues can be resolved either by you or by the court before you can…

Read More

A Judge Can Order a Parent to Attend Counseling in Arizona

A Judge Orders a Parent to Attend Domestic Violence Counseling in Arizona Can a judge order a parent in a child custody…

Read More