Arizona Family Law Laws

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

What Will the Judge Decide in My Divorce Case | Arizona

Michael Clancy

 

A judge can decide a number of things in your divorce case. Most commonly, the judge will divide your assets, the judge will divide your debts, and if you have common children with your spouse, the judge will award child support to the custodial parents or outline parenting time in the parenting plan, but each case is different so you’ll need an attorney that will be able to identify all of your legal issues and make sure that they make it into the decree either by consent or through trial. If you’d like to discuss your divorce case with me, feel free to email me.

By: Attorney Michael Clancy

A judge can decide a number of things in your divorce case. Most commonly, the judge will divide your assets, the judge will divide your debts, and if you have common children with your spouse, the judge will award child support to the custodial parents or outline parenting time in the parenting plan, but each case is different so you’ll need an attorney that will be able to identify all of your legal issues and make sure that they make it into the decree either by consent or through trial. If you’d like to discuss your divorce case with me, feel free to email me.

By: Attorney Michael Clancy

What is Child Support | Phoenix Family Law

Erik Bergstrom

 

Phoenix Child Support

Child support is simply money paid by one parent to the other parent to assist in covering costs associated with minor children. In most cases, the parent who cares for the children most of the time will receive child support from the other parent. Child support has priority over all other financial obligations and is not dischargeable in bankruptcy.

In Arizona, child support is calculated according to a formula. The amount produced by the formula is the presumptive amount of support, although in appropriate cases, the court can deviate upward or downward from the guideline amount. Extracurricular activity expenses for the children are addressed separately, because the children’s activities typically change over time. A child support order will also assign responsibility for sharing in any medical costs for the children that are not covered by insurance, and will allocate the right to claim each child as a dependent on the parents’ income tax returns. If you would like me to prepare a sample child support worksheet for you, please contact me.

By: Attorney Erik Bergstrom

Phoenix Child Support

Child support is simply money paid by one parent to the other parent to assist in covering costs associated with minor children. In most cases, the parent who cares for the children most of the time will receive child support from the other parent. Child support has priority over all other financial obligations and is not dischargeable in bankruptcy.

In Arizona, child support is calculated according to a formula. The amount produced by the formula is the presumptive amount of support, although in appropriate cases, the court can deviate upward or downward from the guideline amount. Extracurricular activity expenses for the children are addressed separately, because the children’s activities typically change over time. A child support order will also assign responsibility for sharing in any medical costs for the children that are not covered by insurance, and will allocate the right to claim each child as a dependent on the parents’ income tax returns. If you would like me to prepare a sample child support worksheet for you, please contact me.

By: Attorney Erik Bergstrom

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.

How Much Alimony Will I Receive After My Divorce | Scottsdale Alimony Laws

Greg Davis

 

Awarding Spousal Maintenance in Scottsdale

In Arizona, there’s no specific amount a spouse might receive with respect to spousal maintenance. If you look on the internet, you will find spousal maintenance guidelines, containing a formula. That formula was rejected by the Arizona courts. A.R.S section 25-319(B) governs how much spousal maintenance a court will award. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Awarding Spousal Maintenance in Scottsdale

In Arizona, there’s no specific amount a spouse might receive with respect to spousal maintenance. If you look on the internet, you will find spousal maintenance guidelines, containing a formula. That formula was rejected by the Arizona courts. A.R.S section 25-319(B) governs how much spousal maintenance a court will award. For more details, contact me, Greg Davis at 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

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.ย  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.ย  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.ย  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.ย  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.ย  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.ย  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.ย  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.ย  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

How The Courts Determine Spousal Maintenance | Phoenix Family Law

Joel Hoffman

 

Spousal Maintenance in Arizona

Alimony, which is called spousal maintenance in Arizona, is determined by the factors outlined in Arizona revised statute title 25, section 319, subsection A and subsection B. The court first looks at the threshold criteria in subsection A.

Eligibility

The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;

  • The property each spouse receives in the divorce
  • If a spouse is a stay at home parent with young children
  • if a spouse contributed to the educational opportunities of the other spouse
  • the reasonable monthly expenses of the spouse
  • the length of the marriage, and the health condition and employability of the spouse

If the court determines the spouse is eligible to receive spousal maintenance, under subsection A, then the court will consider the amount and duration under the thirteen statutory factors in subsection B.

If you call me at Warner Angle, (602) 264-7101, I’ll be glad to schedule a complimentary consultation to discuss your ability to receive spousal maintenance. I look forward to meeting with you soon.

By: Attorney Joel Hoffman

Spousal Maintenance in Arizona

Alimony, which is called spousal maintenance in Arizona, is determined by the factors outlined in Arizona revised statute title 25, section 319, subsection A and subsection B. The court first looks at the threshold criteria in subsection A.

Eligibility

The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;

  • The property each spouse receives in the divorce
  • If a spouse is a stay at home parent with young children
  • if a spouse contributed to the educational opportunities of the other spouse
  • the reasonable monthly expenses of the spouse
  • the length of the marriage, and the health condition and employability of the spouse

If the court determines the spouse is eligible to receive spousal maintenance, under subsection A, then the court will consider the amount and duration under the thirteen statutory factors in subsection B.

If you call me at Warner Angle, (602) 264-7101, I’ll be glad to schedule a complimentary consultation to discuss your ability to receive spousal maintenance. I look forward to meeting with you soon.

By: Attorney Joel Hoffman

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