Arizona Family Law Laws

Can I Modify an Existing Child Support Order in Arizona?

Kip Micuda

 

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.

By: Attorney Kip Micuda

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.

By: Attorney Kip Micuda

What Happens to Child Support When a Parent Loses Their Job | Scottsdale Child…

Greg Davis

 

How Job Loss Effects Child Support

When a parent loses his or her job, the answer is nothing. Nothing happens to child support. A parent who loses his or her job continues to be obligated to pay the court ordered amount of child support, whether or not a parent is working, a parent has an increase in income, a decrease in income, it’s that parent’s obligation to modify child support and that parent should seek legal advice immediately upon losing his or her job. Call me for more information. Greg Davis, Davis Limited, (602) 279-1900.

By: Greg Davis

How Job Loss Effects Child Support

When a parent loses his or her job, the answer is nothing. Nothing happens to child support. A parent who loses his or her job continues to be obligated to pay the court ordered amount of child support, whether or not a parent is working, a parent has an increase in income, a decrease in income, it’s that parent’s obligation to modify child support and that parent should seek legal advice immediately upon losing his or her job. Call me for more information. Greg Davis, Davis Limited, (602) 279-1900.

By: Greg Davis

How Do I Enforce Parenting Time | Arizona

Kip Micuda

 

As you might imagine, parenting time or the enforcement of parenting time is an issue that we deal with frequently. There’s a couple ways to deal with it. First, and the way that we prefer, is to be able contact the other party, or perhaps their attorney and try to resolve the issue informally. That can result in an agreement between the parties, it can be approved by the court and you’re essentially done. A more formal process is to file a petition to enforce parenting time. That petition itself is generally, fairly brief and fairly simple. However, the process of getting a court order on that petition can be rather involved and rather significant. If you have any specific questions or have other requests, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

Contact an Arizona divorce lawyer to begin enforcing your parenting time.

By: Attorney Kip Micuda

As you might imagine, parenting time or the enforcement of parenting time is an issue that we deal with frequently. There’s a couple ways to deal with it. First, and the way that we prefer, is to be able contact the other party, or perhaps their attorney and try to resolve the issue informally. That can result in an agreement between the parties, it can be approved by the court and you’re essentially done. A more formal process is to file a petition to enforce parenting time. That petition itself is generally, fairly brief and fairly simple. However, the process of getting a court order on that petition can be rather involved and rather significant. If you have any specific questions or have other requests, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

Contact an Arizona divorce lawyer to begin enforcing your parenting time.

By: Attorney Kip Micuda

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

Can I Modify Spousal Maintenance | Arizona

Michael Clancy

 

Spousal maintenance can be modified by showing a substantial and continuing change of financial circumstances. Well what does that mean? It can mean any number of things. It can mean that you changed jobs. It can mean you have moved. It can mean you have less parenting time. It can mean that you suffered a catastrophic injury and you’re not able to work anymore. Each case is unique and it requires a specific inspection by the attorney who you hire. Also to consider, if your decree says that spousal maintenance is non-modifiable, unfortunately at that point, the court doesn’t have the power to modify, so the answer to the question then would be no. But again, I would love to talk to you more about your case and if you’d like to talk to me, you can email me.

To modify spousal maintenance in Arizona, contact a Scottsdale divorce attorney.

By: Attorney Michael Clancy

Spousal maintenance can be modified by showing a substantial and continuing change of financial circumstances. Well what does that mean? It can mean any number of things. It can mean that you changed jobs. It can mean you have moved. It can mean you have less parenting time. It can mean that you suffered a catastrophic injury and you’re not able to work anymore. Each case is unique and it requires a specific inspection by the attorney who you hire. Also to consider, if your decree says that spousal maintenance is non-modifiable, unfortunately at that point, the court doesn’t have the power to modify, so the answer to the question then would be no. But again, I would love to talk to you more about your case and if you’d like to talk to me, you can email me.

To modify spousal maintenance in Arizona, contact a Scottsdale divorce attorney.

By: Attorney Michael Clancy

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 Long Does a Legal Separation Take | Arizona

Michael Clancy

 

Legal separation can take a number of months. It can actually take longer than that, but the minimum time in Arizona is sixty days, which is the exact same as a divorce. So, if you were hoping for a quicker disposition of your legal separation, unfortunately you are not able to do that any faster than you would a divorce. But, that’s not the only reason to consider a legal separation. Each case is different. Each case is unique and we’d love the opportunity to talk about that with you. If you’d like more information, contact me.

By: Attorney Michael Clancy

Legal separation can take a number of months. It can actually take longer than that, but the minimum time in Arizona is sixty days, which is the exact same as a divorce. So, if you were hoping for a quicker disposition of your legal separation, unfortunately you are not able to do that any faster than you would a divorce. But, that’s not the only reason to consider a legal separation. Each case is different. Each case is unique and we’d love the opportunity to talk about that with you. If you’d like more information, contact me.

By: Attorney Michael Clancy

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 To Establish Paternity In Arizona | Phoenix Family Law

Joel Hoffman

 

Paternity Proceedings

The paternity proceedings in Arizona are controlled by Arizona revised statute title 25, starting at section 801. Mother may file petition to establish paternity and serve the alleged father she believes to be the child’s biological father. If the alleged father files an answer denying paternity, mother may request that the court order the alleged father to submit to a DNA test to determine paternity.

Default Judgement

If the alleged father, after being served, refuses to file an answer with the court, mother may request that the court enter a default judgment against the alleged father, establishing by court order that he is the child’s biological father.

Child Support

Once a mother establishes paternity, then she can proceed to obtain child support against the father pursuant to the Arizona child support guidelines. Please call me at Warner Angle, (602) 264-7101. I can schedule a complimentary consultation to discuss in more detail the necessary steps to obtain an order of paternity and have the court decide legal decision making, parenting time and child support. I look forward to meeting with you.

By: Attorney Joel Hoffman

Paternity Proceedings

The paternity proceedings in Arizona are controlled by Arizona revised statute title 25, starting at section 801. Mother may file petition to establish paternity and serve the alleged father she believes to be the child’s biological father. If the alleged father files an answer denying paternity, mother may request that the court order the alleged father to submit to a DNA test to determine paternity.

Default Judgement

If the alleged father, after being served, refuses to file an answer with the court, mother may request that the court enter a default judgment against the alleged father, establishing by court order that he is the child’s biological father.

Child Support

Once a mother establishes paternity, then she can proceed to obtain child support against the father pursuant to the Arizona child support guidelines. Please call me at Warner Angle, (602) 264-7101. I can schedule a complimentary consultation to discuss in more detail the necessary steps to obtain an order of paternity and have the court decide legal decision making, parenting time and child support. I look forward to meeting with you.

By: Attorney Joel Hoffman

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