Arizona Family Law Laws

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

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 Long Will My Divorce Take to be Final and How Much Will I…

Mitchell Reichman

 

Hi. I’m Mitch Reichman. I’m a state board of Arizona certified specialist in family law, and I practice at Jaburg and Wilk.

How long will it take for my divorce to be final?

The amount of time it takes for your divorce to be finale is different in everyone’s case. It’s driven by a number of factors. The first is whether other professionals need to be brought into the case, such as custody evaluators or business appraisers. They are the major factor in terms of how long it will take your divorce to be finale, is whether your case goes to trial.  If we resolve your case short of trial, it will typically take less time. If we have to go to trial, then we have to deal with the judge’s calendar. Most judges are setting trails three to six months out, so by the time you know you need to go to trial you might wait another three to six months, and your case might not be resolved for over a year.

How much in attorney fees will I incur in my divorce?

The amount of attorney’s fees you incur in your divorce largely depends on the reasonableness of the positions that each party takes during the course of the proceedings. If your case is a high conflict case and where people take unreasonable positions, it will take longer for us to help you through the process, and therefore you incur more in fees. Truly is impossible to predict in the beginning of your case how much you’re going to incur in attorney’s fees, because we don’t know what positions the other side is going to take. As your case develops, as we get information, we’ll at some point have a good idea of how much you’ll incur in fees and be able to predict that for you.

By: Mitchell Reichman

Hi. I’m Mitch Reichman. I’m a state board of Arizona certified specialist in family law, and I practice at Jaburg and Wilk.

How long will it take for my divorce to be final?

The amount of time it takes for your divorce to be finale is different in everyone’s case. It’s driven by a number of factors. The first is whether other professionals need to be brought into the case, such as custody evaluators or business appraisers. They are the major factor in terms of how long it will take your divorce to be finale, is whether your case goes to trial.  If we resolve your case short of trial, it will typically take less time. If we have to go to trial, then we have to deal with the judge’s calendar. Most judges are setting trails three to six months out, so by the time you know you need to go to trial you might wait another three to six months, and your case might not be resolved for over a year.

How much in attorney fees will I incur in my divorce?

The amount of attorney’s fees you incur in your divorce largely depends on the reasonableness of the positions that each party takes during the course of the proceedings. If your case is a high conflict case and where people take unreasonable positions, it will take longer for us to help you through the process, and therefore you incur more in fees. Truly is impossible to predict in the beginning of your case how much you’re going to incur in attorney’s fees, because we don’t know what positions the other side is going to take. As your case develops, as we get information, we’ll at some point have a good idea of how much you’ll incur in fees and be able to predict that for you.

By: Mitchell Reichman

Sole & Separate Home & Business Divorce Case | Arizona Family Law

Laurence B. Hirsch

 

Separate Business in Divorce Case

Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Arizona has a case called [?], and that case has allowed the spouse that doesn’t own the business to actually have an interest in the appreciation and value of that business during the course of the marriage. What we’re looking at is labor, toil, and efforts of the community. Best way to think about this is, if I have a sole and separate business and I’m actually doing something to help that business, my spouse may have a claim to my sole and separate property.

Separate Home in Divorce Case

This same situation can occur with separate property homes. So let’s say that you get married, and you have a house that’s worth $500,000. Your community earnings bought the new pool, the new landscaping, and put in the addition, and when you file for divorce that house is worth $1.5 million, so you’ve got $1,000,000 of appreciation during the marriage. Is it fair that the spouse who owned the house coming into the marriage receives all $1,000,000 of appreciation? The courts in Arizona don’t typically think so. So those are two situations where your sole and separate property is not necessarily 100% your sole and separate property. Always be wary that there may be what we call a community lien on your separate property.

By: Laurence B. Hirsch

Separate Business in Divorce Case

Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Arizona has a case called [?], and that case has allowed the spouse that doesn’t own the business to actually have an interest in the appreciation and value of that business during the course of the marriage. What we’re looking at is labor, toil, and efforts of the community. Best way to think about this is, if I have a sole and separate business and I’m actually doing something to help that business, my spouse may have a claim to my sole and separate property.

Separate Home in Divorce Case

This same situation can occur with separate property homes. So let’s say that you get married, and you have a house that’s worth $500,000. Your community earnings bought the new pool, the new landscaping, and put in the addition, and when you file for divorce that house is worth $1.5 million, so you’ve got $1,000,000 of appreciation during the marriage. Is it fair that the spouse who owned the house coming into the marriage receives all $1,000,000 of appreciation? The courts in Arizona don’t typically think so. So those are two situations where your sole and separate property is not necessarily 100% your sole and separate property. Always be wary that there may be what we call a community lien on your separate property.

By: Laurence B. Hirsch

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

What is a Temporary Orders Petition | Scottsdale Family Law

Greg Davis

 

Petition for Temporary Orders in Scottsdale

In Arizona, we have a procedure called a petition for temporary orders. A temporary orders petition asks the court to award spousal maintenance, child support and, or parenting time and decision making authority, with respect to children while the divorce is going on. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Petition for Temporary Orders in Scottsdale

In Arizona, we have a procedure called a petition for temporary orders. A temporary orders petition asks the court to award spousal maintenance, child support and, or parenting time and decision making authority, with respect to children while the divorce is going on. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Divorce Property | Scottsdale Family Law

Kevin Park

 

Scottsdale Divorce Property

In Arizona, property is characterized as community or separate property, as well as joint or common property. The legal characterization of your property may have a significant impact on the course decisions regarding possession, management, or control of the property, as well as division or disposition of the property.

The term property generally refers to all forms or real and personal property including but not limited to: real estate, including homes and undeveloped land, bank and other financial accounts, IRAs, 401(k)s, pension plans and other retirement accounts, stock options, vehicles, and other personal property items. Here’s how community and separate property rights are defined by statute. Community property generally describes all property acquired by either spouse during the party’s marriage.

Typically, it does not matter whether the property’s titled in one or both spouses’ names, so long as the property was acquired by either spouse during the marriage. The most significant exceptions to this general community property rule pertain to property acquired by gift to a particular spouse or through a spouse’s inheritance during marriage. Spouses generally have equal management, control, and disposition rights over their community property.

Separate Property

Separate property generally describes a spouse’s property which is owned by that spouse before marriage or is acquired during marriage by gift or inheritance, and also includes the increase, rents, issues, and profits of that property. In addition, property which is acquired by a spouse after severance of a petition for dissolution of marriage, legal separation, or annulment is also the separate property of that spouse, if the petition results in a decree of dissolution of marriage, legal separation or annulment. Each spouse generally has the sole management, control, and disposition rights of each spouse’s separate property.

By: Kevin Park

Scottsdale Divorce Property

In Arizona, property is characterized as community or separate property, as well as joint or common property. The legal characterization of your property may have a significant impact on the course decisions regarding possession, management, or control of the property, as well as division or disposition of the property.

The term property generally refers to all forms or real and personal property including but not limited to: real estate, including homes and undeveloped land, bank and other financial accounts, IRAs, 401(k)s, pension plans and other retirement accounts, stock options, vehicles, and other personal property items. Here’s how community and separate property rights are defined by statute. Community property generally describes all property acquired by either spouse during the party’s marriage.

Typically, it does not matter whether the property’s titled in one or both spouses’ names, so long as the property was acquired by either spouse during the marriage. The most significant exceptions to this general community property rule pertain to property acquired by gift to a particular spouse or through a spouse’s inheritance during marriage. Spouses generally have equal management, control, and disposition rights over their community property.

Separate Property

Separate property generally describes a spouse’s property which is owned by that spouse before marriage or is acquired during marriage by gift or inheritance, and also includes the increase, rents, issues, and profits of that property. In addition, property which is acquired by a spouse after severance of a petition for dissolution of marriage, legal separation, or annulment is also the separate property of that spouse, if the petition results in a decree of dissolution of marriage, legal separation or annulment. Each spouse generally has the sole management, control, and disposition rights of each spouse’s separate property.

By: Kevin Park

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