Alimony is referred to in Arizona as spousal support or spousal maintenance. The parent that receives alimony must report those payments as taxable income on his or her federal and state tax returns. A spouse that pays alimony must report those payments as a deduction on their federal and state tax returns. However, the parties can agree to treat alimony differently, as far as it’s taxability. They can agree to treat it is part of a property settlement or as part of an equalization. In that instance, there is no reporting of alimony on either party’s tax returns at all. If you have any questions about alimony and the taxability of it, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
Alimony is referred to in Arizona as spousal support or spousal maintenance. The parent that receives alimony must report those payments as taxable income on his or her federal and state tax returns. A spouse that pays alimony must report those payments as a deduction on their federal and state tax returns. However, the parties can agree to treat alimony differently, as far as it’s taxability. They can agree to treat it is part of a property settlement or as part of an equalization. In that instance, there is no reporting of alimony on either party’s tax returns at all. If you have any questions about alimony and the taxability of it, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
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.
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.
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.
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.
My name is Kip Micuda. I practice in family law and I’ve been practicing for about twenty-five years now. I can’t think of too many circumstances if any, where the fit between lawyer and client is more important than in family law matters. Family court cases are fluid. They’re constantly changing. The lawyer’s first interest, first obligation is to help the client get where the client ought to be. But, in addition to that, at least for me, having a personal relationship with my client is often very important. I’m trying to create a personal connection with them that leaves them with no doubt that I care about them, I care about their children and I care about their case. And, in doing that I often share with them, my parents split up when I was twelve years old and it was very difficult on my brother and I. At one point, we were asked, which parent do you want to go with and I remember very distinctly telling, both my parents, I’m not picking between my parents. I do have some understanding of what they’re going through and in particular, I have some understanding of what their children are going through. I think it gives me a perspective that lawyers that haven’t been through that, don’t have. Those cases particularly when the children are undergoing some real difficulties, whether it’s trauma from what’s going on between the parents or whatever the case might be. The thing that I always keep in mind is that they rarely have a voice. I tend to take it upon myself that while I’m representing a parent, or a custodian, or a guardian, or a grandparent, whoever, I always try to keep an eye on what’s going on with the children. You’ve just spent a few moments looking at my profile, thank you. I hope that it convinces you that I’m professional, knowledgeable, and that my client’s interests are very important to me. If you’d like to talk to me about representation in a family law matter, I ask that you do so. Please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
My name is Kip Micuda. I practice in family law and I’ve been practicing for about twenty-five years now. I can’t think of too many circumstances if any, where the fit between lawyer and client is more important than in family law matters. Family court cases are fluid. They’re constantly changing. The lawyer’s first interest, first obligation is to help the client get where the client ought to be. But, in addition to that, at least for me, having a personal relationship with my client is often very important. I’m trying to create a personal connection with them that leaves them with no doubt that I care about them, I care about their children and I care about their case. And, in doing that I often share with them, my parents split up when I was twelve years old and it was very difficult on my brother and I. At one point, we were asked, which parent do you want to go with and I remember very distinctly telling, both my parents, I’m not picking between my parents. I do have some understanding of what they’re going through and in particular, I have some understanding of what their children are going through. I think it gives me a perspective that lawyers that haven’t been through that, don’t have. Those cases particularly when the children are undergoing some real difficulties, whether it’s trauma from what’s going on between the parents or whatever the case might be. The thing that I always keep in mind is that they rarely have a voice. I tend to take it upon myself that while I’m representing a parent, or a custodian, or a guardian, or a grandparent, whoever, I always try to keep an eye on what’s going on with the children. You’ve just spent a few moments looking at my profile, thank you. I hope that it convinces you that I’m professional, knowledgeable, and that my client’s interests are very important to me. If you’d like to talk to me about representation in a family law matter, I ask that you do so. Please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
I take on your case as though it were my case. I’ve been practicing a lot for 25 years primarily in the family law arena. Other areas have been civil litigation, juvenile law, and probate and estate. I’m primarily doing what I do for the best interest of the children. I have a five-year-old, so I’m very into the well-being and the best interest of the children. Clients can expect from me a compassionate, experienced and somewhat aggressive type representation. I represent you and your ideals and your request to the degree that I can under the ethical rules of the law. And gain what we’re able to gain in the process in your family law case.
By: Alan Cochran
I take on your case as though it were my case. I’ve been practicing a lot for 25 years primarily in the family law arena. Other areas have been civil litigation, juvenile law, and probate and estate. I’m primarily doing what I do for the best interest of the children. I have a five-year-old, so I’m very into the well-being and the best interest of the children. Clients can expect from me a compassionate, experienced and somewhat aggressive type representation. I represent you and your ideals and your request to the degree that I can under the ethical rules of the law. And gain what we’re able to gain in the process in your family law case.
By: Alan Cochran
Hi, my name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the Family Law Department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system.
One method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can only occur by agreement. A judge has no jurisdiction or authority to order people to mediate. It is a voluntary process. There are many potential advantages of mediating a family law dispute.
First, the parties select the person who will be their mediator. Next, the parties can decide which issues will be submitted to the mediator. They have the choice of trying to resolve all of their issues in mediation or perhaps, only some of the issues in mediation where some issues need to be litigated.
Mediation is also an alternative that can be tailored to suit the parties’ particular time schedules. It occurs in a private office and not a public courtroom. What occurs in a mediation proceeding is confidential. Although, if there is an agreement, the agreement will be adopted by the court and then, become public. The parties can also choose to mediate with or without lawyers. Now, there’s a danger to that. There’s a big risk when parties mediate without lawyers and we don’t typically recommend it. But, it is an alternative particularly if there’s an issue that is relatively simple where the parties believe they do not need the presence of their lawyer with them during all of the time with the mediator.
Also, other professionals can be brought in to a mediation process. Professional financial planners, business evaluation experts, or even mental health professionals can be part of a mediation process. All based on choices made by the parties and not decisions imposed on them by a judicial officer. Given all of these potential advantages, we often find that opting out by engaging in mediation helps us reach our goal of maximizing the probability that our clients obtain a favorable outcome in their family law dispute.
Hi, my name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the Family Law Department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system.
One method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can only occur by agreement. A judge has no jurisdiction or authority to order people to mediate. It is a voluntary process. There are many potential advantages of mediating a family law dispute.
First, the parties select the person who will be their mediator. Next, the parties can decide which issues will be submitted to the mediator. They have the choice of trying to resolve all of their issues in mediation or perhaps, only some of the issues in mediation where some issues need to be litigated.
Mediation is also an alternative that can be tailored to suit the parties’ particular time schedules. It occurs in a private office and not a public courtroom. What occurs in a mediation proceeding is confidential. Although, if there is an agreement, the agreement will be adopted by the court and then, become public. The parties can also choose to mediate with or without lawyers. Now, there’s a danger to that. There’s a big risk when parties mediate without lawyers and we don’t typically recommend it. But, it is an alternative particularly if there’s an issue that is relatively simple where the parties believe they do not need the presence of their lawyer with them during all of the time with the mediator.
Also, other professionals can be brought in to a mediation process. Professional financial planners, business evaluation experts, or even mental health professionals can be part of a mediation process. All based on choices made by the parties and not decisions imposed on them by a judicial officer. Given all of these potential advantages, we often find that opting out by engaging in mediation helps us reach our goal of maximizing the probability that our clients obtain a favorable outcome in their family law dispute.
The court can only grant a decree of legal separation if it finds that one (1), both parties desire to live separate and apart and two (2), neither party objects to the legal separation. If either party objects to the legal separation, the court will convert the case into a divorce, or dissolution of marriage.
So, if you file for legal separation and your spouse does not agree and instead files for divorce, the court cannot grant a legal separation and the case will be processed as a dissolution of marriage. Other than religious grounds, there are usually not strong legal reasons for pursuing a legal separation instead of a divorce. If you would like more information about the difference between a legal separation and a divorce, please contact me.
The court can only grant a decree of legal separation if it finds that one (1), both parties desire to live separate and apart and two (2), neither party objects to the legal separation. If either party objects to the legal separation, the court will convert the case into a divorce, or dissolution of marriage.
So, if you file for legal separation and your spouse does not agree and instead files for divorce, the court cannot grant a legal separation and the case will be processed as a dissolution of marriage. Other than religious grounds, there are usually not strong legal reasons for pursuing a legal separation instead of a divorce. If you would like more information about the difference between a legal separation and a divorce, please contact me.
I am asked the question, “does it make sense to file first” all the time, almost every day. The truth is it doesn’t matter at all whether you’re the petitioner or the respondent. What may matter, however, is the filing attorney’s zip code controls what judicial district you end up in.
So, if you call me, Greg Davis, my zip code points me to the northeast judicial district. That is my home court. Every attorney has a home court and I like mine. Most attorneys like theirs too. For more information, please contact me, Greg Davis, at (602) 279-1900.
By: Greg Davis
I am asked the question, “does it make sense to file first” all the time, almost every day. The truth is it doesn’t matter at all whether you’re the petitioner or the respondent. What may matter, however, is the filing attorney’s zip code controls what judicial district you end up in.
So, if you call me, Greg Davis, my zip code points me to the northeast judicial district. That is my home court. Every attorney has a home court and I like mine. Most attorneys like theirs too. For more information, please contact me, Greg Davis, at (602) 279-1900.
By: Greg Davis
Prenuptial agreements are generally enforceable in Arizona courts. There are some pre-requisites though that are required before a prenuptial agreement can be enforced by a court. Number one, the court has to find that it was in writing and made in contemplation of marriage. Secondly, it can’t be unconscionable. If it’s unconscionable, that means it’s not fair, certain requirements weren’t made for financial disclosure or the waiver of financial disclosures, or that the provisions of the agreement were repugnant to the sense of justice. Each case is uniquely different and we’d be happy to look at your case individually. If you’d like to talk to us more about that, feel free to email me.
Prenuptial agreements are generally enforceable in Arizona courts. There are some pre-requisites though that are required before a prenuptial agreement can be enforced by a court. Number one, the court has to find that it was in writing and made in contemplation of marriage. Secondly, it can’t be unconscionable. If it’s unconscionable, that means it’s not fair, certain requirements weren’t made for financial disclosure or the waiver of financial disclosures, or that the provisions of the agreement were repugnant to the sense of justice. Each case is uniquely different and we’d be happy to look at your case individually. If you’d like to talk to us more about that, feel free to email me.
A mandatory reporter is somebody who has a legal duty, as outlined in the statute, to report any reasonable suspicion of abuse or neglect of a child. That can be a parent, it could be a physician, it could be a caregiver. But, if your job or title appears in the statue, it’s something that you ought to look into personally to see that if you are a mandatory reporter, you do have a duty to report any neglect or abuse to CPS, or to a police officer. If you’d like more information about a mandatory reporter, please give me an email.
A mandatory reporter is somebody who has a legal duty, as outlined in the statute, to report any reasonable suspicion of abuse or neglect of a child. That can be a parent, it could be a physician, it could be a caregiver. But, if your job or title appears in the statue, it’s something that you ought to look into personally to see that if you are a mandatory reporter, you do have a duty to report any neglect or abuse to CPS, or to a police officer. If you’d like more information about a mandatory reporter, please give me an email.
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