Arizona Family Law Laws

Is Alimony Taxable in Arizona?

Kip Micuda

 

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.

By: Attorney Kip Micuda

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.

By: Attorney Kip Micuda

Parenting Coordinators | Arizona Family Law

Laurence B. Hirsch

 

What is a Parenting Coordinator?

Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Parenting coordinators are appointed by the court, and the main thing that they do is help parents make decisions when the parents can’t agree. Look, the parties are getting divorced. Clearly they’re not seeing eye to eye on everything, and more often than not they don’t see eye to eye on parental decisions, nor can they make even the most simplistic agreements on their own. And so a lot of times somebody needs some help, and that’s where parenting coordinators come into play.

Who are Parenting Coordinators?

Parenting coordinators are often either other family lawyers who are well-versed in custodial litigation, or they’re mental health professionals or medical doctors.

Appropriate Issues

What kinds of issues are appropriate for what we call a PC to oversee? They’re issues like school, vacations, the change of a parenting day, the right of first refusal, babysitters, caregivers, even medical arrangements, medical decisions, which doctors they’re going to see. In other words, these are often things that people shouldn’t be litigating about. They shouldn’t be spending $10,000 on the issue of should I be picking up the kid at 3:15 on Thursday or 3 o’clock on Thursday? So that’s where parenting coordinators come into play – highly beneficial for the parties, saves a ton of money, also helps everybody’s mental health because things are handled quickly by the parenting coordinator.

Non-Appropriate Issues

Now, what are parenting coordinators not for? The main thing that a parenting coordinator is not for is making decisions with regard to decision-making authority or custody. In other words, if you are already divorced and you want to change your custodial access schedule – let’s say it’s week on/week off – and you don’t think father should be seeing the children that much any longer, the parenting coordinator is not the right person to go to for that. Unfortunately, the court is.

By: Laurence Hirsch

What is a Parenting Coordinator?

Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Parenting coordinators are appointed by the court, and the main thing that they do is help parents make decisions when the parents can’t agree. Look, the parties are getting divorced. Clearly they’re not seeing eye to eye on everything, and more often than not they don’t see eye to eye on parental decisions, nor can they make even the most simplistic agreements on their own. And so a lot of times somebody needs some help, and that’s where parenting coordinators come into play.

Who are Parenting Coordinators?

Parenting coordinators are often either other family lawyers who are well-versed in custodial litigation, or they’re mental health professionals or medical doctors.

Appropriate Issues

What kinds of issues are appropriate for what we call a PC to oversee? They’re issues like school, vacations, the change of a parenting day, the right of first refusal, babysitters, caregivers, even medical arrangements, medical decisions, which doctors they’re going to see. In other words, these are often things that people shouldn’t be litigating about. They shouldn’t be spending $10,000 on the issue of should I be picking up the kid at 3:15 on Thursday or 3 o’clock on Thursday? So that’s where parenting coordinators come into play – highly beneficial for the parties, saves a ton of money, also helps everybody’s mental health because things are handled quickly by the parenting coordinator.

Non-Appropriate Issues

Now, what are parenting coordinators not for? The main thing that a parenting coordinator is not for is making decisions with regard to decision-making authority or custody. In other words, if you are already divorced and you want to change your custodial access schedule – let’s say it’s week on/week off – and you don’t think father should be seeing the children that much any longer, the parenting coordinator is not the right person to go to for that. Unfortunately, the court is.

By: Laurence Hirsch

How to Modify Spousal Support | Scottsdale Alimony Laws

Greg Davis

 

Spousal Maintenance in Scottsdale

In Arizona, most people can modify spousal support upon a showing of substantial and continuing changes in circumstances, such as the loss of a job. However, some people execute marital settlement agreements, or property settlement agreements when they are divorcing. Some of these agreements contain non-modifiable spousal maintenance provisions. In those circumstances, spousal maintenance cannot be modified. For more details, please contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Spousal Maintenance in Scottsdale

In Arizona, most people can modify spousal support upon a showing of substantial and continuing changes in circumstances, such as the loss of a job. However, some people execute marital settlement agreements, or property settlement agreements when they are divorcing. Some of these agreements contain non-modifiable spousal maintenance provisions. In those circumstances, spousal maintenance cannot be modified. For more details, please contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

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

What Should I Expect During the First Meeting With My Divorce Attorney | Arizona

Mitchell Reichman

 

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

How can I make the most of my first meeting?

The way a client can make the most of their first meeting with me is to be organized and to bring me basic general information. So I want a simple statement of their assets and their liabilities. I’d like to see the most recent three years of tax returns. And I recommend the client bring notes. At least bullet points of the topics the client would like to cover in that first meeting.

Should I bring all of my records to the first meeting?

I don’t ask them to bring a lot of documents to the first meeting. We’re going to follow up and gather a lot of documents during the process. Certainly I would not want the to bring a box of records to the meeting. It would be very inefficient, very expensive for the client for me to be thumbing through a box of records in that first meeting.

What information are you looking for initially?

We’re looking for broad strokes of information. We want to identify in that first meeting what the assets are and what the liabilities are. To find out about their children. To know about income and expenses. To see if someone is going to be needing spousal maintenance for example. So just broadly identify the topics we’re going to need to address. We’re going to gather a lot of details along the way, but that wouldn’t be a useful way to spend our time the first meeting.

By: Mitchell Reichman

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

How can I make the most of my first meeting?

The way a client can make the most of their first meeting with me is to be organized and to bring me basic general information. So I want a simple statement of their assets and their liabilities. I’d like to see the most recent three years of tax returns. And I recommend the client bring notes. At least bullet points of the topics the client would like to cover in that first meeting.

Should I bring all of my records to the first meeting?

I don’t ask them to bring a lot of documents to the first meeting. We’re going to follow up and gather a lot of documents during the process. Certainly I would not want the to bring a box of records to the meeting. It would be very inefficient, very expensive for the client for me to be thumbing through a box of records in that first meeting.

What information are you looking for initially?

We’re looking for broad strokes of information. We want to identify in that first meeting what the assets are and what the liabilities are. To find out about their children. To know about income and expenses. To see if someone is going to be needing spousal maintenance for example. So just broadly identify the topics we’re going to need to address. We’re going to gather a lot of details along the way, but that wouldn’t be a useful way to spend our time the first meeting.

By: Mitchell Reichman

Opting Out of Famility Dispute Through Arbitration | Arizona

Mitchell Reichman

 

What is Opting Out?

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 of the ways parties can choose to opt out is by choosing to arbitrate.

What is Arbitration?

Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.

Can You Appeal an Arbitration Decision?

Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.

By: Mitchell Reichman

What is Opting Out?

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 of the ways parties can choose to opt out is by choosing to arbitrate.

What is Arbitration?

Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.

Can You Appeal an Arbitration Decision?

Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.

By: Mitchell Reichman

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

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

Who is a Mandatory Reporter | Arizona

Michael Clancy

 

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.

By: Attorney Michael Clancy

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.

By: Attorney Michael Clancy

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