Arizona Family Law Laws

What is Sole Legal Decision Making Authority | Scottsdale Child Custody

Greg Davis

 

Legal Decision Making

In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Legal Decision Making

In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

What is a Wage Assignment | Scottsdale Child Support

C.D. Owens

 

Wage Assignments

A wage assignment is something that the court does when the payer of child support is employed, if he has a job, an employer, somebody who pays him salary twice a month or once a month. The court will issue an order to his employer instructing him to deduct the amount of child support on the court’s order for child support from his salary each time a check is written to him.

So it can be twice a month, once a week, once a month and any changes that the employer wants to make, needs to make has to go through the court. If anyone has any difficulty with that, they are free to call us anytime.

By: CD Owens

Wage Assignments

A wage assignment is something that the court does when the payer of child support is employed, if he has a job, an employer, somebody who pays him salary twice a month or once a month. The court will issue an order to his employer instructing him to deduct the amount of child support on the court’s order for child support from his salary each time a check is written to him.

So it can be twice a month, once a week, once a month and any changes that the employer wants to make, needs to make has to go through the court. If anyone has any difficulty with that, they are free to call us anytime.

By: CD Owens

What is a Child Support Order | Scottsdale Family Law

C.D. Owens

 

Child Support Order Explained

A child support order is one that’s written by a court through and by the use of a child support worksheet. The worksheet itself contains all the statistical data from which the court is able to derive the basis for the calculation and the amount of the child support.

Elements of Child Support Order

It covers income of the parties, the amount of access of visitation that the non-custodial parent would have and it covers the visitation periods, which causes the amount of child support to go up and down. So, it’s the worksheet that constitutes the basis for the order and the order itself is a simple concise statement of the court’s direction and order as to the amount of money that is to be paid by the payer. If anybody has any questions about the method of calculation, our details of what goes into the figure that’s placed, they can always call our office. We are happy to provide it.

By: CD Owens

Child Support Order Explained

A child support order is one that’s written by a court through and by the use of a child support worksheet. The worksheet itself contains all the statistical data from which the court is able to derive the basis for the calculation and the amount of the child support.

Elements of Child Support Order

It covers income of the parties, the amount of access of visitation that the non-custodial parent would have and it covers the visitation periods, which causes the amount of child support to go up and down. So, it’s the worksheet that constitutes the basis for the order and the order itself is a simple concise statement of the court’s direction and order as to the amount of money that is to be paid by the payer. If anybody has any questions about the method of calculation, our details of what goes into the figure that’s placed, they can always call our office. We are happy to provide it.

By: CD Owens

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

What Does "Opting Out" Mean | Arizona Family Law

Mitchell Reichman

 

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.

Mediation

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.

Who Can Attend Mediation?

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.

By: Mitchell Reichman

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.

Mediation

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.

Who Can Attend Mediation?

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.

By: Mitchell Reichman

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 partyโ€™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 partyโ€™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

What is a Parenting Plan in Arizona | Hildebrand Law, PC

Michael Clancy

 

A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.

By: Attorney Michael Clancy

A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.

By: Attorney Michael Clancy

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