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
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
Child custody, which is now called legal decision-making modifications, are controlled by Arizona Revised Statutes, title 25, section 411, and Arizona Revised Statutes, title 25, section 403. A parent cannot modify legal decision-making or parenting time earlier than one year after the initial determination. Unless the court permits the request, because there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral, or emotional health.
The first step is to file a Post-Decree Petition for modification with the court. In order to obtain the modification the court considers 11 factors, which are clearly outlined in Arizona Revised Statute, title 25, section 403. Please contact me at Warner Angle, 602-264-7101. I will schedule a complimentary consultation to review your options of obtaining a modification, and the factors that the court considers in making their determination. I’ll look forward to meeting with you.
Child custody, which is now called legal decision-making modifications, are controlled by Arizona Revised Statutes, title 25, section 411, and Arizona Revised Statutes, title 25, section 403. A parent cannot modify legal decision-making or parenting time earlier than one year after the initial determination. Unless the court permits the request, because there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral, or emotional health.
The first step is to file a Post-Decree Petition for modification with the court. In order to obtain the modification the court considers 11 factors, which are clearly outlined in Arizona Revised Statute, title 25, section 403. Please contact me at Warner Angle, 602-264-7101. I will schedule a complimentary consultation to review your options of obtaining a modification, and the factors that the court considers in making their determination. I’ll look forward to meeting with you.
A person can get a legal separation the way he or she can get a divorce. All they have to do is file a petition for legal separation. And the only difference between a legal separation and a divorce in the final analysis is that in a legal separation, obviously you don’t get a divorce. Now, when people come to us we actually advise against it, except in very special cases.
For example, I had a case once where a 55-year old couple were splitting the blanket and were in complete agreement that they should have a legal separation because the wife had cancer and the husband was a top executive for Motorola.
Motorola has an outstanding medical plan and so she couldn’t get that kind of coverage if they were to get a divorce because insurance companies are not going to ensure anybody after the divorce. She couldn’t continue to carry his insurance. She could have what we call COBRA, it’s an expensive temporary application for a short period of time, but that’s one reason why obviously you’d decide to have a legal separation. Could be religious. Catholics, they often don’t want a divorce.
Only in special situations do we advise it because they don’t work out, unless it’s something serious like that. They’re going to come back in less than a year probably and tell the judge they want to change it to a divorce. But, it’s one of the things people can always come talk to us about and have up front information before they start trying to make decisions.
By: CD Owens
A person can get a legal separation the way he or she can get a divorce. All they have to do is file a petition for legal separation. And the only difference between a legal separation and a divorce in the final analysis is that in a legal separation, obviously you don’t get a divorce. Now, when people come to us we actually advise against it, except in very special cases.
For example, I had a case once where a 55-year old couple were splitting the blanket and were in complete agreement that they should have a legal separation because the wife had cancer and the husband was a top executive for Motorola.
Motorola has an outstanding medical plan and so she couldn’t get that kind of coverage if they were to get a divorce because insurance companies are not going to ensure anybody after the divorce. She couldn’t continue to carry his insurance. She could have what we call COBRA, it’s an expensive temporary application for a short period of time, but that’s one reason why obviously you’d decide to have a legal separation. Could be religious. Catholics, they often don’t want a divorce.
Only in special situations do we advise it because they don’t work out, unless it’s something serious like that. They’re going to come back in less than a year probably and tell the judge they want to change it to a divorce. But, it’s one of the things people can always come talk to us about and have up front information before they start trying to make decisions.
By: CD Owens
I want to speak to you today about the different forms of legal custody of a child in the state of Arizona. When we talk about custody, we are really talking about two different aspects of custody as it relates to children.
The first of which is, how much time the child or children spend in the each parent’s home. We refer to that as physical custody.
But, the other aspect of custody has to do with who gets to make the major decisions affecting the child. For example, the decisions regarding education, such as where the child goes to school, medical decisions, the children’s participation in extracurricular activities and even the child’s religious upbringing.
If a parent has sole legal custody, that parent gets to make all those decisions irrespective of the wishes of the other parent. If the parents share joint legal custody however, both parents must agree regarding those decisions for the child. If you have any other questions regarding custody or parenting time in the state of Arizona, please feel free to contact me.
By: Chris Hildebrand
I want to speak to you today about the different forms of legal custody of a child in the state of Arizona. When we talk about custody, we are really talking about two different aspects of custody as it relates to children.
The first of which is, how much time the child or children spend in the each parent’s home. We refer to that as physical custody.
But, the other aspect of custody has to do with who gets to make the major decisions affecting the child. For example, the decisions regarding education, such as where the child goes to school, medical decisions, the children’s participation in extracurricular activities and even the child’s religious upbringing.
If a parent has sole legal custody, that parent gets to make all those decisions irrespective of the wishes of the other parent. If the parents share joint legal custody however, both parents must agree regarding those decisions for the child. If you have any other questions regarding custody or parenting time in the state of Arizona, please feel free to contact me.
By: Chris Hildebrand
You can modify an existing child support order if you can show the court a substantial and continuing change of financial circumstances. What does that mean? Well, there’s a whole lot of factors that go into modifying a child support order. You can be spending more or less time with your child. You can be making more or less money. We’ll have to go through the list and see what the guidelines allow you to consider when modifying a child support order, but the general rule is 15%, up or down, that would change to make the change of circumstances substantial and continuing. But, if you’d like more information or want to talk to me more about modifying a child support order, feel free to give me an email.
You can modify an existing child support order if you can show the court a substantial and continuing change of financial circumstances. What does that mean? Well, there’s a whole lot of factors that go into modifying a child support order. You can be spending more or less time with your child. You can be making more or less money. We’ll have to go through the list and see what the guidelines allow you to consider when modifying a child support order, but the general rule is 15%, up or down, that would change to make the change of circumstances substantial and continuing. But, if you’d like more information or want to talk to me more about modifying a child support order, feel free to give me an email.
A parenting plan is a document, which a judge will make or parents can make themselves. It describes with whom a child will live and on what days of the week. It describes which parent, or both parents will make the decisions for the child. For details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
A parenting plan is a document, which a judge will make or parents can make themselves. It describes with whom a child will live and on what days of the week. It describes which parent, or both parents will make the decisions for the child. For details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
Hi. I’m Mitch Reichman. I’m a board certified family law specialist, and I practice at Jaburg & Wilk.
Community property in Arizona is- it creates a presumption that everything that’s acquired during the marriage by either spouse is owned by the community. It means it’s owned by them jointly. They each have an undivided 100% interest in all of the community property.
If you put money into a business and started the business before marriage, the character of your assets doesn’t change by virtue of you getting married. So if you come into the marriage with a business that’s a growing concern, that business is your separate property. The difficulty is if you are working in the business and the business increases in value during the marriage. How to apportion the increase in value between what the business was in terms of it’s value and earning potential at the time of the marriage, at which time it was your separate property, and how it’s changed during the course of the marriage. Those are very difficult questions to answer, and require typically experts to do that kind of evaluation.
There is a relatively easy way to protect your business or any other separate property before you get married. And that is to have a premarital agreement. Premarital agreements are presumptively enforceable in the state of Arizona. We have adopted something called the Uniform Premarital Agreement Act. And under the Act, as long as you follow certain guidelines, there is a very strong probability that the court will enforce that agreement.
They need to be prepared for a forensic evaluation of their business. Someone is going to be looking at all of the personal benefits they get from the business, and attempting to quantify them. They’re going to be looking for any unusual transactions, they’re going to be looking for any unusual activity in the business that suggest that somebody might be divorce planning. And so what you want to do, is you want to operate as you always have to the extent that you can, and if there is some event or occurrence that causes you to need to do something special, you want to document it as best you can.
Hi. I’m Mitch Reichman. I’m a board certified family law specialist, and I practice at Jaburg & Wilk.
Community property in Arizona is- it creates a presumption that everything that’s acquired during the marriage by either spouse is owned by the community. It means it’s owned by them jointly. They each have an undivided 100% interest in all of the community property.
If you put money into a business and started the business before marriage, the character of your assets doesn’t change by virtue of you getting married. So if you come into the marriage with a business that’s a growing concern, that business is your separate property. The difficulty is if you are working in the business and the business increases in value during the marriage. How to apportion the increase in value between what the business was in terms of it’s value and earning potential at the time of the marriage, at which time it was your separate property, and how it’s changed during the course of the marriage. Those are very difficult questions to answer, and require typically experts to do that kind of evaluation.
There is a relatively easy way to protect your business or any other separate property before you get married. And that is to have a premarital agreement. Premarital agreements are presumptively enforceable in the state of Arizona. We have adopted something called the Uniform Premarital Agreement Act. And under the Act, as long as you follow certain guidelines, there is a very strong probability that the court will enforce that agreement.
They need to be prepared for a forensic evaluation of their business. Someone is going to be looking at all of the personal benefits they get from the business, and attempting to quantify them. They’re going to be looking for any unusual transactions, they’re going to be looking for any unusual activity in the business that suggest that somebody might be divorce planning. And so what you want to do, is you want to operate as you always have to the extent that you can, and if there is some event or occurrence that causes you to need to do something special, you want to document it as best you can.
Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.
If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.
Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.
If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.
A very common question we receive is, how long will it take to finalize my divorce case. In Arizona, the short answer is that it has to take at least (61) days. By statute, the court cannot grant a divorce until 60 days after the case has been filed, and the other person has been served, or notified of the case, and so especially in simple cases where the parties can reach an agreement, we can often finalize those cases in (60) to (90) days.
With more complicated cases, especially those cases where we have to gather documents, and we have to gather evidence, and we have to prepare witnesses, and we have to prepare for trial, those cases can take (4) to (6) months and even in certain cases, up to a year. Now, if you’d like more information about your divorce case, please contact us (480) 733-6800, or you can visit us online.
If you are looking to finalize a divorce case in Arizona, please visit a profile and complete a contact form.
A very common question we receive is, how long will it take to finalize my divorce case. In Arizona, the short answer is that it has to take at least (61) days. By statute, the court cannot grant a divorce until 60 days after the case has been filed, and the other person has been served, or notified of the case, and so especially in simple cases where the parties can reach an agreement, we can often finalize those cases in (60) to (90) days.
With more complicated cases, especially those cases where we have to gather documents, and we have to gather evidence, and we have to prepare witnesses, and we have to prepare for trial, those cases can take (4) to (6) months and even in certain cases, up to a year. Now, if you’d like more information about your divorce case, please contact us (480) 733-6800, or you can visit us online.
If you are looking to finalize a divorce case in Arizona, please visit a profile and complete a contact form.
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