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.
Parents may decide they want to change a child’s last name. This typically occurs when a child is born to an unmarried couple. The father may want the child to have his last name while the mother may not want to change the name at all. A child’s last name is his or her identity. The child’s last name also reflects the identity of his or her parents. Learn more about changing a child’s last name in Arizona from Arizona child custody attorney, Michael Clancy, of Hildebrand Law, PC.
You can contact Michael Clancy at (480)305-8300 to schedule a consultation.
Parents may decide they want to change a child’s last name. This typically occurs when a child is born to an unmarried couple. The father may want the child to have his last name while the mother may not want to change the name at all. A child’s last name is his or her identity. The child’s last name also reflects the identity of his or her parents. Learn more about changing a child’s last name in Arizona from Arizona child custody attorney, Michael Clancy, of Hildebrand Law, PC.
You can contact Michael Clancy at (480)305-8300 to schedule a consultation.
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.
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.
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
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
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