Child Support Calculations in Arizona

Child support calculations in Arizona are governed by the Arizona Child Support Guidelines.   These Guidelines establish a formula for calculating child support which family court judges must follow except in rare circumstances.  So is figuring out child support always simple in Arizona cases?  The answer is yes.  And no.  Once the variables which go into the formula are determined, calculating child support is easy, but it is not always so easy to determine the variables on which child support calculations are based.

The primary Arizona child support statute is A.R.S. Sec. 25-320.  Subsection D requires the Arizona Supreme Court to […]

Timing is Everything in Child Support Modification Cases

imagesWhen it comes to Arizona child support modifications, timing is everything.  Child support is always modifiable in Arizona when circumstances change.  These changed circumstances may include increases or decreases in the parents’ incomes, changes in the number of children for whom support is payable, and changes in the cost of medical insurance or child care.  Child support may also be modifiable when parenting-time schedules change. […]

The Importance of Parenting Plans

In cases where children are involved, the final agreement regarding custody (now referred to as “legal decision-making”) and parenting time is memorialized in a document known as a PARENTING PLAN. This document is typically attached to the final order such as a consent decree of dissolution of marriage, an order of paternity or an order modifying legal decision-making and/or parenting time. However, if the parents reach an agreement regarding legal decision-making and parenting time prior to agreeing on all issues, the parenting plan can be adopted as a temporary order or even a final order of the court before the […]

Avoiding Holiday Parenting Time Disputes

StorytimeIt’s that time of year.  It’s why we close the office early on the Wednesday before Thanksgiving and on Christmas Eve.  The phone calls about holiday parenting time disputes.  “Which parent is supposed to have the children on Thanksgiving this year?”  “What time does my Christmas Eve parenting time begin?”  “I have family in town and we have something special planned for Christmas Day, so can I switch times with my ex?”  “Can we file an emergency motion with the court to force my ex to let me have the kids?”

All family law attorneys get the calls this time of year–the […]

Debt Allocation in Divorce Decree Does Not Affect Creditors’ Rights

In the absence of a premarital agreement, most debts incurred during marriage in Arizona  are “community” debts, meaning the debts are owed by both the husband and the wife.  It makes no difference that only one spouse signed for the debt.    Under A.R.S. Section 25-214.B., with limited exceptions outlined in subsection C, either spouse alone has the power to “bind the community.”   In other words, BOTH spouses are liable under Arizona law for debts incurred by EITHER during the marriage.

In a divorce decree, the judge allocates the responsibility for the community debts between the husband and the wife.  For example, suppose Husband and Wife have the following three credit […]

Interstate Jurisdiction Issues

relocation-boxThe U.S. population today is highly mobile.  When a divorce or child custody case is filed after one spouse or parent relocates to a different state without the other spouse/parent, complicated jurisdictional questions can sometimes arise.
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Arizona Divorce Procedure Step-by-Step

How do I begin my Arizona divorce case?  Once my case is filed, what are the next steps in the process?  How and when will my divorce become final?

These are common questions I receive from my clients who are considering divorce or who are just getting started.  To answer these questions for a broader audience, I will be writing a series of blog posts over the coming weeks outlining Arizona divorce procedure on a step-by-step basis. […]

Another Win Today in Child Relocation Case

Another client of mine who opposed the relocation of his daughter out of Arizona received a winning ruling today.  With this win, my record in relocation cases remains perfect.  That is not to say that I will win every relocation case I take — not at all.  It does, however, reinforce my belief that it is extremely difficult for the parent seeking to relocate a child out of state to get court permission to do so. […]

New Child Support Guidelines Now in Effect

The new Arizona Child Support Guidelines are now in effect. The new Guidelines apply to all child support orders entered on or after June 1, 2011, regardless of when the child support establishment or modification action was filed.The new Guidelines make only minor revisions to the previous version. The most significant change in my view is in section 20 and deals with deviations from the Guidelines. A “deviation” from the Guidelines is where the judge decides to award a different child support amount than the amount indicated by the Guideline calculation.

The new section 20 language states as follows: “In cases […]