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Can I Change an Arizona Child Support Order

Can I Change an Arizona Child Support Order?

Articles, Child Support

As parents, we know that our children’s well-being is dependent on ongoing financial and emotional support. Child support payments, on the other hand, should be based on the changing and present requirements of the family. This is due to the fact that children grow and change, and their need for financial support frequently increases as […]

Child Custody Evaluations: A List of What to Know

Articles, Child Custody

Child custody evaluations are a frequent occurrence. Nonetheless, despite their commonality, it may be a highly nerve-racking struggle for a parent. To alleviate those worries and provide sufficient preparation for the process, parents should gather information about custody evaluations and their impact on child custody proceedings. Child Custody Evaluation 101 In general, a child custody […]

5 Divorce Mindset Strategies Your Lawyer Wants You to Know

Arizona Divorce, Articles

Support is key In general, guilt arises from the feeling that you failed to fulfill a commitment to a loved one, failed to keep your half of the bargain, or overlooked a vital element that may have changed the outcome. Guilt is frequently the outcome of believing you should have done more or doing something […]

Ultimate Guide to Social Media During Divorce

Arizona Divorce, Articles

Aside from social media postings, people should be exceedingly cautious about what they email or text the other spouse. These are written messages that may be admitted into evidence in court. Once these communications are sent, they can be saved and utilized as evidence to establish anything or to impeach claims made by the spouse […]

A Dad’s Guide to Divorce

Arizona Divorce, Articles, Articles, Child Custody

Divorce can be a stressful and frustrating process. We understand that you may be concerned about what it means and how it will affect you, your children, and your connection with them. But you should be aware that, as a responsible and loving father, you have plenty of legal rights in Arizona. Is it true […]

DIY Divorce in Arizona

Arizona Divorce

I created this guide for people who are considering handling the divorce process in Arizona alone. While it may seem like the most practical and money-saving choice for you right now, that will only be true after you successfully follow the right steps and avoid all the mistakes you’ll read about here. Have you decided […]

AZ Bankruptcy and Divorce in Arizona

Divorce & Bankruptcy in Arizona

Arizona Divorce, Articles, Faqs

How Bankruptcy Affects Divorce in Arizona Is it better to declare bankruptcy before or after divorce in Arizona? Well, that depends. Declaring bankruptcy will impact divorce proceedings, primarily the property settlement. And the property division in divorce will directly affect the former spouse’s bankruptcy estate. Most people file bankruptcy because debt collectors are hounding them […]

business property division in a divorce in Arizona

Business Ownership & Divorce in Arizona

Arizona Divorce, Articles, Property Division

Divorce’s Impact When One or Both Spouses Own a Business Let’s look at what happens during a divorce in Arizona when one or both spouses own a business. You can also learn about dividing your family business during a divorce in AZ here. Defining Arizona Community & Separate Property Arizona is what’s known as a […]

Domestic Violence Basis for Modifying Rule 69 Agreement on Arizona Custody

Child Custody, Domestic Violence

Rule 69 agreement for joint legal decision-making and parenting time was approved and adopted by the court in this Arizona divorce. Once adopted, Rule 69 agreements are binding and must be included in the final decree. Specific findings of substantial domestic violence acts occurring after the agreement was adopted but before the decree is entered […]

Mother’s Petition for Child Custody Modification Resulted in Award of Sole Legal Decision-Making to Father

Child Custody

Mother filed her petition to modify child custody in Arizona compliant with the state’s law. Father did not file a petition for modification, but motioned for temporary orders requesting he be awarded sole legal custody. The court granted father’s motion for sole legal decision-making. Affirmed on appeal, the mother’s interpretation of Arizona custody modification law […]

Tips for Parenting During the Pandemic

Child Custody

At what stage is your divorce? Whether you’re under temporary custody orders, an informal arrangement, seeking modified custody, or have been co-parenting for years, COVID-19 has probably thrown you for a loop. Have faith, fear not. We know from experience that parents are amazingly resourceful and kids are phenomenally resilient. You can do this. These […]

NEW Arizona COVID-19 Parenting Time Guidelines

Child Custody

The Superior Court in Maricopa County has issued new Family Court Guidelines for Parenting Time of Children During the COVID-19 Pandemic. These new guidelines comply with Governor Ducey’s Executive Order 2020-18 (Stay Home, Stay Healthy, Stay Connected), CDC recommendations, and applicable family law. If you have a parenting plan or parenting time order, then these […]

No Indemnification for Wife Awarded Community Share of Husband’s Military Pension if Retirement Delayed Beyond His Eligibility Date

Military Divorce

In community property division, civilian spouse was awarded 29% of husband’s military pension. Upon eligibility for retirement benefits, divorce decree required husband indemnify wife should he delay retirement to remain active duty. Arizona Supreme Court determined federal law does not entitle non-military spouse to indemnification should the service member choose to retire later than eligible. […]

Joint Legal Decision-Making Co-Exists with One Parent’s Final Say on Child’s Medical Care

Child Custody

Hybrid child custody orders where parents are awarded joint legal decision-making with one parent granted final say in the event they cannot agree after consultation and good faith effort is common practice in Arizona. Awarding final say to one parent does not convert joint authority into sole legal decision-making as to child’s medical, mental health, […]

Registration of Foreign Custody Order Not Required Before Arizona Modification

Child Custody, Child Support

Arizona court had jurisdiction to modify Illinois child custody order on Nebraska father’s petition. Statute governing registration of foreign child support orders does not control registration of foreign child custody orders. With petition to modify out-of-state child support order, Uniform Interstate Family Support Act (UIFSA) requires prior registration. But Uniform Child Custody Jurisdiction and Enforcement […]

Hospital Emergency Hotline for Ex Parte Treatment Orders Over Parents’ Religious Objection

Child Custody

Hospital employees used emergency hotline with Superior Court to obtain medical treatment orders after minor patient and parents refused blood transfusions on religious grounds. With two exceptions, Arizona subject matter jurisdiction attaches upon filed petition or complaint. In this special action, the Court of Appeals held that because Banner hospital failed to initiate legal action […]

Family Court Authority to Modify Orders of Protection in Arizona Divorce and Child Custody

Arizona Divorce, Child Custody, Domestic Violence

Arizona Court of Appeals held the family court has statutory authority to modify an order of protection when terms may conflict with the court’s parenting orders in divorce or child custody proceedings. But only to the degree the family court is satisfied the modified order of protection and party’s request for parenting time will not […]

Dividing Virtual Assets in Divorce

Arizona Divorce, Faqs

In Arizona, marital property is subject to equal division between the spouses in a divorce. The task of determining the nature and character of certain assets as either separate property or community property can sometimes be difficult, particularly when transmutation has occurred. Recently, a unique new form of intangible property has made a quiet entry […]

How To Plan For Your Arizona Divorce

Arizona Divorce

Knowing how to prepare for a divorce can be difficult. Only you can decide for certain whether the marriage is over. But if you believe it is, then start planning for Arizona divorce proceedings. Preparing a plan for your divorce does not make you cold-hearted or vindictive. On the contrary, divorce planning is necessary and […]

Post-Divorce Agreement Cut Spousal Maintenance in Arizona Arrears Enforcement Case

Spousal Maintenance

Superior Court must consider parties’ post-divorce agreement to cut spousal maintenance and husband’s equitable defenses to nonpayment. After terms of agreement were satisfied, the wife petitioned to enforce maintenance awarded in the consent decree, seeking arrearages with interest. Spousal support was made non-modifiable by consent decree. Husband had complied with and relied upon the post-decree […]

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