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Home State Custody Jurisdiction When Child Relocated to Arizona
Modification of other state court’s child custody order for parenting time and legal decision-making was proper where Arizona court first asserted temporary emergency jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). After New York and Florida declined jurisdiction, Arizona asserted home state jurisdiction over a child who resided in Arizona with the…
Equitable Defense of Waiver Allowed Husband Credit for Spousal Maintenance Payments Made Directly to Wife
Trial court properly credited husband with spousal maintenance payments made directly to the wife and not to the Arizona Support Payment Clearinghouse; equitable defense of waiver meant husband’s direct payments were permitted by law after court hearing. Gus Schultz v. Taryn Schultz Trial Court Rejected Wife’s Hyper-Technical Argument for Payment Arrears According to the…
Paternal Grandparents Petition for Visitation Granted Over Divorced Arizona Mother’s Objections
Paternal grandparents’ visitation rights following Arizona divorce involved best interests of two grandchildren and mother’s refusal of access. Having properly accorded special weight to mother’s objection to grandparent visitation, having made findings on best interest of the child factors, the trial court found grandparents rebutted the fit-parent presumption and ordered visitation. Affirmed on appeal….
Why Arizona Marital Presumption of Paternity Law Only Applies to Men
Arizona marital presumption of paternity statute is gender-specific, applies only to men, and cannot be rewritten by the court to apply to women; there is no legal presumption favoring a female spouse who is neither biologically connected nor the adoptive parent in women’s same-sex marriage. Turner v. Hon. R.K. Steiner/Oakley Temporary Child Custody Orders…
Parenting Plan in Child Custody Modification with Addiction Recovery for Mom
Parenting plan agreement with parenting time and legal decision-making terms adopted by court. Mother ordered into addiction recovery in post-decree child custody modification; with discovery sanctions and attorneys fees awarded to Father. Lee Krieger v. Jennifer Duick Modified California Child Custody Orders in Arizona Under the stipulated terms of the parties’ California divorce in…
ASRS Lacked Authority to Limit Former Spouse’s QDRO Preserved Survivor Benefit
Former wife’s rights to survivor benefits of retired former husband were preserved by a valid QDRO and Arizona State Retirement System had no statutory authority to limit her rights as a contingent annuitant. Sharon DiGiacinto v. Arizona State Retirement System Arizona Divorce Decree with Domestic Relations Order The spouses were married in 1983. In…
Combined Child Support Worksheets Inflated Father’s Obligation
In this post-divorce child support modification case involving an unusual parenting arrangement, combining two separate child support worksheets for three children was not contemplated by the Arizona Child Support Guidelines and resulted in an inflated obligation to the Father. Justin T. Mitton and Candice H. Mitton Father Petitioned for Child Support Modification The parents…
Reflections on What Makes a Marriage Work
In our March family law newsletter, we offer some special insight into marriage and what makes the legal team at Stewart Law Group tick. Take a look. In Keeping Our Marriage in Peak Condition, attorney Scott David Stewart talks about celebrating an important benchmark in life – his wedding anniversary. Reflecting on what keeps…
LLC Operating Agreement with Arbitration Was Postnuptial Agreement
In this consolidated divorce action, an LLC operating agreement with an arbitration provision was found to be a postnuptial agreement affecting a spouse’s separate property. The after-marriage property transactions that took place in this case involved a limited liability company, two irrevocable trusts, and one revocable trust. Valer C. Austin v. Josiah T. Austin…
Mother’s Moving Away Did Not Invoke Arizona Relocation Law
Father’s objection to mother’s relocation was rejected because her first move from Phoenix to Payson, Arizona, was court-approved and her current move from Payson to Lakeside, Arizona, was less than 100 miles. Father failed to prove material change in circumstances affected the children’s welfare sufficiently to warrant modified parenting time or legal decision-making authority….