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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, […]

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 […]

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 […]

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 […]

Parent Violated Arizona Order of Protection with Domestic Violence By Video Chat

Domestic Violence

In 2015, the Arizona court entered an order of protection preventing contact and threats or acts of domestic violence by defendant-parent against the custodial parent. Before that order expired, the victim petitioned for a 2016 ex parte order of protection. Upon hearing the petition, defendant was found to have violated the 2015 order by act […]

Grandparents Get Emergency Temporary Sole Legal Decision-Making and Parenting Time of Arizona Widow’s Five Children

Child Custody

In this special action, the trial court entered temporary child custody orders granting grandparents sole legal decision-making and parenting time of the mother’s five minor children following ex-parte petition and hearing. Mother’s fitness as a parent was challenged and the trial court did not err in granting temporary third-party custody to the grandparents. Gia Chapman […]

Arizona Family Law Legislation Update

Child Support, Spousal Maintenance, Statutes

We have three changes in Arizona family law to report. Two bills were recently signed into law and the Arizona Child Support Guidelines have been revised. Take a look at what’s new half-way into 2018. New Spousal Maintenance Eligibility Threshold Arizona’s spousal maintenance factors are set forth in ARS § 25-319. For about two decades, […]