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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 Arizona 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….
Ushering in the New Year, It’s Arizona Law Group’s January Newsletter
Welcoming the New Year, Arizona Law Group’s January newsletter – our first words for 2017 – has some fun and interesting ideas for loyal readers (and new readers) to mull over. Attorney Scott David Stewart leads off the newsletter with “What’s Your Word?” Scott talks about the value of weaving a single, positive theme…
Holiday Issue! December Arizona Family Law Newsletter
Greetings and happy holidays to all of our loyal readers! Be sure to read the Arizona Law Group’s December family law newsletter. This month’s newsletter covers a lot of territory. Because the holidays often see an uptick in traffic violations, we’ve included a couple articles on the subject of Arizona DUI. Scott Stewart’s lead story…
Arizona Divorce Mediation Process Has Very Broad Privilege
Divorce mediation process privilege is a creature of statute with limited exceptions and no implied waiver of confidential communications in this Arizona case summary. Grubaugh v. Hon. J.T. Blomo, Judge of Superior Court in Maricopa, A. Lawrence, et al. Special Action from Superior Court in Maricopa County The ex-wife in divorce case filed a…
Husband’s Name on Birth Certificate Does Not Bar Father’s Arizona Paternity Suit
Father’s paternity action was not barred and birth certificate is not legal equivalent of voluntary acknowledgment of paternity where child was not born out of wedlock in Arizona case summary. Bill W. Castillo v. Thania N. Lazo Extramarital Affair While Husband Is Overseas While married, the mother had an extramarital affair with the father….
Husband’s Petition to Enforce Property Division in Arizona Divorce Not Time Barred
Former spouse’s petition to enforce the property division in the divorce decree was not time-barred by statute of limitations under ARS § 12-1551 in this Arizona case summary. Lauren M. Jensen v. Peter D.J. Beirne Division of Community Property in Arizona Divorce The court entered the parties’ divorce decree in June 2005. As part…
Sending Child to Out-of-State Boarding School Impacted Mother’s Parenting Time
Father’s desire to send high school age child to out-of-state boarding school would substantially reduce mother’s parenting time per parenting agreement incorporated in their divorce decree, requiring best interest analysis of statutory factors in Arizona case summary. Deborah C. Baker v. Matthew M. Meyer The parties were married in 1995 and had three children…
Modified Child Custody Order Violated Parent’s Due Process Rights
In this child custody case, a modified custody order violated due process by exceeding the scope of hearing on father’s motion to end mother’s supervised parenting time; custody order vacated and matter remanded in Arizona case summary. If you’re experiencing a similar situation, call an experienced due process violation attorney in Arizona. Do you…
Husband Filed Notice of Appeal Before Final Arizona Divorce Decree
Husband’s notice of appeal from divorce decree was premature, filed before the trial court resolved parenting time, legal decision-making, and attorney fee award in Arizona case summary. Kristin Camasura v. Brendan Antonio Camasura In this Arizona divorce action, the wife filed her petition for dissolution of marriage with children in October 2012. The spouses…
Husband’s Gun Collection Divided in Arizona Divorce
Division of gun collection as separate and community property upon divorce affirmed in Arizona case summary. Jacqueline Foster v. Charles Sidney Foster Husband Collected Guns During the Marriage Married in 1957, the spouses raised three children, including a daughter named Missy. Husband was a gun collector who bought and sold guns, and who also…
Disabled Father’s Debt Was Income for Arizona Child Support and Spousal Maintenance Cannot Be Speculative
Unemployed disabled father ordered to pay child support with line of credit affirmed; and speculative spousal maintenance award vacated in Arizona case summary. Antonella Sherman v. Derek S. Sherman The parties were married in 2001 and had three children. The petition for dissolution of marriage was filed in February 2013. In January 2014, the…
Mexico Court Had Child Custody Jurisdiction for Arizona Enforcement
UCCJEA child custody jurisdiction of a foreign court (Mexico) in Arizona case summary. Mauricio Fernandez Margain V. Elsa Lourdes Ruiz-Bours In a Mexico divorce action, the child’s father was awarded definitive legal custody. During proceedings, the mother absconded with the child to Tucson, Arizona. Father petitioned to enforce the foreign court’s order in the…
November Newsletter on a Dark and Stormy Arizona Night
Amazingly, Thanksgiving is just around the corner! We have an informative (and fun) November Arizona Family Law Newsletter for you to kick back with. Take a moment to see what’s inside. Writing Is Easy, Sometimes Scott Stewart starts things off on page one with his reflections on being a writer in It Was a…
No Reversible Error in Arizona Child Support Modification
Arizona child support modification case summary. Ann D. Clark v. Richard A. Clark The father petitioned to modify child support following his employment-motivated relocation to New York. Petition granted. The court decreased his monthly obligation, finding father’s relocation was a substantial and continuing change in circumstances. Regarding income tax, father was permitted to claim…
Termination of parental rights in juvenile court
Speaker 1: This is Arizona Family Talk Radio, a podcast about all things family. With your host, family law attorney, Scott David Stewart. Scott Stewart: Hello everybody, I’m attorney Scott David Stewart. Welcome to Arizona Divorce Talk Radio. Today I have the pleasure of speaking with Arizona attorney, Carrie Cravatta. Carrie, how are you….
October Arizona Family Law Newsletter – Halloween Fun!
Just in time for Halloween, click here to read the Arizona Law Group’s October Family Law Newsletter. Here is some of what you will find inside this month’s pages. One Man’s Family Goes Camping AZ Style Our newsletter starts off with Don’t Lose Sight of the Forest Through the Trees. Scott’s humorous reflections on…
Fraud Upon the AZ Court By Fraudulent Paternity Acknowledgment
Arizona fraudulent paternity acknowledgement case summary. Ernest Alvarado v. Hon. Peter A. Thompson, Nicholas Murrietta, Vanessa Raquel Trujillo, Yvette Alvarado The child’s mother and a man who was not the child’s biological father executed a fraudulent paternity acknowledgment. His intention was to get the child outside Arizona’s legal adoption process. This paternity acknowledgement was…