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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 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…