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Phoenix Divorce Law Blog

Challenging a paternity test in Arizona

Many children in Arizona are born to parents who are not married. Despite this, many times the father is present and known to both the mother and child. However, this by itself does not establish paternity. There are a few legal steps that must occur before the establishment of paternity. Many times these steps are done voluntarily and there is not a dispute, but this is not always the case.

Even if the parties are ordered to obtain a paternity test, which concludes that the man is presumed to be the father, either parent can still challenge the finding. The party opposing the results must submit a written challenge to the genetic test results within 20 days of the results being submitted to the court. If a written challenge is not submitted, then the test results automatically become evidence in the case.

How are retirement accounts divided in an Arizona divorce?

People in Arizona have different economic situations. Some have little property or discretionary income while others have significant assets and extra income. For people in the latter category, these assets can be in the form of real property, stocks, investments, retirement accounts and many other types of assets. However, when people with many assets divorce, these assets must be divided just like in every other divorce.

This can be a complicated matter. Assets in these situations can be difficult just to value. Property appraisals may be needed as well as business appraisals if one or both spouses own a business. The couple may also need a forensic accountant to analyze the various accounts they own to determine their value as well as the marital portion of those accounts.

Ex-Husband of Walmart heiress seeks $400,000 a month in alimony

There are many divorces in Arizona each year. Each one is unique given that the circumstances of each marriage are unique. Some divorces involve minor children and child custody and child support will need to be dealt with and others do not. Sometimes the couple may own real property and others will not; there are countless reasons why each Arizona divorce merits individualized attention.

Also, the financial circumstances of each marriage are different. Sometimes both spouses work and sometimes just one spouse works. In divorces when only one spouse works or one spouse makes significantly more than the other, alimony may be an issue.

Temporary child custody orders in Arizona

Many people in Arizona have gone through a divorce with children, or a custody proceeding. As these people know, the whole process, from start to finish, can take a long time to complete. While the parents are going through the process, they generally are living in separate residences. This means that the children will be residing with only one parent at a time. Many times the parents cannot come to an agreement on a parenting schedule or who will be making the decisions.

In these situations, one of the parents can seek a temporary order for child custody and parenting time. These orders will be in place while the divorce or custody proceeding remains open. Once the case is closed, the temporary orders cease.

Modifying a child support order in Arizona

Many people in Arizona have children with a person to whom they are no longer married or to whom they were never married in the first place. People in this position may be either receiving or paying child support for their children. Child support is ordered to ensure the financial needs of the children are being met by both parents when the child is residing with only one of the parents.

We have previously discussed the child support guidelines in Arizona and how child support is calculated. The amount ordered remains in effect until the child is emancipated. However, especially if child support is ordered when a child is young, the financial circumstances of the parents may change prior to the child's emancipation.

How does parenting time effect child support payments?

There are many fathers in Arizona who have children and are not currently married or are no longer in a relationship with the mother. In many of these situations, the father has a custody order and a child support payment each month. In addition to the custody situation, the father may have parenting time with the child. This is the amount of time the child is with the father.

Fathers' rights can sometimes be a touchy issue. However, it is important to understand that parenting time is crucial for both the children and the father. This is the time that the father and the children are able to build their relationship. The parenting time can also have an effect on how much child support the father will pay each month.

Asset division during high net worth divorce in Arizona

Any divorce in Arizona can be complicated. There are many issues that need to be figured out. These include child custody, child support, spousal maintenance and asset division. Child custody can be complicated for anyone, no matter how much money they have, as custody deals with who will make the decisions regarding the children and how much time each parent will have the children.

However, the financial aspects of the divorce for couples with a high net worth can be much more complicated than most. The issues of the divorce that deal with the finances of the couple are child support, spousal maintenance and asset division.

Clint Eastwood's divorce is now official

Many fans in Arizona of the actor/director Clint Eastwood know that he and his wife Dina have been going through a divorce since 2013. Well the divorce has been finalized as the parties came to an agreement and filed it with the court. The couple has a teenage daughter and apparently the custody of her and alimony were two of the issues that caused the divorce to take as long as it did to finalize. Eastwood also is a very wealthy man and asset division may have also taken some time.

There are many issues that must be resolved in any divorce in Arizona. Just like Eastwood's divorce, couples will have to make decisions regarding custody of the children, child support, asset division and alimony, or spousal support as it is commonly called. Every divorce is different though and each of those issues are handled differently depending on circumstances of the particular marriage.

How does one modify a child custody order?

As children in Arizona grow up, many circumstances can change in their life as well as the lives of their parents. If the parents are together, these changes are generally dealt with by the parents together. However, there are many parents who are no longer together and have custody orders regarding legal-decision making and parenting time. When the changes occur in these types of situations, it can be a little more difficult to deal with depending on what the order states and the parent's relationship with one another.

To address the changes one of the parents may feel that the order should be modified to reflect the new circumstances. In order to do this, the parent seeking a modification must file a petition and affidavit with the court stating the reasons why they feel the current order should be modified. The petition and affidavit must be served on the other party as well.

Enforcing a child support order from another state in Arizona

Society in general has become much more mobile and as a result, more and more people move to different states to live. Many people living in Arizona were not born here and moved here for one reason or another. This could be because of a job, to be closer to loved ones or a number of different reasons. Whatever the reason for moving, previous obligations may follow people to new states.

One of these obligations is child support. If a person is ordered to pay child support, that obligation does not cease just because they moved out of state. However, enforcing the child support order may be a little more difficult. Many times the state where child support is ordered collects the child support. Once the person no longer lives in the state, though, that state's jurisdiction does not allow them to collect automatically from another state.

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