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Phoenix Divorce Law Blog

Actor Jay Mohr files for divorce from actress Nikki Cox

Arizona fans of actor and comedian Jay Mohr may be surprised to learn that reports state that he filed for divorce from his wife of nine years, actress Nikki Cox. The couple met when the two were working on the same show. The couple has one child, who is now 5-years-old. Mohr is apparently seeking sole physical custody of their child. Apparently Cox has a drug issue and, according to Mohr, she cannot properly care for the child until she seeks help for her drug issues.

Many fathers in Arizona find themselves going through divorce as well. This can be a very difficult time for them as they face the fact that their marriage broke down and that they will have to separate their lives from their spouse. This may include spending much less time with their children. Many fathers have very good relationships with their children, but oftentimes they may feel that they fight an uphill battle in order to see them during a divorce.

How to determine gross income for child support

There are many costs associated with raising a child in Arizona. Parents have to put a roof over their heads, make sure they have food to eat, give them clothes to wear and many other costs. When the parents are together in a relationship they work together to ensure these costs are paid. It could mean that one parent works and the other stays at home with the children, or it could mean that both parents work in either a full or part-time basis.

However, not all parents are still together. But, the child will still have these needs. Therefore, parents are usually bound by a child support order to ensure that these financial needs are met by both parents.

A parent's substance use may have an effect on child custody

There are many ways that people in Arizona cope with different problems or situations going on in their lives. One way that people do this is through various chemical substances, such as alcohol or various drugs. Some of these chemical substances are also very addictive and can be abused by people. When a person abuses chemical substances, it can have many detrimental effects on their life, including whether they can have custody of their children.

Child custody determinations are made based on what is in the best interests of the child. Arizona statutes state that there is a rebuttable presumption that a parent who abuses substances should not have sole custody of their children. The court determines this based on whether the parent has any drug-related convictions and other evidence that the parent abuses substances.

Using prenuptial agreements to protect property in divorce

Divorces are oftentimes the opposite of weddings. There is no celebration and the happiness is gone. Divorces can be very bitter and combative as well. Also, almost everything that is earned or acquired by the couple during the marriage is considered community property and the couple will need to split up the property during the divorce. This can be a very long and complicated process, especially in a high-asset divorce.

However, as a way to potentially cut down of on the length and complication of dividing property, couples in Phoenix can enter into prenuptial agreements prior to the marriage. This can be particularly important when a person has many assets heading into the marriage.

Collecting spousal maintenance arrears in Arizona

When people in Arizona marry, they unite their lives and begin a life together. This means more than just living in the same house or having a joint bank account. Everything the couple earns during the marriage is oftentimes shared equally regardless of who actually earns the money. When a couple has young children, sometimes one parent will work and the other will stay home with the children. The couple simply relies on that one income since they share everything.

When people divorce, they need to split everything equally just as they shared everything during the marriage. However, if one spouse did not work and the other did, it can put the non-working spouse in a difficult position as they try to earn an income after the divorce. That is why some spouses will receive spousal maintenance or alimony, as it is commonly called. This is a payment generally from the higher earning spouse to the lower earning spouse to ensure that they will have sufficient resources after the divorce.

Navigating child support matters in Arizona

It is now much more common in Arizona for children to have parents who are no longer together. This could because the parents divorced or were never married in the first place. However, one thing that has always been true is that there are many expenses that parents must pay to support their children. This is true whether the parents are together or not. The difference is that when the parents are separated, there is generally a child support order to govern how the parents split the children's costs.

These orders are based on the child support guidelines in Arizona. These may seem like fairly rigid rules at first glance, but they can be very complicated matters. Determining a person's income is not always straightforward. Also, certain portions of a person's income may be excluded, pursuant to the guidelines, and disputes over a person's true income can arise.

Presumption against child custody after domestic abuse occurs

Throughout any marriage in Arizona couples will have fights and disagreements over things. It is an inevitable part of relationships. Those arguments are handled in different ways depending on the relationship. Most of the time the arguments are verbal, but sometimes the arguments turn physical and domestic violence occurs. This violence also sometimes involves the children as well.

Domestic violence oftentimes leads to the end of relationships. As the relationship ends, the parties will have to deal with many of the same issues as any other relationship. One of those issues is child custody.

Amber Heard files for divorce from Johnny Depp

Many Arizona fans of the actor Johnny Depp may have heard the news that his wife, Amber Heard, filed for divorce. Apparently the couple did not have a prenuptial agreement and it is unclear what will happen with Depp's massive fortune. He has been in many very successful movies in his career and received a large amount of money for those movies. However, it is unknown what he earned while the couple was married, but Heard is seeking spousal maintenance as part of the divorce as well.

This divorce will most likely be very costly as Heard is entitled to half of what Depp earned during the marriage because California, like Arizona, is a community property state. She also could have enjoyed a very lavish lifestyle given Depp's mass fortune. It is also possible that the couple purchased a number of assets during the marriage as well.

Fathers with more parenting time reduce child support

There are many fathers in Arizona who have children but are no longer with the mother of the children. In these situations, the father may have felt like they were fighting an uphill battle during the custody and child support determinations. This is because there is sometimes an assumption that the mother should have more parenting time and should receive child support from the father of the child.

However, there is no rule stating that, and the father has the same rights as the mother to care for the children. These are fact specific cases and there is no presumption one way or the other. Custody determinations are made after analyzing a number of factors to determine what is in the best interests of the children.

Can one modify an alimony order in Arizona?

Throughout one's life in Arizona circumstances can change dramatically. One may go through stretches when they are earning a significant amount of money and are in good health. However, if the company hits hard times or decides to make changes one may lose their job. Also, people may end up getting injured and not be able to work again. These types of changes can happen to anyone.

The change of circumstances can also occur at any time. This can cause some significant problems for the person especially if they are divorced and have alimony obligations pursuant to a divorce decree. If the person divorced at a time when things were going well, they may have significant alimony payments they must make to their former spouse. This can become very difficult if they are no longer making the same amount of money.

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