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Phoenix Divorce Law Blog

What are the requirements for seeking alimony in a divorce?

There are many divorces in Arizona each year and each divorce is unique. There are certain issues common in many divorces such as property division, child support, child custody, and alimony or spousal maintenance as it is commonly called. However, how each of these issues are dealt with depends on the unique circumstances of each marriage.

Also, not all of these issues will be present in each divorce. If there are no minor children, then the couple will not have to deal with child custody and child support. Alimony also does not play a part in every divorce.

Halle Berry and her husband seek joint custody in divorce

Arizona fans of Halle Berry probably of her history of divorce, as she has had had two previous divorces. She is now beginning her third divorce after two years of marriage to Oliver Martinez. The relationship, according to sources, had not been going well for some time. The two are apparently very competitive and even tried to file divorce against each other.

The couple has a two-year-old child together. Despite the competitive nature of the couple, the two are both seeking joint custody of their child. Also, the couple stated that they both want to focus on what is best for their child.

Third party child custody rights in Arizona

There are many family dynamics in Arizona. Some have single family homes or have remarried and blended two families together. Other children are raised by someone other than the natural parents. This could be temporary or permanent. However, just because someone else is raising a child, it does not mean that they have child custody rights.

Third parties may be able to obtain custody of the children in their care if certain conditions are met. The party must have assumed the parental responsibilities of the child. Also, no custody decisions have been made for at least one year before the current petition unless the child's current living situation would seriously endanger the child. And finally, the parents must be deceased, never married or currently going through a divorce.

Adjusting a child support obligation to include child care costs

In many families in Arizona, both parents work in order to support the family. When there are young children, parents might need to have child care for the children. This usually costs money. If the parents divorce, it does not alleviate the need for child care. However, the basic child support obligation does not include money for child care costs.

Child care costs can be added to the basic child support obligation. However, the custodial parent is entitled to a tax credit for childcare expenses and that credit is taken into account when setting the obligation for child care. There are a couple of exceptions to this rule. Lower income families who would not be eligible for the credit and families with split custody may not need to adjust the child care costs for the tax credit.

Valuing a business for division in a divorce

People in Arizona have a variety of different jobs. The type of work and pay vary greatly. However, not everyone works for someone else. Many people own their own businesses and work for themselves. While this is generally the person's source of income, it is also an asset that the person can buy or sell. If the business owner ends up getting a divorce, the business must be divided like any other asset.

In high-asset divorces this can be a very valuable asset for the couple. However prior to being able to divide it, the value of the asset must be determined. This is done by completing a business appraisal. There are a number of different methods to determine a business' value.

Actor Brian Austin Green seeking alimony from Megan Fox

As many people in Arizona are aware, there have been a number of celebrity divorces recently. Actors Brian Austin Green and Megan Fox were recently added to that list. A few weeks ago Green filed his response to the divorce filed by Fox. In the response, he requests joint custody of their children as well as alimony. Sources say that Green continues to be affected by vertigo stemming from a car accident that the two were involved in. The vertigo has made it difficult for him to work while Fox has continued to work on various acting projects.

Child custody for surrogate parents in Arizona

Family dynamics are changing in Arizona. The traditional family is not the only type of family anymore. Some families are blended when two divorced spouses marry, sometimes parents adopt their children, some families are same sex families, others will decide to use surrogates in order to have children and there are other types of family makeups as well. Each type of family dynamic creates a family, but each has its own legal implications associated with it though.

If the parents are married, then the father is presumed to be the father and the parents share custody. Surrogacy is a little different though since someone else is actually giving birth to the child. The parties involved must first sign a surrogate parentage contract. This contract states that a woman is agreeing to implant an embryo that is not hers or agrees to conceive a child through artificial or natural insemination and relinquish the rights to the child upon birth.

Self-support reserve test and child support in Arizona

As parents in Arizona know, raising children can be very expensive. However, paying those expenses are vital for the child and extremely important. That is why courts order child support to be paid when parents split up or were never together. They want to ensure that the child's basic financial needs are being met by both parents, not just the custodial parent.

Child support is determined by the child support guidelines in Arizona. The guidelines use a formula to determine how much a child needs each month. Then the guidelines look at each parent's adjusted gross income to determine how much of that financial obligation each parent has to pay. There may also be an adjustment for the amount of parenting time that the non-custodial parent has with the child. Again the adjustment is based on a formula taking into account how many days the parent has with the child each year.

Establishing paternity for child support and custody

Many fathers in Arizona have children and are not married to the children's mother. While the father may be the biological father, that does not automatically make him the legal father of the child. It is obviously very easy to establish who the mother since they have the child, but paternity is not easy to determine simply by looking at the child.

One of the easiest ways for the father to establish paternity is to sign an acknowledgement of paternity form naming the father of the child. However, if this important step is not taken then the father must go through paternity testing to establish himself as the father.

Can an inheritance become marital property during a marriage?

There are many couples in Arizona who tie the knot each year. When couples decide to do this, they begin to share everything in their lives. If one spouse earns money, both spouses typically benefit from that income. When the couple buys something during the marriage, for the most part, that property becomes joint property regardless of which spouse purchases the property.

So, when married couples decide to divorce, they must split the marital property in accordance with Arizona asset division standards. Each spouse is entitled to a portion of the marital property even if only one spouse earns all the money. However, any property that was owned by a spouse prior to the marriage remains that spouse's property. This includes any individual gifts or inheritance a spouse received during the marriage as well.

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