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Phoenix Divorce Law Blog

Circumstances when one can modify child custody orders in Arizona

When parents in Arizona get divorced, they will have to reach an agreement regarding the needs of their children and the rights of each parent post-divorce. A child custody order determines whether one parent or both parents will be making the decisions regarding the child's upbringing. The orders will also determine the primary residence of the child and when each parent will have parenting time with the child.

These orders remain in effect until the child is emancipated, which generally occurs around the time that the child is 18 years old. As any parent knows, children and their needs change dramatically from the time that they are young to when they turn 18. Also, circumstances can change for the parents during this timeframe as well.

Using QDROs to divide retirement accounts in a divorce

There is a multitude of reasons for couples in Arizona to file for divorce each year. However, the reason for the divorce does not matter when the couple begins separating their lives. The separation process is often just as unique as the marriage. The unique circumstances of the marriage will determine what issues will be dealt with during the divorce and how they will be handled when the divorcing spouses reach an agreement.

If the couple has minor children, they will have to deal with child custody, visitation and child support. Alimony or spousal maintenance will be an issue in some divorces if a spouse requests this form of financial assistance post-divorce. However, every divorcing couple will have to deal with property division to some extent.

What creates a presumption of paternity in Arizona?

It is important for fathers in Arizona to have good relationships with their child. In the past the mother's relationship was often times seen as more important, but the importance of the father's relationship is being recognized more and more. However, sometimes when the child is born, the biological father of the child is not immediately clear. It is easy to know who the mother is, but simply seeing a baby does not always identify the father.

In order to determine who the biological father is, paternity must be established. Sometimes that requires a paternity test, but there are many other situations where there is a presumed father prior to any testing.

David Hasselhoff files documents with court to stop alimony

There are many people in Arizona who know David Hasselhoff from his time acting in shows such as Knight Rider and Baywatch. According to reports, David Hasselhoff is contemplating retiring from acting as he is getting a little older now. However, he also is currently ordered to pay his ex-wife $21,000 a month in alimony.

Hasselhoff has now reportedly petitioned the court to modify his current order to eliminate his alimony obligation. Besides the fact that he wants to retire, he also claims his ex-wife has made no efforts to become self-sustaining since their divorce in 2006.

Attributing income to an unemployed parent for child support

The ability to earn money is an absolute essential for life for anyone in Arizona. After all everyone needs to buy food, clothing and shelter. However, while everyone in Arizona needs a source of money, the amount each person earns can vary dramatically. Some work more hours than others and some earn a higher hourly wage or salary as well. Others rely on other sources of money, such as government programs, in order to survive.

Many people in Arizona are also parents and are required to financially provide for their child. If the child's parents are divorced or are no longer together in a relationship, this is generally accomplished through child support orders. The amount of the child support is determined by the child support guidelines. The main factor that the guidelines use is the amount of income each parent earns.

Mediation may help parents address child custody matters

When parents in Arizona live together, deciding how they will divide their parental responsibilities every day may be simple. However, when parents divorce, deciding how their parental responsibilities will be split can be difficult. Despite the difficulties, parents still need to make these decisions, and they are generally done through a child custody proceeding.

The courts in general feel that it is better for the parents to make the custody decisions themselves as opposed to leaving it to a judge. Therefore, in some child custody matters, the court will order the parents to attend mediation. This is a process in which the parents come together with a mediator and discuss how they will parent their child in the future. It also will help parents discuss a parenting time schedule, which dictates when each parent will have the child.

What do forensic accountants do in a divorce?

Divorces in Arizona can be very complicated. What causes the complications varies from divorce to divorce though. For example, in a high asset divorce, often times it is the financial aspects that cause the complications. One major part of any divorce is the asset division, and not only do these couples have a large number of assets, but simply valuing all these assets can be difficult.

In order to value all the assets, various professionals may be utilized. One professional is a forensic accountant. A forensic accountant can help first identify all the assets of the divorce, help classify each asset as marital or non-marital and value each asset. The forensic accountant can then organize all that information in a balance sheet to assist in the property division process.

When alimony may automatically terminate

Each family handles their finances in different ways, especially if they have children. Whether each parent has to work or one parent will work, and the other will stay at home to take care of the family, is a decision for the family. Ultimately the parents need to provide food and shelter for their children, but how they do that depends on decisions made between the parents. When a couple divorces, they still need to figure out how they will provide for the needs of the family.

New efforts to get people to pay child support may be working

Raising children in Arizona can be expensive. Simply meeting their basic needs of food, clothing and shelter is not always easy. Parents have to provide for their child though. This is true even when parents are separated or divorced. Therefore, child support can be extremely important for a child. However, despite the importance, some people do not follow the court orders and do not pay their child support.

The governor in Arizona was apparently fed up with fathers who did not pay child support and started a public awareness campaign. The governor's office started posting the photos of fathers who did not pay child support on social media platforms. By putting their names in the public, the thought was that the fathers may want avoid being known as "deadbeat dads."

Helping parents maintain relationships with a child after divorce

Divorce is not an easy time for many couples in Arizona. Splitting one life into two is not an easy task. It can be even more difficult when the couple does not get along. People are often emotional and many of their decisions are made with less reason than decisions of this magnitude are normally made. One of the tougher decisions, due to the emotional factors, is custody decisions regarding the couple's children.

Generally, both parents love their children dearly and want is best for them. They also want to see them as much as possible. When both parents want to see the children as much as possible, but disagree on what is best for them, disputes are bound to arise.

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