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Phoenix Divorce Law Blog

Stars of the show "Flip or Flop" on HGTV file for divorce

Many fans of the TV show "Flip or Flop" may have learned that the couple separated a few months ago, shocking many who watched the couple work together on the show. Tarek El Moussa has now filed for divorce, and it appears any efforts to reconcile the marriage did not work. However, the two will still be filming episodes of their show together for the next seven months. Tarek is also seeking spousal maintenance, which is just one of a long list of divorce legal issues that may arise in this case.

Any divorce can be complicated, but divorces like the El Moussa's may be more challenging than most. The couple has two children, so they will need to make determinations about child custody and parenting time. They will also have to determine child support. It appears their divorce may also involve alimony, also referred to as spousal maintenance.

Registering an alimony order from another state in Arizona

There are a number of issues that must be addressed when a couple separates their life via divorce. They need to divide assets, determine which parent will have custody, figure out parenting time for each parent, have child support addressed, and, in some instances, settle the matter of alimony. However, as lives change after a divorce, people may end up moving to another state for one reason or another, which may complicate matters.

Does a father have a right to information about his child?

There are many fathers in Arizona. Each one of these fathers has a unique relationship with their children. Fathers also have different legal relationships with their children. If a father is married when they have a child, then they have legal custodial rights even though there is not a court order saying so. If a father is divorced or was never married to the mother of the child when a child is born, then they must have a court order granting them custodial rights in order to have them.

If the father divorces when he has a child, then the custody order must likely was incorporated into the divorce. If the father was never married, then they first must establish paternity and then petition the court for custody rights. Until this occurs, a father would not have any custody rights, which includes their right to see their child.

Sherri Shepherd may need to pay additional child support

People in Arizona who watch the television show "The View" may be aware that Sherri Shepherd recently went through a divorce and legal battle regarding her child. Shephard was eventually ordered to pay child support to her ex-husband. Her ex-husband is now requesting that the court increase the monthly child support obligation based on a belief that Shephard now makes approximately $1.8 million more per year than she did when the original child support order was issued. He is also asking that Shephard be ordered to pay his attorneys' fees and costs.

Generally, when a couple divorces and they have children, the noncustodial parent is ordered to pay child support to the custodial parent. This is to ensure that each parent is contributing to the financial costs of raising a child. As parents know, it can cost a significant amount of money to raise children. They must pay for not only the basic needs, such as food, clothing and shelter, but also additional costs for toys, entertainment, health care and extracurricular activities. After parents divorce, the law wants to make sure that these costs do not fall on one parent.

Consequences for violating a parenting time plan in Arizona

Children have different relationships with each of their parents. However, this does not necessarily mean that one parent's relationship with the child is more important than the other. When the parents are together, it can be much easier to facilitate and nurture each relationship. However, if parents divorce, it can be much more difficult for their children to maintain relationships with both parents.

That is why during a divorce there must be an order pertaining to child custody and parenting time. These orders state which parent will have legal and physical custody or whether custody will be jointly held. These arrangements are generally accompanied by a parenting time plan or visitation schedule stating when the children will be with each parent. Whether each parent agrees with the order or not, it is still a court order that must be followed.

What is considered separate property in a high-asset divorce?

When people get married in Arizona, two lives become one. Couples begin living a common life and share everything. This is true whether they think they are sharing everything or not. Arizona is known as a community property state, which means that almost anything earned or acquired by one spouse is the equal property of both spouses. So, if the couple divorces they must equitably split the community property since they both have equal interest in it.

This can be a complicated process, especially in high-asset divorces. The more a couple owns, the more they will need to divide. Also, in high-asset divorces, the assets can be much more complicated than simply splitting a savings account. They may have multiple properties, own a business, possess stock options, and own retirement and investment accounts, as well as other various assets.

Determining whether alimony is at issue in a divorce

While there are similarities between different marriages in Arizona, each marriage is unique. How much money each spouse earns varies, how many children a couple has varies, how many assets and debts they have vary. Just as each marriage differs, each divorce differs as well based on the circumstances of the marriage. In most divorces with children, the couple will have to determine child custody and child support and pretty much every divorce will have to deal with asset division. However, one issue that is not always an issue in a divorce is alimony or spousal maintenance as it is commonly called.

How paternity affects Arizona parents

There are many parents in Arizona. Many of these parents had their children with their spouse, while many others had children with people to whom they are not married. If a man is not married to the mother of his child, the law does not immediately recognize him as the father. In order to be legally recognized, paternity must be established.

There are a couple of ways to do this, and it is important to establish paternity because fathers' rights, including the right to receive child support or obtain visitation and custody, do not exist until paternity is established. One way to establish paternity is by having both parents sign an acknowledgement of parentage naming the man as the father. However, if this is not done, the parents must undergo genetic testing. The man will be the presumed father if the results of the genetic test indicate there is at least a 95% chance that he is the father.

Underemployment and unemployment with regard to child support

Parents in Arizona have all types of jobs. Some work in finance, business, construction, healthcare, hospitality, and many other types of jobs. Generally speaking, an individual's profession dictates what he or she can afford. This includes what they are able to provide for their children. However, regardless of how much or little they are able to provide, parents have an obligation to provide the essentials for their children.

Parents must continue to provide for their children's needs even if they end up divorcing from each other. If a couple divorces, then a noncustodial parent will typically have to pay a sum of money to the custodial parent pursuant to a child support order. The amount to be paid depends on a number of factors found in the child support guidelines.

Temporary child custody orders during a divorce in Arizona

Raising children in Arizona can be very difficult. While a couple is married, they generally can share in the responsibilities, and the children often have the ability to build relationships with both parents. If the couple splits or is divorced, and the children have a good relationship with both, ensuring that both parents have the opportunity to continue the relationship is important. On the other hand, if one parent endangers the children, it is important that he or she have only limited contact with them.

A divorce can be a relatively long process, and oftentimes the couple separates during the proceedings. Sometimes the parents can figure out a temporary solution on their own, but this is not always the case. Therefore, while the divorce is pending, either parent can petition the court for a temporary child custody order and parenting time schedule.

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