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Phoenix Divorce Law Blog

Madonna in a child custody battle with her ex-husband

There many parents who are divorced in Arizona. For the most part when the parties split they will have a child custody arrangement. The child custody arrangement will determine who will make the decisions regarding the child's upbringing as well as when each parent will have the child in their care. However, children change as the get older, and the custody arrangement made when they are young may no longer be viable as they grow.

The pop star Madonna is currently going through a custody dispute with her ex-husband Guy Richie over their 15-year-old son. The couple divorced in 2008, and according to the custody arrangement, the child was supposed to be with Madonna while she was touring. However, the child left her and went to his father in the United Kingdom. A court ordered that he return to Madonna in New York, but the child refused to come back. The couple is now scheduled to be in court over the dispute in March.

Dividing property in an Arizona divorce

Divorces in Arizona can be very complicated. People have to separate their lives during a very emotional period of time, which is not easy. If the couple has minor children, decisions will need to be made regarding child custody and when each parent will see the children. There are also financial decisions that must be made about child support, alimony and property division.

Property division can vary in its complexity. In divorces with fewer assets, there is not as much to divide and therefore, that process sometimes does not last very long. However, in a high asset divorce the property division can be very complicated.

How is Arizona alimony determined?

Each divorce in Arizona is unique. Everyone's situation is different, and therefore, how the divorce is handled and the end results will be different. However, there is one aspect that is common. The family will need to figure out how they will go from having one home and life to having two separate lives and homes. This can present economic difficulties as they try to figure out how to pay for two separate homes.

This is especially true in situations where one spouse earns the majority of the income. The other spouse may have stayed at home with the children or for another reason. Whatever the reason, that spouse may have a difficult time being able to afford a home and maintain their current standard of living. In situations like this, the spouse who earned the majority of the income may be ordered to pay alimony to help with the costs.

Presumption that Arizona children need their fathers

Many fathers in Arizona are no longer in a relationship with the mothers of their children. In general, fathers may feel like they fight an uphill battle to see their children. Many times, the mother ends up with more parenting time because the father feels compelled to compromise as he may not feel like he would lose the fight. Despite this, many fathers are very good parents and want to see their children on a regular basis.

In Arizona, there are parenting time guidelines to help parents who are in the process of determining parenting time with their children. There are a number of presumptions that the guidelines are based on, which actually encourage fathers' rights to see their children.

What happens when one does not pay child support?

Raising children in Arizona can cost a large sum of money. They have many basic needs like food, clothing and shelter as well as medical costs, extracurricular activities, recreation and entertainment needs and others. Parents are required to pay these costs whether they are together or not. Whether the parents are divorced or were never married, the law requires that the both parents contribute to the financial needs of the children which is why courts order parents to pay child support.

Factors used to determine the best interests of a child

Many parents in Arizona are no longer together. This could be because the couple divorced or because they were never married in the first place. No matter what the circumstances are, parents who are separated need to figure out how to co-parent their children. In many circumstances this is difficult because the parents do not get along anymore and making decisions can be difficult.

If the parents cannot agree on how to raise the children, then they may end up in a battle regarding child custody. In these battles, ultimately the court will have to decide which parent will have custody or if the parents will have joint custody. The court will also have to decide when the child will be with each parent, but that is a separate decision from the custody determination.

Popular video game creator prepares for high asset divorce

Many people in Arizona have played the video game Call of Duty or at least have friends or children who may have played the game. The creator of the game who has made a fortune from it is now getting divorced. The couple did not have a prenuptial agreement, so the couple will have to split all the money made from the game. This could be very costly as the net worth of the couple is very high and the wealth may be in many different locations. One source indicates that he recently purchased a $1.7 million home.

Any divorce in Arizona can be complicated for various reasons. Sometimes it is because the couple cannot agree to custody and parenting time and other times it is over financial aspects. High asset divorces create a unique form of complications though. All money earned and assets obtained during the marriage is considered marital property and must be split between the spouses.

Receiving Arizona alimony through income withholding orders

Many people get divorced in Arizona each year. There are many complications that come with trying to covert a shared life into two separate lives. Each spouse is now going to have to have their own place to live, which means that housing costs could double from what they were during the marriage. Each spouse also has to figure out how they will pay for health insurance and other costs that were previously shared.

This can be particularly difficult, if one spouse earned most of the income. Depending on the circumstances, it may be difficult for the other spouse to go out and get a job that can pay for all the new bills. In situations like this, the spouse who earns most of the income may have to pay alimony or spousal maintenance, as it is commonly called, to the other spouse.

The importance of establishing paternity in Arizona

Every child in Arizona has a biological father and mother. However, that does not mean that every child has a legal father and mother. Family dynamics change and children are not always born to a father and mother who are married and living together. It is common to have parents who were never married or were not married at the time when the child was born.

In these situations, sometimes the parents may need paternity testing. However, regardless of whether there is a dispute or not, the father does not have any legal rights to the child until paternity has been established. In order to do this, the father must start a paternity action and a custody action to gain custody and parenting time.

Determining a basic child support obligation using the guidelines

Parents have a duty to provide for their minor children. This does not necessarily mean they need to get them everything they want or even luxuries, but they do need to provide shelter, food and clothing at a minimum. Sometimes, if the couple is divorced, ensuring that the child's financial needs are met by both parents can become a little more difficult.

When there is a divorce or if the parents were never married to begin with, one parent will generally pay child support to the other parent. Most of the time the non-custodial parent will pay the custodial parent to ensure the custodial parent does not have the entire financial burden.

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