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Phoenix Divorce Law Blog

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.

Navigating alimony in an Arizona divorce

There are many people who get divorced each year in Arizona. The issues they must confront typically include asset and debt division, child support, child custody and alimony or spousal maintenance as it is commonly called. Each of these can be complicated, but the law on some is more straightforward than others. For instance, there are guidelines to help determine the amount of child support, but for alimony there is a set of factors for a judge to consider.

Two big decisions must be made when determining alimony in an Arizona divorce. The first how much support will be paid each month and the other is how long it will be paid. As mentioned above, this is based on a number of factors which are found in Arizona statutes.

The role of parenting plans in Arizona child custody cases

Parenting a child in Arizona can be very difficult. It can be even more difficult if the parents are no longer together and do not always agree as to what is best for the child. That is partly why there are child custody orders when parents are no longer together. Child custody orders determine whether one parent or both parents should be making the decisions regarding the child. Child custody cases also make determinations as to when each parent will have parenting time with the child, which includes schedules for holidays and school vacations.

After the determinations are made, the parents must follow through with the order. There are a number of logistical aspects that must be worked out for this to happen. That is why the parents must either agree to a parenting plan or have the court make a decision for them in the best interests of the child.

Travel expenses related to parenting time in Arizona

Many parents in Arizona have parenting time orders they must follow. These orders state when each parent has the children and when they must exchange the children with the other parent. Generally, if there is a parenting time order, there is also a child support order as well. The child support order states that the non-custodial parent must pay the custodial parent a certain amount of money each month for the expenses of raising a child.

The child support order covers the children's basic needs such as food, clothing and shelter, but there are usually many more costs associated with raising the child than just the basics. One of these expenses is the travel expenses associated with exchanging the children. If the parents live close to each other, the expenses are typically not too expensive and each parent will pay for their own expenses, but this is not always the case.

Fathers' rights to consent to adoptions in Arizona

There are many fathers in Arizona who are no longer with the mother of the child. In these situations, the father does not automatically have custody rights to the child or rights to visitation. This puts the father at the mercy of the mother in order to see their child or establish a relationship with them. However, the fact that a father doesn't have custody rights doesn't mean that he is not the father of the child.

There are still some fathers' rights in regards to the child. One of these rights is consenting to an adoption. Prior to certain adoptions, the mother of the child must provide the court with a list of all potential fathers. To ensure notification of any potential adoptions, a father can also be placed on a putative father registry with the department of health services. An Arizona fathers' rights attorney can help a putative father with this process.

Gwen Stefani battles over fortune in high asset divorce

Arizona fans of the musicians Gwen Stefani and Gavin Rossdale have probably learned that the couple is getting a divorce. Stefani filed for divorce, citing irreconcilable differences. However, there are reports already that Stefani is not happy about potentially having to split her $120 million fortune with Rossdale.

Stefani believes that she should be able to keep what she has earned during the marriage, and she is apparently trying to make a deal with Rossdale to pay a lump sum to him, rather than spousal support. Reports state that Rossdale, who is reportedly worth $20 million is not taking the deal.

How alimony is treated for tax purposes

Divorces in Arizona have slowly become much more common. Those who have gone through the process know that it can be difficult. Those who may be contemplating divorce have probably done research and spoken with friends and family so they know what to expect. However, each divorce is unique based on the particular facts of each relationship. What occurred in a friend or family member's divorce will not necessarily occur in every divorce.

There are some general categories of issues that must be resolved in a divorce, though. The couple will have to make decisions regarding child support and child custody if they have minor children. They will also have to make financial determinations when dividing the marital assets and debts. The financial determinations may also include decisions about alimony or spousal maintenance.

Sex offenders and child custody decisions in Arizona

Many people in Arizona have children and are no longer in a relationship with the other parent. Generally, in these situations, child custody and visitation must be determined in court. These decisions are based on what is in the best interest of the child. Often, that means that the parents will have joint custody and both will have significant time with the child. However, there are many situations where it is not in the best interest of the child to have this type of arrangement.

One of these situations is when one of the parents is a registered sex offender. If this is the case, the court will not grant that parent custody unless it makes specific findings as to why the individual is not a threat to the child. The court will also refuse to grant that parent unsupervised parenting time. This does not mean that the parent will not be able to see the child at all, however. The parent could still see the child, but their time with the child would have to be supervised by a third party.

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