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Phoenix Divorce Law Blog

Shared child custody recommended by some researchers

In Arizona, child custody is often a strongly disputed issue in a divorce. However, recent research shows that shared custody or equal parental access benefits the children of divorced parents.

Mothers are frequently awarded fully physical custody of children in this country. Long-lasting concerns over the impact of conflict among divorcing parents upon the children has led to this outcome.

Establishing house rules for children after a divorce

Children of parents in Phoenix who are going through a divorce have a lot to adjust to, and part of what they must come to terms with if their parents share custody is having two homes - one with one parent, one with the other. While each parent wants to see that their child is happy and thriving, they each might have different ideas about how to accomplish that. Therefore, it sometimes happens that the rules at one parent's house are not the same as the rules at the other parent's house.

This situation can be confusing for the child, and could even cause distress. Children need stability, especially after a major life event, such as a divorce. However, there are things parents can do to try to see eye-to-eye on what the rules should be in each household.

The divorce tax bill

Undergoing divorce does not eliminate the burden of taxes. Planning for tax consequences should be part of pursuing a settlement or decree.

For example, child support payments are not tax deductible. This also means that the parent who receives this support does not have to pay taxes on it.

What is paternity fraud?

Paternity fraud impacts fathers' rights and has consequences for child support payments, among other things. It takes place when a mother knowingly misidentifies a man as the biological father of her child. This fraud also occurs when she suspects that the man identified on the birth certificate is not genetically connected to the child.

One method of committing a fraud is requesting a man to execute an affidavit of paternity or birth certificate form for a child when he has no biological connection to that child. Usually, the child's mother makes this request. States complicate this matter when using these documents instead of a DNA test to establish paternity before ordering child support.

What can a divorce do to finances?

A divorce in Arizona may have financial consequences over and above legal costs. Several of these matters, even though they may appear complex and technical, should be considered as major issues that must be pursued in court or negotiations. Planning should start well before the divorce filing.

Planning might include developing an idea about a spouse's assets once marital property is divided. After this is determined, the spouse should develop a budget based upon these assets, personal property, income and liabilities. This budget could be used as a guide in seeking a property settlement with the former spouse.

Helping you develop a workable child custody plan

No family is perfect. While some Arizona parents can deal with the natural ups and downs of a marriage, this is not always the case when disputes get hostile and frequent. In these matters, it is often best for everyone involved to end the marriage. While it is no easy feat to initiate a divorce, it can be the best decision for spouses and even their children.

When it comes to addressing the needs and best interests of a child during dissolution, parents must consider how a fair, workable and ideal parenting plan will look like. It is not easy to go from seeing a child full time to half of the time or less; however, this is a task that divorcing parents must adequately address. At Wilson-Goodman Law Group, PLLC, our experienced legal team has helped divorcing parents successfully navigate family law issues. Our law firm is dedicated to guiding Phoenix parents through this often difficult time.

What are the penalties for late child support?

Late child support payments have serious consequences for children and their custodial parent. However, Arizona provides child support enforcement remedies for delinquent payments.

The state's Division of Child Support Services has the power to enforce penalties for late support payments. It must notify parents before it takes any action and notify them that they can request an administrative review to contest these actions.

Nesting child custody agreements

Divorce may be a particularly difficult time for children in Arizona. Spending time at two homes and having two separate bedrooms or belongings sometimes adds to the child's trauma. New child custody arrangements, however, have allowed the children to remain in the family home, because their parents take turns moving in and out.

This new arrangement is referred to as "nesting," and it promotes stability and predictability. However, it may have numerous emotional, financial and legal consequences.

High-asset divorce and retirement

The divorce rate for spouses over 50 has doubled since 1990. Ending a marriage at this age can have consequences for retirement planning for these couples in Arizona and nationwide.

The first and most significant consequence is that divorce essentially divides financial assets by half. Couples generally planned a retirement based upon sharing a house, medical insurance and expenses. Divorce may divide these retirement assets and make each spouse responsible for their debts. An older spouse will also have less time to replenish lost savings through employment.

Building financial protection in divorce

Legal and financial issues can be entangled at the end of a marriage and imperil future finances. Measures can help minimize some of these financial ramifications during an Arizona divorce.

Couples can agree to file for a legal separation which allows them to file joint taxes and remain on their other spouse's health care plans. This is a temporary measure that allows the couple to make plans or to consider whether they should stay together.

Wilson-Goodman Law Group, PLLC is one of the East Valley's premiere litigation law firms.

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