Jump to Navigation

Phoenix Divorce Law Blog

Helping you assert your fathers' rights

When parents, married or not, part ways, this can impact the children involved. Every family has their unique story; thus, family law issues should be treated specifically to the family going through them. With regards to unmarried couples, there could be an issue of fathers' rights. A mother might be seeking sole custody, proving the assumed father limited visitation rights or no rights at all. A father might seek to assert his parental rights, seeking visitation or custody rights. And in some instances, a presumed father might be attempting to prove that he is not the father of the child, relieving him of any parental responsibilities.

At Wilson-Goodman Law Group, PLLC, our experienced lawyers understands the sensitive nature of family law matters. It is difficult and emotional, as it is an event that could cause an individual to spend little to no time with their child. By exerting your parental rights or taking the time to establish them, our goal is to meet the needs of our client, proving them the custody and visitation rights they desire.

Fathers deserve a fair opportunity to be with their kids

Parents in Arizona understand the special love that can only develop between them and their children. Loving a child is like no other experience, and even when children misbehave and make them crazy, parents would do anything to ensure their kids' health and happiness. This strong connection does not diminish when parents choose to separate or divorce from their partners and create custodial and visitation schedules through which to share their children.

Often, though, it may seem that courts prefer to give mothers more time with the divorcing couples' children. Mothers may appear to receive more judgments of sole physical custody or may be granted the bulk of the time in shared physical custody arrangements. Even if the parents share equally in the legal custody of their children, a father may find that at the end of this divorce his connection to his children is diminished.

Standard of living is an important factor in awarding alimony

When the young partners to an Arizona couple begin their lives in marriage, they may face the challenges that many young people do: expensive housing options, jobs that do not seem to pay enough and exorbitant costs associated with utilities, food and entertainment. Getting by can be challenging when a person is early in their career, but as time goes on many individuals enjoy promotions and the pay increases that come with them to boost the standard at which they live.

Over the course of a marriage, a couple may go from just getting by to saving for retirement, living comfortably and easily supporting themselves and their kids. Their standard of living may be secure, but should the partners to that couple choose to divorce, the economic stability of the partners may come into question. This can be especially true for a partner who elects to support their family at home in lieu of holding down a wage-earning career.

Can child support money be used to pay the rent?

There is a wide range of expenses to which child support payments may be applied. Individuals in Phoenix who have case-specific questions about how child support is being used in their familial situations should bring their concerns up with their family law attorneys. This post will discuss one general question in the very complex topic of child support and readers are reminded that its contents should be read as information only.

Many people think of child support as money that only applies to what a child individually needs. For example, they may believe that child support money may be used to buy the child clothing or school supplies but that it cannot be used in ways that may benefit others. This is not always the case. A parent who has sole physical custody of a child and to whom child support is paid by the other parent may apply child support money to maintaining housing for the child.

Circumstances under which spousal maintenance may be awarded

Alimony, also known as spousal maintenance or spousal support, is a common divorce issue that many Arizona couples confront when they choose to end their relationships. However, an award of support is not guaranteed simply because a divorce is filed. In Phoenix a person must request support from their partner and must demonstrate that it is necessary before a court will approve it.

State law recognizes several circumstances under which alimony may be appropriate. One of those circumstances occurs when the requesting spouse does not possess enough wealth or property on which to take care of themselves after their divorce. After a couple works through its divorce-related property settlement a party may know if they are able to take care of their own needs; if they cannot maintain themselves, they may have a case for spousal maintenance.

Politician and wife to end marriage in divorce

Even though his political aspirations never reached to Arizona, former New York City mayor Rudy Giuliani is a figure who has national recognition for his strong opinions and constant involvement in current events. When the presidential transition occurred just last year, Giuliani was considered a frontrunner for national appointed positions; today, though, he is in the news for a much more personal reason.

Giuliani and his wife have decided to end their marriage in divorce. This is Giuliani's third marriage and his union to his wife lasted for 15 years. His soon-to-be ex-wife has indicated that she will fight for her martial property rights, including to her rights in properties in the state of New York as well as other locations.

What happens if I outlive my ex who pays me alimony?

The financial support that a Phoenix resident receives from their former spouse can be an important part of the income they need to survive. If the payer of alimony passes on before the recipient, the recipient can be left in a difficult situation wherein they must still go on living but potentially without the money they need. Although all cases of alimony should be reviewed with attorneys who practice family law, in some cases the payer of alimony may continue to be responsible for providing for their ex even after their death.

If the recipient of alimony is determined to require support for the rest of their life, such as if they are unable to work due to age or infirmity, then a payer may be required to provide them with support through their estate. Consultation with legal professionals can be an important part of ensuring this important requirement is met.

Child's best interests may lead to father gaining custody

There is a traditional notion throughout the country that women are the better caregivers to their children than men. This may stem from the common past practices of husbands working outside of the home while wives stayed with the couple's kids and attended to their daily needs. Parents in Arizona know, though, that things have changed. Families do what they need to put food on the table and to make sure that their children have what they need to thrive.

As such, notions of what may or may not serve a child's best interests have had to change with the times. Whereas a mother may have once been the presumptive recipient of custody of the kids in a divorce, now a father may be the better fit for a child as their mom and dad transition through a divorce. Although every child custody case will proceed based on its own facts, fathers can make strong cases to advocate for their custodial roles.

Get case-specific answers to individual child support questions

To the casual observer, Arizona state laws may seem clear and specific. What is stated in the statutes should be applied to all cases that fall under the particular areas of legislation in question for different legal cases. However, anyone who has had to work through a family law matter may know that the clarity of divorce, support and custody laws is anything but precise. This is because subjective standards, complex formulas and other ambiguous considerations can all come into play to ensure that unique family law matters are assessed fairly and receive appropriate outcomes.

In no area of family law is this truer than in the computation and applicability of child support. Child support is financial support paid by a noncustodial parent for the benefit of their children. Although the state administers guidelines that dictate how much a parent must pay for the benefit of their kids, the results of the guidelines can be adjusted by the kids' needs, the parent's capacity to pay and a host of other factors.

Does remarriage end an alimony obligation?

Divorce is a relatively common occurrence in the lives of Arizona residents, and some individuals who choose to end their marriages decide later on that they would like to remarry for a second or even third time. As long as a person's prior marriage is legally ended before their subsequent union is forged their marriage may be legal, though obligations that existed between a person and their former spouse may be altered due to the one's remarriage. One of those obligations that may be impacted by remarriage is alimony.

As previously discussed on this blog, alimony, also called spousal support, is the payment of financial support from one formerly married person to their ex. Alimony can endure for various lengths of time and the amount and duration of an alimony award will be based on factors specific to the individual's marriage.

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

Gilbert Office
538 South Gilbert Road, Suite 101
Gilbert, Arizona 85296
Phone: 480-359-1758
Fax: 480-503-9219
Map & Directions

Queen Creek Office
22035 South Ellsworth Road
Queen Creek, Arizona 85142
Phone: 800-409-2187
Fax: 480-686-9452
Map & Directions

Visit Our General Practice Website

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
FindLaw Network