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Phoenix Divorce Law Blog

What events can terminate a child support order?

Child support is an important obligation that a parent has with regard to their child. In Arizona, a parent may be ordered to pay child support to provide their child with their basic necessities and other requirements. Often, child support orders and agreements are created pursuant to divorces and parental separations.

Social demographics play a role in changing divorce rate

It is an often-noted statistic that around one out of every two American marriages ends in divorce. That is to say, about half of all couples who choose to marry will eventually end up in divorce court, sorting out the ends of their relationships. However, younger Americans may be changing this trend and individuals in Arizona and around the rest of the country may be witnessing social changes that have contributed to a dropping national divorce rate.

For example, research into the topic suggests that younger adults are making different decisions about marriage than their older family members did. They tend to wait longer to get married, often securing their careers before deciding to commit themselves to martial relationships. Additionally, more young people are choosing to simply not get married and instead live with their partners in co-habitational arrangements.

Fathers can fight for custody of their children

There is a historical presumption that children, in custody situations, will always be placed in the primary care of their mothers. This may have to do with traditional parenting roles that mothers and fathers took on in the past, which often involved fathers working outside of their homes to earn money while mothers stayed home to take care of the couples' children. Any Arizona parent in 2018 knows, though, that this somewhat outdated model is not the norm for all families.

It is growing more and more common for men to work from home or stay home when their wives seek employment and earn the incomes on which their families survive. Fathers can and do take on more active roles in the raising of their children and play an integral part in ensuring that those children become happy and productive adults.

Understanding the end of a spousal maintenance order

Although alimony may be ordered for the duration of the recipient's life, many Arizona spousal maintenance awards terminate long before the individual who receives their former spouse's money pass away. Exactly when an agreement or order for alimony will end will depend upon the terms of the document that controls the post-divorce relationship. They type of alimony ordered and the needs of the recipient party may be controlling with regard to when the obligation will end for the payer.

For example, a court may order one party to pay the other support for as long as it takes for the recipient to be prepared to enter the job force. That may involve paying spousal support to a party while they attend school or trainings to become ready for work; this type of alimony may be used to rehabilitate the recipient and their capacity to become self-supporting.

Why is only one parent usually ordered to pay child support?

Without the financial support of their parents, Arizona children would struggle to have their most basic needs met. They may go without enough food or may live without protective shelters around them. They may not have clothing or a means of getting to school to further their educations. In cases of divorce and situations where parents do not live with each other, child support can be a vital component of providing a child with what they require to survive.

In Arizona it is usually the case that one parent will be ordered to pay child support for the benefit of their child. Based on the state's guidelines that parent will be told how much child support they must pay and when it is due. Their order will inform them of where to send their child support payments as well as other information relevant to their specific family law case.

Building a strong case for alimony during an Arizona divorce

It is not uncommon for an Arizona resident to spend years of their life laboring away at important work that may never yield a paycheck. They may take a lead role in raising their children, and they may take on the heavy responsibility of managing a family home while their spouse works to support them and their dependents with an income. A person may give up opportunities to advance their career or increase their education because it is the best choice for their family as a whole.

Last week this divorce and family law blog discussed the factors that courts can consider when they decide if alimony should be awarded during divorce proceedings. Some of the most significant factors that can play into an alimony award are those just mentioned: the contributions that a person may make to their partner and family that do not necessarily reap financial benefits.

What is considered when a court evaluates an alimony request?

There are many factors that Arizona courts evaluate when determining alimony, also known as spousal support or maintenance. In particular, courts look at the finances of the parties to decide if one will be financially disadvantaged by the divorce. This post discusses some of the important factors that courts consider in these alimony evaluations. However, individuals should speak with their own attorneys for case-specific help.

Asset valuation is an important part of an Arizona divorce

When the partners choose to end their marriage in divorce, their assets and possessions will be subject to division based on the state's community property laws. Community property is one way that property may be classified as marital or separate, and then split between the partners to an ending marriage. Here, courts attempt to divide marital property evenly.

What child support enforcement remedies can be used in Arizona?

When parents in Arizona part ways, it is important that the children from the relationship are supported. In most cases, there will be a parent who is ordered to pay child support. It is imperative that the paying parent keep up with the payments, make the payments on time and pay them in full. However, it is not uncommon for the payments to be late, not be paid in full or not be paid at all. For custodial parents who need to receive the payments to care for the child, there are certain steps to take to resolve this issue of delinquent payments.

Arizona officials have certain enforcement remedies that it will use to get the payments. The Division of Child Support Services is authorized to act to recover delinquent payments. It must first inform the parents that there will be an enforcement action taking place. With the notification, there will be instructions for parents who would like to have an administrative review should they want to pursue a dispute against the enforcement.

Divorce not about winning but ensuring strongest future possible

The prospect of divorce is something that may put those involved in a highly emotional state for many different reasons. The investment that all parties put in from both an emotional and financial perspective can make the process feel as if everything is on the line. In these instances where the divorcing couple has to deal with so many complex and important issues, it can be easy to feel like divorce is a must-win game of assets, child custody, and more.

However, a recent column from Forbes on facing divorce serves as a stark reminder that the divorce process isn't about "winning" per se. In fact, the contributor argues, both parties can often feel like they lost in a way - which is, of course, perfectly normal. In any divorce, even those involving a high amount of assets, a limit on the resources exists. Both parties are going to walk away with something. Thus, it is important to keep in mind the totality of what is at stake and prepare responsibly for post-divorce life.

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