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Phoenix Divorce Law Blog

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.

When is paternity with a specific man presumed in Arizona?

Simply because an Arizona mother claims that a certain man is the father of her child does not make it the truth. Determining paternity is an important factor in a child's upbringing and care. Frequently, there are cases in which it is not automatically known who the biological father of the child is. Fathers also want to know for certain whether they are a child's biological parent as this will significantly impact fathers' rights and other issues. One area that both presumed or alleged parents should understand is what the law says about presumption of paternity.

There are four instances in which a man will be the child's presumed father. If the man and the child's mother were married at any point within the previous 10 months before the child was born or the child was born within 10 months after the marriage was dissolved in any way, he is the presumed father. Should there be genetic testing to determine that the man is the father and it shows 95 percent probability, then he will be presumed to be the father. If there is a birth certificate that the mother and father signed when the child was born out of wedlock, the man is the presumed father. Finally, if there is a statement signed by both man and woman, it acknowledges paternity or separate but similar statements acknowledging paternity and it is notarized and witnessed, the man will be viewed as the father.

What should I know about calculating spousal maintenance?

For Arizona couples who have decided to end a marriage, both parties will have concerns about various issues after the divorce. One factor that frequently arises is spousal maintenance. Understanding what factors are involved when spousal maintenance will be ordered, how much it will be and how long it will last are essential to a case and can impact everyone involved.

After a divorce, the court can grant maintenance. The following reasons will be considered when determining whether to award maintenance: if the receiving spouse does not have enough property to provide for his or her reasonable needs; if he or she cannot self-support via appropriate employment or has custody of a child with a condition that should not require the parent seek work outside the home or does not have the ability to earn enough to self-support in the current labor market; if he or she has contributed to the other spouse's education; or if the marriage was for a long period and the person's age might prevent them from getting employment that will provide sufficient income for self-support.

Keeping records is a good way to stay ahead of alimony problems

Keeping track of how a person spends and earns money is a common practice in Arizona. While once upon a time Phoenix residents maintained checkbook ledgers to track their earnings and expenditures, now most people log into their financial institutions' websites to follow the trends of their money. When it comes to finances record-keeping is an important way to stay ahead of problems and the same holds true with regard to alimony.

Alimony is money paid from a former spouse to their ex-partner. Past posts on this family law blog have discussed the types of alimony that may be awarded or agreed to as well as events that may bring alimony obligations to their ends. However, when alimony is an active obligation between a payer and their former spouse both parties to the transactions should be keeping track of when and how those payments are being fulfilled.

Can a man be forced to pay support if he is not a child's father?

Child support is an important source of financial help that a non-custodial parent may pay on behalf of their children in order to allow their kids to lead good lives. In Arizona, both mothers and fathers can be compelled to pay child support if their children do not live with them. If a man acknowledges a child as his own or has his name included on the child's birth certificate, then he may be compelled to pay support.

However, cases of child support do arise in which men are erroneously forced to pay support for children that are not biologically or legally theirs. If a man is compelled to pay support for the benefit of a child that he knows is not his, he may wish to submit to DNA testing to demonstrate his lack of relationship with the youth.

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