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Phoenix Divorce Law Blog

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.

Child abduction by a parent is a serious legal issue

Child custody orders and agreements are rarely perfect. While in most cases Arizona families are able to work around the parameters of the custodial plans they are bound to follow, in some situations following a child custody arrangement can be downright frustrating. While parents should always seek legal assistance to find appropriate ways to either change or modify the terms of the agreements and orders that they must follow, some parents elect to take custodial matters into their own hands.

When a parent takes their child against the terms of an operating child custody order or agreement then their act may constitute child abduction. For example, if a parent was to return their child to the child's other parent but instead took the child overnight then their failure to act in accordance with their custody plan may arise to abduction or kidnapping.

Notices must be provided before child support enforcement occurs

A parent who has fallen behind on their child support obligation may be aware that they are failing to meet the terms of their child support agreement or order. While many Arizona parents are able to stay current on the sums that they owe to their children, others through either inability or unwillingness miss payments and leave themselves open to the enforcement efforts of the state. This post will discuss one very important step that must be taken before the state may begin enforcement remedies against financially delinquent parents: notice of delinquency.

Before the state of Arizona's Department of Economic Security may begin taking actions against a parent who has not paid their child support, the parent must first be notified of their missed payments. Notice is a critical component of the enforcement process as it gives parents a chance to become current on the amounts they are responsible for paying as well as time to file administrative reviews. An administrative review gives a parent a chance to have their child support matter looked over if they believe that they have been contacted for child support enforcement in error.

How can a man challenge the paternity of a child?

It is often the case that when an Arizona man learns that he will be a father that he embraces his new role and the prospects of being involved in his child's life. Becoming a parent is a huge step and while not every person who finds out that they are expecting a child is prepared for the news, most rise to the occasion to provide their children with opportunities and love.

However, on occasion, a man may be told that he will be a father, and he may be doubtful of such news. Being named the father of a child can be financially and legally significant, and if the man is confident that he is not the child's father, then he may wish to fight the claims to avoid becoming the victim of paternity fraud. This post will touch on some of the ways that paternity challenges may occur, and readers who wish to pursue these and other efforts, should consult with attorneys who advocate for fathers' rights.

Finding financial health after a divorce

It should be no surprise to readers of this Arizona family law blog that ending a marriage and dividing a single home into two households can be expensive. A couple that shares a mortgage may find itself paying that mortgage and rent for one of the partners to live in a residence other than the marital home; to support that second address the individuals both must pay utilities, buy household goods and attend to many of the other costs that are needed for a person to live on their own.

While creating a sound property settlement pursuant to a divorce is an important part of protecting a person's post-marriage financial health there are many other ways that people can help themselves land on their feet in the wakes of their divorces. For example, divorced parties should cancel any credit cards that they share with their exes as they can become liable for the costs their ex-partners incur as joint holders of the accounts.

A divorce should not result in financial suffering

While some people may believe that deciding to divorce is an easy choice, for many it is a difficult process that requires them to weigh a number of personal factors and options. A Phoenix resident may feel compelled to stay in a marriage for the sake of their kids or they may simply not be ready to give up on their relationship. For others, leaving a marriage may mean coming to terms with another difficult change in circumstances: a possible modification to one's financial situation.

When two people divorce they must divide up their property and determine who shall own what once their marriage is over. Once their lives are split what they earn as income becomes their own, but for a spouse who is unemployed or who has not worked in many years the prospect of becoming self-supporting may be incredibly overwhelming. This is where alimony may come into play.

Can I move if I share physical custody of my child?

It is not uncommon for Arizona residents to change jobs over the course of their careers. In fact, some individuals may even change industries or occupational paths that take them on very different courses of life. When opportunities to make career moves come up it is often the case that the move will impact more than just the person seeking to make the switch.

Children can often be affected if their parents decide that they want to change jobs and relocate to new cities or even states. Particularly if a child is subject to a custody plan, a move could mean big changes for their normal course of life. If a parent has sole custody of their child then the move may be easier as they may not need permission from the other parent to make the change.

Ways a man may be proven to be a child's father

Although their relationships do not always last, men and women who reside in Arizona bring children into the world that they must raise and care for until the children are no longer dependents. When a man and woman are married at the time a child is born it is generally presumed that the child is the offspring of the woman's husband. However, not all babies are born to married individuals and this post will discuss how paternity may be proven in the state of Arizona.

First, a long-term marriage is not required to show paternity. A man and a woman must have married within the ten months preceding the baby's birth for the man to be considered the father of the child or the baby must have been born to the woman within the ten months following the end of the couple's marriage.

Circumstances that may lead to an award of alimony

Not every divorce that occurs in the courts of Arizona will end with an award of alimony to one of the parties. In fact, in many cases the parties to a divorce may emerge from the legal process with their careers intact and sufficient assets on which to support themselves. It is only when one of the parties may be disadvantaged and unable to provide for their own needs that an award of alimony will be made.

Pursuant to Arizona law there are four situations in which an award of alimony may be appropriate. First, an award of alimony may be made if the party requesting the support does not have enough property or sufficient assets to manage their own financial needs. Their former spouse may be required to provide them with additional support so that they may maintain their reasonable living requirements.

When will I be done paying child support?

A parent who lives with their child may be painfully aware of just how much money it takes to raise that young person. From costs associated with keeping food in their body and a roof over their head to paying for their clothes, school supplies and activities, a Phoenix parent may be stretched to cover the many expenses that are required to maintain a child's needs.

In Arizona both of a child's parents are responsible for contributing financially to the child's well-being. As such, if the child's parents are no longer together then a child support order may be necessary to ensure that the noncustodial parent continues to provide for their kid. Child support obligations can last for many years but generally terminate when the children subject to them turn eighteen years of age.

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