Friday, June 5, 2015

12 Unexpectedly Wonderful Things About Life After Divorce

"It's hard to get out of bed some days after divorce, let alone map out a future spent on your own. But at some point in the process, you start to realize that you're so much more than your relationship status and that life goes on -- and gets better -- after divorce."



http://www.huffingtonpost.com/2015/06/02/silverlinings-to-divorce_n_7495296.html

Wednesday, June 3, 2015

What is Community Property anyway?

Community Property concerns the distribution of property acquired by a couple during marriage in the event of the end of the marriage, whether by divorce or death of one of the parties. In community property states, all property accumulated by a husband and wife during their marriage becomes joint property even if it was originally acquired in the name of only one partner.  There are a few exceptions to this rule.  Arizona is a community property state.  This means this logic governs how divorce works in Arizona.

Laws vary among the states that recognize community property; however, the basic idea is that a husband and wife each acquire a one-half interest in what is labeled community property. A determining factor in the classification of a particular asset as community property is the time of acquisition. Community property is ordinarily defined as everything the couple owns that is acquired during the marriage with the exception of separate property owned by either of them individually. Separate property is that property that each individual brings into the marriage, in addition to anything that either spouse acquires by inheritance during the marriage.  There are a few more exceptions that qualify as separate property.  A qualified attorney can explain what those exceptions are.  Please visit Petersen Law Firm PLLC at www.oldpueblofamilylaw.com for a consultation.

Tuesday, May 12, 2015

Child Support in Arizona: What every parent should know

Child support in Arizona: What every parent should know

Family law courts in Arizona may order child support payments to ensure that both parents fulfill their financial obligations toward their children.
As most parents in Arizona will attest, raising a child can be an expensive, albeit rewarding, undertaking. Often, both parents share the responsibility of providing for their child, and his or her needs. In situations when a child does not reside with one or both parents, family law court judges may order child support awards. These payments are generally ordered to ensure that custodial and non-custodial parents satisfy their financial obligations as parents.
According to the Arizona Supreme Court, child support is a monetary payment paid from one parent to another. These payments are meant to provide for a child's educational, living and medical expenses.

Child support guidelines

The Arizona Supreme Court has adopted a set of guidelines for the establishment of child support orders in the state. These guidelines include a formula, which family law courts generally use to determine the amounts for child support obligations. The formula accounts for several factors, including each parent's income and the number of children the couple shares.
The formula applies the parents' combined income and number of children involved to the basic support obligations schedule. The amount obtained from the schedule is then generally divided by each parent's percentage of the combined income. For example, if the father's income is $7,500 per month and the mother's is $2,500, then the father would be responsible for 75 percent of the support while the mother is responsible for 25 percent. In order to determine the total support obligation of each parent, other expenses, such as health care coverage costs, childcare, education costs, special needs expenditures and adjustments for older children, may then be added to the basic support obligation, according to the Arizona Child Support Guidelines.

Deviating from the guidelines

Sometimes, situations warrant deviations from the state's child support guidelines. Under section 25-320 of the Arizona Revised Statutes, there are certain criteria that should be considered in these cases. These factors, include the following:
· The child's needs and financial resources
· The noncustodial parent's needs and financial resources
· The custodial parent's needs and financial resources
· The parenting time durations and any related expenses
· The child's physical and emotional condition, as well as his or her educational needs
· Any abnormal or excessive expenditures
Additionally, the court may also consider what the child's standard of living would be if he or she lived with both parents. In order to deviate from the guidelines, the court must provide a written finding of how the guidelines would have been unjust or inappropriate.

Enforcing child support orders

The Division of Child Support Services, by state law, has the authority to enforce child support orders. This includes a number of different actions that may be taken by the division. According to the Arizona Department of Economic Security, these actions include administrative withholding income, offsetting tax refunds, seizing assets, placing liens on properties, and suspending or revoking parents' driver's licenses. Furthermore, judicial actions, such as state or federal prosecution, may also be taken.

Working with an attorney

There are numerous considerations, which go in to the establishment of child support orders in the state of Arizona. As such, the process can be somewhat complicated. Therefore, parents who are pursuing support, or might be ordered to pay support, may find it of benefit to seek legal counsel and representation. An attorney may explain the guidelines to help them to understand the process and what to expect.
Keywords: child support, custodial, financial, obligations, payment, income, Arizona, noncustodial, emotional, Economic Security, administrative withholding income, attorney

Mother only gets child support for one baby of twins from different fathers

http://abcnews.go.com/Health/jersey-court-rules-dad-pay-support-twin/story?id=30902175

Saturday, November 29, 2014

Divorce laws that vary around the world

The Herald recently published an article about how different divorce law are around the world.  An Arab Muslim man, for example, who wants to divorce his wife merely assembles two witnesses and his wife and tells her, “I divorce thee.” He then keeps the children, because he owns them, and can remarry almost as soon as he has uttered those fateful three words.  The article puts our own divorce laws in perspective and how swiftly they can change.  http://www.register-herald.com/opinion/columns/divorce-laws-regulations-vary-widely-around-world/article_fad1645e-cb9e-5c15-a8cb-fcd95d03e0f0.html