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Child Support Issues

Posted on: March 31st, 2015 by Scott Law

Divorce can be a difficult process for all parties involved. From splitting up marital assets, selling or redistributing property, to deciding who gets certain sentimental items, the financial ramifications of ending a marriage can be manifold. If children are involved, this becomes an even more difficult process. One of the main issues that can cause disagreement between divorcing couples is child support. If you find yourself in the position of negotiating child support, here are a few issues to consider:

  • Who is paying child support and who is receiving it? Usually there is one parent who has custody of the children more often or who makes less money. This parent will receive child support based on the income of the other parent. The amount should be decided upon in advance and put into a written agreement.
  • How long will the support last? In Arizona, it is required to pay child support until a child turns 18. If at that time the child is still in high school or an equivalent program, the support must continue until the child graduates or turns 19, whichever happens first. After that point, there is no more legal guarantee of support. If you and your spouse want the support to continue into college, make sure that you spell this out in your custody agreement.
  • How often will the child support agreement be re-visited? Jobs change, incomes change, and so should child support agreements. It is best if you decided in advance how often you will review the agreement so it does not become a source of tension and disagreement. Of course, if there are any drastic or unexpected changes, either parent can request that the agreement be reviewed at any point.
  • What will happen if the agreement is broken? It is a sad fact that in some cases, child support agreements are not honored by both parties. If this happens it is important to consider what you will do and how you will rectify the child support contract.

At Scott Law Firm, we strive to be the child support lawyer Peoria Arizona residents trust. We will be here to talk you through all parts of this difficult process and ensure that you and your children are getting what they need from a support agreement. Call our offices today to schedule your consultation.

Divorce Care

Posted on: January 28th, 2015 by Scott Law

Divorce can be hard not only on the individuals directly involved, but especially on the children and even sometimes on the extended family involved in the relationship. It’s important to go through a difficult time like divorce with the help of caring friends, family, and professionals who will advocate for you and offer the emotional support that you need.

Court proceedings can often continue long after a divorce is finalized, and the Scott Law Firm knows that when you need an attorney, Peoria Arizona residents, you need the best the Valley has to offer. Make sure you have a good attorney so that when additional proceedings or issues like child support adjustments become a source of conflict, you have someone backing you up who knows the law and has your best interest at heart.

Additionally, it can be quite cathartic to talk to other people who are in the same situation. Your sister may be tired of hearing about your situation, whereas a support group can offer the support of others who realize how important it is to talk about how you’re feeling and work out some of the anger and resentment that may be left over from the experience. Benefitting from others who have been where you are can both add hope and perspective to an otherwise difficult period in your life.

By surrounding yourself with people who are dedicated to helping you through what may be the most difficult time in your life, you are taking the steps necessary to heal and move forward. Don’t waste another minute – take steps now.

Divorce Linked to Academic and Social Struggles in Children

Posted on: November 24th, 2014 by Scott Law

A 2011 study published by the American Sociological Association found that children of divorced parents struggle in math and with social skills. The study followed about 3,500 children from Kindergarten to 5th grade. The researchers compared the academic and social abilities of children from divorced families versus children from families with parents who were still married.

The study concluded that children from divorced homes tended to perform more poorly in the area of math on standardized tests. They also tend to display more anxiety and sadness than their peers. Children of divorced parents have a harder time making friends and are more likely to feel lonely. These issues peak at the point that divorce proceedings are initiated.

Since it is evident that divorce negatively impacts children, it is important to carefully weigh the pros and cons of a separation. It may be better for children in the long term, but it is a hard transition for children to make. To help minimize the impact of divorce, it is important that parents shelter their children from parental arguments. Conflict is hard for children and intense discussions should be tabled until they are asleep or not home.

Once the decision to divorce has been made, it is important to keep proceedings and interactions civil. Contact us for our services for family law, Glendale residents, and  to retain a knowledgeable divorce lawyer. Your lawyer can handle the majority of interactions with your former spouse to ensure your children are not exposed to parental conflict. Our lawyers will also help work out custody arrangements that are as consistent as possible. Consistency will help ease the transition for your children and minimize the impacts of your separation.

It is also advisable to seek therapy for your children to help process their emotions. By being open and having an outlet for their feelings, it will make it less likely for them to internalize conflict and feelings of uncertainty.

Divorce is not fun for anyone, but we are here to make it as easy for you and your children as possible. Call us when you are ready to take the next step.

Bullying and Divorce

Posted on: October 13th, 2014 by Scott Law

Bullying is something that we don’t always associate with adults. However, a common complaint that we hear in the divorce or custody context is that one party is threatening, intimidating or bullying the other. Bullying tactics are typically used in an attempt to persuade the other party to agree to certain terms. Sometimes, they are used to try to force a party out of a shared residence. They can even occur in circumstances where one party does not want to proceed with a divorce or legal separation at all.

Regardless of the reason for the bullying, bullying is something that should be taken very seriously by everyone involved. Any acts of violence between the parties in a family court case will likely be considered domestic violence and may require police intervention. Bullying tactics are also acts in direct violation of the Preliminary Injunction that is often in place in family court cases.

Remedies exist within the family court to prevent further bullying and to sanction a person for their violations of the courts orders. Options like Orders of Protection and Temporary Orders give a party an avenue to put a stop to the bullying that has occurred. The court may order no contact, may give one party exclusive use of the residence and may even issue orders for one party to pay the other’s attorney’s fees and costs.

Hiring an attorney who can assist you with this difficult situation may alleviate some of the bullying behavior. An attorney can deal directly with the party and limit the amount of contact that the individuals have with one another. Scott Law Offices is experienced in representing clients in high conflict cases involving bullying and domestic violence.

DUI And The Difference An Attorney Can Make

Posted on: October 4th, 2013 by Scott Law

It is an awful feeling. You are driving in your car and you see the police lights behind you. This can be an embarrassing and uncomfortable experience for even the most minor traffic violations. When someone is pulled over with drugs or alcohol in their system, things can quickly go from bad to worse. Faced with a court date in the near future and knowing that Arizona has very strict laws and punishments for DUI, you have to decide if hiring a Glendale DUI attorney is the right choice for you.

You might be thinking, what difference can an attorney make in my case? A criminal defense attorney experienced in DUI representation can help you navigate the complex issues that are often involved in DUI cases in Maricopa County. They can assist with your license suspension and MVD hearing. They know how to take certain actions to avoid additional fines, fees and insurance costs. They can see problems in a case that could warrant a dismissal or reduced plea offer. They will assist with the court proceedings, preventing you from having to take substantial time out of work or school. Most importantly, they are there to advocate for you in the event that the matter goes to trial.

Can a Glendale DUI lawyer make a difference in your case? Call an experienced DUI lawyer to find out.

Scott Law Offices is a Glendale law firm providing Peoria DUI attorneys, Deer Valley DUI attorneys, Desert Ridge DUI attorneys and DUI representation throughout the valley.

Domestic Violence and Family Court

Posted on: September 26th, 2013 by Scott Law

Every year more than three million children witness domestic violence in the home. These children tend to experience abuse or neglect at high rates. Studies have found that children who are exposed to domestic violence at home are more likely to have health problems and are at risk of suffering injuries themselves in many circumstances. More than 60% of domestic violence incidents happen at home. Without help, children exposed to domestic violence in the home are more likely to commit acts of domestic violence in their future. In order to stop the cycle of domestic violence, it is important for incidents of abuse to be reported and for the court to intervene.

Orders of Protection can be the first step towards acting against domestic violence in the home. An order of protection is issued through the court to protect a person where they live, work, go to school and even prevents telephone and electronic contact. Such orders can be issued to protect the victim of the abuse as well as the children exposed to it. In an order of protecting hearing it is important that your Phoenix family law firm understands the sensitive issues involved and the scope of the hearing.

Once the safety concerns are addressed, family court involvement is often the next step. A Phoenix divorce attorney with experience in high conflict divorce cases can assist in ensuring that the proper orders are requested and that the court is aware of the serious allegations involved in the case. There are many tools available to the family court in domestic violence cases to ensure that the violence ends and safeguards are in place.

If the threat is severe, you may choose to press criminal charges. Before doing so, it is advisable to seek the advice of your divorce attorney in Arizona. Keeping organized and creating a list of all the facts prior to preparing a complaint against partner can be the difference between the court taking action or not. One should never limit their complaint to just the end result. Most often, an incident of domestic violence starts with very minute issues that escalate over time. Such details could later prove helpful during the divorce process. Safety is the primary goal. Seeking help right away and reporting acts of abuse can help avoid future incidents.

For more information on orders of protection, domestic violence representation and high conflict divorce or custody cases contact Scott Law Offices.

Flexibility and Co-Parenting

Posted on: September 19th, 2013 by Scott Law

Parents that choose to separate or divorce are required to stay in contact for matters involving the children. The relationship does not simply end. Communication is required to discuss matters affecting the children, to arrange parenting time and to effectively co-parent. The parents will be linked to each other indefinitely through their children, grandchildren and great-grandchildren. Therefore, it is important in any custody case for the parties to put the past behind them and allow some flexibility.

Keeping in mind factors like each other’s work schedule, work location, home location, school location and the children’s activities, parties can work together to establish the best visitation schedule for kids. Building a routine that your children can easily become accustomed to will allow for that schedule to be an integral part of their lives. Parties that are able to effectively communicate and work together for the sake of the children are often able to agree to deviate from the court ordered schedule. Exchanging days or allowing additional days can be very important when dealing with work, school, activity, holiday and vacation schedules. The hope is that if one parent is accomodating of issues as they arise, that the other parent will give the same courtesy in the future. This ability to be flexible after having gone through a divorce or custody dispute will allow for better co-parenting and a better relationship between all involved.

Ultimately, it is up to you and your former partner to decide what works best for you and your children. Communication is of the utmost importance and is the only way that flexibility can be achieved. The best visitation schedule for kids is always the one that makes them feel close to both the parents. Contact your local Glendale custody lawyer and the Glendale law firm of Scott Law Offices for more information and ideas regarding parenting time schedules and the best visitation schedule for kids.

Collaborative Divorce – When Out of Court Settlement is Right

Posted on: September 9th, 2013 by Scott Law

Any divorce can end bitterly when the people involved build resentment and hatred towards each other. This only leads to stress, anxiety and numerous visits to the family court, where ultimately, the judge decides how you should share your property and even your kids. If this is something you want to avoid, a divorce settlement out of court is the best option.

When you are not sure what path you would like your divorce to take, ask yourself some questions. Do you want to go to court? Do you and your partner agree on how the property and debts should be divided and want to end the marriage amicably? Does the love that each of you have for your children motivate you and your ex-spouse to sit together in an attempt to decide how the children should be raised after the divorce, rather than let a judge decide?

A settlement of divorce out of court does not necessarily mean that you will not get a fair deal. In fact, out of court settlements give you the flexibility to compromise and make decisions that fit your children and the parents needs. Knowing that you have control over the final outcome of your case due to the settlement should greatly reduce any stress or anxiety you have experienced from the divorce. However, while divorce settlement is a very desirable option, it is important to understand the Arizona family law and your rights fully before making any decisions. An Anthem divorce lawyer, Phoenix divorce lawyer, Peoria divorce lawyer or lawyer in your area can assist you in reviewing the agreement you have reached, negotiating any outstanding items and drafting the necessary legal documents to finalize your divorce and protect your rights.

Divorce is not simple. It can be a frightening transition in your life, and a very stressful experience. Going to family court to fight against your partner is necessary in many cases, and can be the difference between having a future friendship with your ex-spouse or not. When parents have children together, those children will have many milestones in their lives that they would love to share with both parents without tension or worry. It places a great deal of stress on the child when they are forced to worry about how their parents will behave around eachother. An out of court settlement could be the difference between having a resentful relationship with your ex-spouse or one that is built on respect and healthy communication.

If you are interested in more information regarding divorce settlement, contact your Glendale divorce lawyers at Scott Law Offices to ensure you understand the law and are protecting your rights.

Are You Getting Enough Parenting Time?

Posted on: September 5th, 2013 by Scott Law

Divorce can lead to a loss of child custody. When your ex-spouse is awareded the custody of your children, all that you are left with is parenting time. Parenting time, which is often referred to as visitation, refers to the time that the non-custodial parent gets to spend with the child/children. Considering the information available and the arguments made by your Phoenix attorney for custody, the court will determine the parenting time in the best interests of the child.

Arizona State laws recommend that parenting time should be planned based upon on the age of the children and their requirements. The custodial parent alone, or together with the other parent, can use the Arizona sample parenting time plans to determine the best visitation schedule for kids. As the non-custodial parent, you may have to change your own plans and schedule to accomodate the visitation schedule. If your ex-spouse is cooperative, you can plan the parenting time such that everyone is happy.

If your ex-spouse is being troublesome, you could end up with unfair visitation arrangements. The only way to avoid that is to seek the help of an attorney for family law in Anthem or the city you reside in and find ways to get sufficient amount of parenting time. Remember that you and your child both have a right to spend quality time with each other, which should be the aim of your custody battle.

Once you figure out a schedule that is feasible for both you and your kids, try to stick to the schedule as close as possible. This is perhaps the best way to earn the trust of the kids and even the other parent, which can be helpful when you want to petition for more parenting time.

For more information on parenting plans in Arizona, contact Scott Law Offices.

Understanding Contempt of Court After Divorce

Posted on: August 28th, 2013 by Scott Law

When the court grants a divorce in Arizona, it has the power to enforce all orders that are entered for the couple of the divorce. If one of the parties violates any part of the agreement without the court’s permission, then that party is said to be in contempt of the court and can have sanctions issued against them.  These sanctions can range from monetary orders to incarceration.

 

If your former spouse has violated the court’s decree, your Glendale Divorce Attorney can petition the Court to enforce the Court’s orders and hold the other party in contempt. The copy of the Petition is then served to your ex-spouse. Your attorney will work to clearly specify the violation committed by your former spouse. Your attorney will collect evidence to prove the allegation in court. The most common violations seen are in the areas of visitation, child support, child custody, and property distribution.

 

If your ex-partner is found responsible by the court, then he or she is usually ordered to comply with the orders of the Decree and may be required to pay for your attorneys fees and costs or have other sanctions assessed against them.  The violating spouse can avoid a jail term if he or she immediately complies or asks for a reasonable amount of time in order to do so.

 

Proving contempt of court after divorce is not easy.  If you are interested in more information on contempt and enforcement proceedings contact the Glendale Arizona Law Office of Scott Law Offices for your free consultation.