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Posts Tagged ‘Arizona child support attorney’

Divorce is for Adults

Posted on: June 6th, 2017 by Scott Law

Marriage……People meet, fall in love, get married, have children and often grow together from young adults into full-fledged grown-ups.  Whether the marriage is short or spans several decades, divorce is not something that anyone enters into a marriage anticipating.  When a marriage reaches a point where divorce is inevitable, emotions run high and mistakes are commonly made.  Divorce is for adults, and it is important to remember that adults make mistakes too and it is okay.  Some common mistakes attorneys see and hope parties can avoid are:

 

Bad Behavior on Social Media and Text

 

Your Facebook, Instagram, Twitter, and other social media posts can be seen by your friends, family and oftentimes by others you are not even aware of.  So, before you post pictures of you and your friends out partying, remember that that the pictures could easily be screenshotted and provided as evidence in your case.  Any statements made on social media about the other party, your children, or anything relevant to your case can also be used.  If you want the court to take you seriously, to view you as a mature parent with good judgment, don’t post it.  If you do not want the court to know about it, don’t post it.  

 

Charge it!

 

I remember an episode from the Flintstones cartoon where Betty and Wilma go on a shopping spree racking up a huge credit card bill.  “Charge it!”  The two women were yelling.  This is definitely behavior to avoid.  Sometimes people think that they can create a huge debt just before the divorce is filed and cause the other party to have to pay.  What they don’t know is that the court can look at this behavior and the other party can allege waste and spending in contemplation of divorce.  It is highly possible that you will be stuck with all of those bills.  What is worse is that you are likely going to need the credit cards for divorce-related expenses like legal fees, moving expenses, and rent.  Be smart about your finances and utilize your accounts in a mature, adult way.  

 

Oops!

 

Mistakes are inevitable.  Adults are human and sometimes we do things we later wish we had not.  The problem arises when a party makes a mistake more than once.  A party who bad-mouths the other party over text will likely be admonished by their attorney.  They apologize and the matter is dealt with.  A party that fails to follow the advice of the attorney and continues to bad-mouth the other party over text, should not expect the same level of acceptance from their attorney or the court.  As an adult, when making a mistake, one should follow three simple rules:

  1. Own your mistake.
  2. Learn from your mistake.
  3. Move past your mistake.  

As an attorney, there is no better evidence in court than a party who is constantly repeating the same bad behavior.  A person who refuses to learn from their mistake shows instability and immaturity to the Court.  Remember, going through a divorce does not give you a free pass for making dumb mistakes.  The fact that you are going through a divorce gives you even more reason to be careful and on your best behavior.  Be the bigger person and go through your divorce as an adult.  

Consequences of Failure to Make Child Support Payments

Posted on: May 2nd, 2013 by Scott Law

A parent who fails to make child support payments faces penalties such as accruing interest, wage garnishment, or even incarceration.

Non-payment and the role of federal government

If a noncustodial parent charged with nonpayment of child support moves to a different state to avoid the payments, he/ she may be convicted of a federal offense. The charges would fall under the Deadbeat Parents Punishment Act.

In these cases, some of the factors the federal government would address are:

  1. The noncustodial parent failed to make the payments despite having the financial capability.
  2. The noncustodial parent did not pay the child support.
  3. Child support payments have not been made for at least one year.
  4. The pending child support payment amounts to more than $5000.

Penalties for single parents in the military

A parent who is in the military who is ordered to pay child support but does not can face severe penalties.  The parent may even face termination.

Nonpayment defenses

A parent who has failed to make court ordered child support payments or has fallen behind in making payments, can attempt to prove that he or she has been providing for the child through monetary and non-monetary means but would need to hire a good Arizona child support attorney to set forth such defenses.

Child Support Guidelines in Arizona

Posted on: March 28th, 2013 by Scott Law

In Arizona, child support is continued until the child turns 18.  However, if the child has turned 18 and has not yet graduated from high school, child support will extend until graduation or the child’s 19th birthday, whichever comes first. There are several criteria that determine a child support order during a support hearing. To tackle this efficiently, you would need a professional Arizona child support attorney. Below are some of the elements that are considered when a judge determines child support.

Income

Courts in Arizona calculate child support payments on an income share model. In other words, the child support is calculated based on what the child would have been entitled to if the parents were not divorced. The court considers salaries, wages, commissions, severance, bonuses, pension, retirement funds, disability payments, and gifts when determining a parent’s income.

Income-based factors

Arizona courts also factor in certain things, which determine the support, like the total number of children the parties have, whether the parties have children from prior relationships that they support with or without a court order, whether one of the parties will be receiving spousal maintenance or alimony.  The court essentially considers the standard of living the child would have enjoyed with the joint income had the parents not separated.

Non-income-based factors

Apart from income-based child support, parents may also be asked to include the child in the medical, vision and dental plans, contribute to any out-of-pocket medical expenses, and share in any child care expenses. The court will also consider any costs that the parents may have for any special needs or gifts that a child has.

To ensure that your child support payments are no greater than they should be under the Arizona Child Support Guidelines, hire an experienced Phoenix child support attorney.  Scott Law Offices offers free consultations for all child support matters.