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Posts Tagged ‘establishing child support’

Factors That Guide Child Support Modifications

Posted on: May 30th, 2013 by Scott Law

As a part of the divorce process, many states necessitate separate child support proceedings to ensure that the minor gets the same level of support that he or she would have enjoyed had the parents been together. During the court hearing, each parent is required to present evidence to support his/her ability to make the child support payments.

The parents may submit documents like pay stubs and tax returns as evidence in this matter. Depending on the evidence, the court specifies the amount that each parent is supposed to pay. Oftentimes, due to changes in personal circumstances, one of the parents may seek Arizona child support modifications.

The Factors

Decreased income: The noncustodial parent may lose his/her job and find it tough to make the child support payments. On the other hand, if the parent with primary custody has lost their job, the noncustodial parent might be asked to contribute more towards child support.

Increase in requirements of the child: The child may need some medical treatments or could be participating in extracurricular activities that demand money. The custodial parent, in these cases, might seek child support modification Arizona to meet these financial obligations.

Large inheritance or considerably increased income: In such cases, the custodial parent may ask the court to reevaluate child support payments as the noncustodial parent may be able to afford more due to their new economic status.

Increased family responsibility: If a noncustodial parent remarries and has children out of that marriage, he or she can ask the court that child support responsibility be decreased as the parent would have to financially support additional children.

If you have questions regarding child support or child support modifications contact Scott Law Offices to learn about your options.

 

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.

A Judge’s Authority and Having the Advantage of An Experienced Family Law Attorney

Posted on: March 15th, 2013 by Scott Law

Limits of a Judge’s Authority

Divorce, in general, is referred to as dissolution of marriage in many states. The Superior Court judge is the only authority that can grant permission to dissolve a couple’s marital status. In addition to this, the judge is also authorized to do the following:

  1. Issue orders that pertain to the custody / legal decision-making, control and care of the couple’s children.
  2. Divide assets and debts.
  3. Issue orders relating to monetary support of the couple’s children.
  4. Issue orders to one of the parties to pay the legal fees incurred in the case by the other party.
  5. Issue orders for spousal support.

The Advantage of Having an Experience Family Law Attorney

Under Arizona divorce and child custody laws, the couple is encouraged and permitted to reach an agreement relating to all issues of divorce such as legal decision-making for the children, physical custody of children, alimony, division of debts and assets, etc. When using a divorce attorney Phoenix family law cases can often result in a partial or full settlement.  It is advisable to have a settlement agreement drafted after negotiation by an experienced attorney. The parting spouses are most often unable to customize all terms of settlement to suit their circumstances and needs, but an experienced divorce attorney can help to ensure that their agreement is as inclusive as possible.

There are also certain issues that court is not authorized to otherwise order but can be included as a provision that is enforceable in the divorce settlement agreement. In other words, you stand to gain rights through a well-drafted divorce settlement agreement, which a court may not otherwise provide you.

If you are in need of an experienced divorce attorney contact Scott Law Offices and make an appointment for your free consultation today.

Understanding Family Law and Choosing Your Lawyer

Posted on: March 15th, 2013 by Scott Law

In the past, attorneys in the field of family law were called matrimonial or divorce lawyers. The primary focus was on marital relationships and nothing more. Most of the domestic cases were basically limited to setting spousal maintenance, dividing marital property, and establishing child support and custody. But over the last few decades, the scope of family law has changed drastically.

Family Law Today

A family law practitioner today must be knowledgeable about adoption, prenuptial agreements, interests of the child, child support responsibilities, parenting time and visitation rights, tax consequences etc. There is also Arizona family law that governs payment of family support obligations and domestic violence committed by parents. It is therefore not surprising that the field is now known as family law as it pertains to various aspects affecting families.

 Choosing a Family Law Practitioner

Prior to hiring an attorney for family law in Phoenix, you need to take time to interview the person thoroughly to be sure that your goals and working styles for the case are in alignment. Ensuring that the attorney you hire understands your goals and provides you with realistic expectations can be the key to a positive experience.

Another aspect that should be discussed beforehand is whether your Arizona family lawyers work on a retainer or flat rate. If they work on a retainer, you must discuss the attorney’s hourly rate and what happens when the retainer runs out.  A flat rate can make it simpler to financially plan for your family law case. Finally, keep the expectations from the family lawyer clear and understand what is expected from you as a client.

If you have family law questions contact Scott Law Offices today for your free consultation.