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Posts Tagged ‘Glendale divorce’

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. 

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.

 

Divorce Mediation and Its Advantages

Posted on: May 30th, 2013 by Scott Law

Divorce mediation is a way of finding solutions to issues like spousal support and child support payments. The mediation occurs out of the courtroom where both parties and their divorce attorneys in Arizona meet the court-appointed third-party who acts as the mediator. The mediator is a neutral person who assists the parties involved in reaching a settlement. The divorcing couple gets an opportunity to sort out issues and come to an agreement on various issues. The mediator can only offer an opinion during the process and cannot force an agreement on the parties.

Advantages of  Divorce Mediation

A successful divorce mediation saves both time and money. Through mediation, a couple can sidestep the long divorce court process saving their time as well as the family court’s time and resources. The fees paid to the lawyer would also be relatively less. Since the mediator is a third-party who has absolutely nothing to gain from the outcome of mediation, it is fair to all. Also, the objectivity with which the mediator views the issues enables him/her to come up with solutions that the divorcing couple often cannot.

The entire mediation process is confidential. There would be no court reporter recording everything that is said during the process. Essentially there would be no “airing dirty laundry” in public as this is a settlement of divorce out of court. If the entire process goes smoothly, you would hopefully be able to maintain a cordial relationship with your former spouse after divorce. Mediation also helps reduce the tension often involved in court proceedings.

Scott Law Offices is committed to working with clients to negotiate the best possible resolution in every case and is prepared to litigate to protect the rights of our clients.  Contact our office for a free consultation.

Understanding Child Custody

Posted on: March 28th, 2013 by Scott Law

To understand your child custody options, you first need to familiarize yourself with legal terminology used by lawyers. According to Arizona child custody laws, there are two types of child custody one can have (1) physical custody, and (2) legal custody. Let us look at these in some detail.

Physical custody

This is also known as parenting time as it refers to the person who has the majority of the parenting time with the minor children. Physical custody can be further explained as follows:

Joint physical custody: This is also known as shared custody. Here, the children spend a certain number of days in a week (or year) with one parent and the remaining days with the other. The time can be divided almost equally between the parents.

Sole physical custody: In this situation, the child primarily resides with one parent. The other parent may have visitation rights, which can be supervised, unsupervised, and involve visits on a less frequent basis than in a joint or equal custody situation.

Bird’s nest custody: In this situation, the children do not move around to be with parents. Instead, the parents are expected to visit the children according to the time allotted to each of them. The mother may reside with children for the first few days and the father may then come in for the remaining days.  This allows the children to maintain a steady residence and enjoy the familiar surroundings with both parents.

Legal custody:

First, in Arizona, child custody is now referred to by the courts as “Legal Decision-Making.”  This deals with the legal authority that enables the parents to make decisions concerning their children such as education, non-emergency medical treatments, and religious upbringing. Legal custody is further classified as follows:

Sole legal custody: If one of the parents has the sole legal custody/sole legal decision-making authority, he/she becomes the only person who has the authority to make major decisions concerning the child.

Joint legal custody: Here both parents have the authority to make major decisions. A parent who has joint legal custody need not necessarily have joint physical custody.

It is wise to hire an expert attorney to decide between joint vs sole custody so that you can live with the decision comfortably both now and in the future.

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.

The Difference between Legal Separation and Divorce

Posted on: March 15th, 2013 by Scott Law

For many, divorce vs legal separation is a decision that is hard to make but understanding the difference between them can make the decision easier. The primary difference between the two is that legal separation will not end the marriage, but will enable the couple to live separately.   During the time that a couple lives apart, they can have an order from the court that serves as a guide about the rights and responsibilities of each spouse.

The Main Reasons Why Couples Opt For Legal Separation

There are 3 major reasons why couples will opt for a legal separation rather than a divorce, which are:

  1. The religion of the couple prohibits them from getting a divorce.
  2. The couple has been married for less than 10 years and wishes to get social security benefits.
  3. The couple needs to remain married to be eligible for medical and health benefits under the insurance plan.

Issues Addressed Through Separation Agreement

Some of the issues that a couple can address in the legal separation agreement are: child custody / legal decision-making, division of assets and debts, child support, spousal maintenance, and parenting time schedules. A separation agreement can protect your interests until you arrive at the decision to file for divorce. In essence, it can set precedence for a divorce.

If you file for divorce, the judge may look to your separation agreement to make a final determination in the case. This is because the judge may find that where the separation agreement was agreeable to the couple for separation purposes, it should, therefore, be agreeable for divorce purposes too. It is vital that you find a divorce attorney in Glendale or other city in which you reside who can assist you in drafting a legal separation agreement that you can live with long-term.

For advice on legal separation or divorce contact Scott Law Offices to schedule a consultation.

Arizona Changes Custody to Legal Decision-Making

Posted on: January 30th, 2013 by Scott Law

Child custody is often a very confusing and misunderstood area of family law for people facing a Phoenix custody or divorce case.  With the new year brings new changes to the laws on child custody in Arizona.  The first and most apparent change is that the term “child custody” has been replaced with the term “legal decision-making.”  A.R.S. §25-403 includes several other changes that may affect your Phoenix divorce or custody case.  The following are some examples of the changes made:

  1. The law eliminates any consideration of the wishes of the child’s parent or parents as to custody.
  2. The fact that one, both, or neither parent has provided primary care for the child is no longer considered.
  3. The factor that permits the court to consider the wishes of the child has been modified to only require the court to consider the child’s wishes if that child is of suitable age and maturity.
  4. The law adds a requirement that the court must consider the past, present and potential future relationship between the parent and child.
  5. Where the law previously required the court to consider which parent would be more likely to provide frequent, meaningful continuing contact with the other parent, the new law seems to divide these into three separate factors, instead of two.  So, the court will consider which parent is more likely to provide 1) frequent, 2) meaningful, and 3) continuing contact with the other parent.

The law also includes the following new provisions:

  1. The court may consider whether one parent intentionally misled the court to cause unnecessary delay, increase the cost of litigation or to persuade the court to give them parenting time or custody or to deny the other parent parenting time or custody.
  2. The court shall not consider either the parent or child’s gender when approving a parenting plan.
  3. The court shall consider the past, present and future abilities of the parents to cooperate in decision-making about the child as set forth in the orders for joint legal decision-making.

The foregoing are just some of the changes made to the Arizona laws on custody and legal decision-making.  If you have questions regarding a Phoenix, Glendale or Anthem divorce or child custody case contact Scott Law Offices for your free consultation.