While some couples are putting off divorce because they can’t afford it, the situation is different for moneyed clients. Since their assets are worth less, a lot of monied spouses believe the time is ripe to divorce because they will have to give less to the other spouse. This may be especially true where the more financially empowered spouse wants to keep the marital residence and their 401(k) and other retirement plans.
Arizona Divorce Law
Divorce Laws in Arizona According to Arizona divorce laws, you do not need to prove grounds in order to receive dissolution of marriage. The court will grant a petition on the grounds that there has been an irretrievable breakdown of the marriage. This is referred to as a no-fault divorce. Additionally, both of the spouses must have been a resident in the state of Arizona for 90 days prior to the filing of the petition of divorce in AZ. Arizona is known as a community property state, which can be defined as any asset acquired or income earned by a married person while living with his or her spouse. According to the divorce laws in Arizona this means that the marital property must be divided fairly or equitably and without regard to marital fault. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse. Alimony can be awarded to either the husband or wife. Such factors as the length of the marriage, the parties’ prior living standard, etc. are considered in determining the amount and duration that should be paid and which is considered just. Marital fault may not be taken into account in this decision. Arizona Child Support, Child Visitation and Child Custody The main focus in determining child custody, according to Colorado divorce law, is the best interest of the children. However, under AZ divorce laws, the parents may submit a parenting plan with the request for joint custody. Visitation rights within reason are typically awarded to the non custodial parent. Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Income Shares model, based on the gross income of both parents as set forth by divorce law in Arizona. Expect to pay child support until the age of 18 or until the child is a high school graduate.
Alimony & Community Property in Arizona
NEW YORK (CNN) -- Nonnie Dotson, a nurse in the U.S. Air Force, was decompressing from a hard-fought child support battle when she disappeared hundreds of miles from her home base.
Dotson, 33, was staying with her brother at his home outside Denver, Colorado, when she vanished on November 19, 2006. She was supposed to meet friends at the mall for a smoothie.
She never showed.
A paternity action, a court suit filed to have a man declared the father of a child, can be brought by either the mother or the father. Paternity actions are sometimes called establishment hearings, filiation hearings, or parentage actions.
Continue Reading...You and your child's other parent may agree to modify the child support terms, but even an agreed-upon modification for child support must be approved by a judge to be legally enforceable.
Continue Reading...n most states, the judge can examine a parent's ability to earn as well as what the parent is actually earning. The judge may order higher child support if there is a discrepancy. Actual earnings are an important factor in determining a person's ability to earn, but they are not conclusive where there is evidence that a person could earn more, if he or she chose to do so.
Continue Reading...A court looks at the payer's gross income from all sources, less any mandatory deductions (income taxes, Social Security, health care, and mandatory union dues). The result is the payer's net income.
Continue Reading...In order to qualify as child support, the payments received by an ex-spouse must be designated as child support in the divorce or separation agreement. If the agreement lumps the payments together as "family support" or "alimony," or doesn't otherwise designate a specific portion of each payment as child support, none of the payment will be considered child support for tax purposes.
Continue Reading...A COLA clause in a child support order means that payments are to increase annually at a rate equal to the annual cost of living increase, as determined by an economic indicator (such as the Consumer Price Index). Some judges include COLAs in their orders when setting child support. This eliminates the need for any modification requests based solely on cost of living increases.
QUESTION:
A bankruptcy court just notified me that my ex-husband is filing for Chapter 7. I am one of his creditors, because: a) he owes back child support, including for medical bills, b) he's not paying current child support, and c) when we divorced, he was ordered to pay me $2,700 to equally divide our property. Will he be able to wiggle out of these debts? The court notice said I should speak with a lawyer, but I can't afford one.
Continue Reading...Biological parents and adoptive parents must support a child until:
The question "Who is the father?" is not as simple a question as you might think. There are important legal distinctions between different situatio
Acknowledged Father
An acknowledged father is any biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. An acknowledged father must pay child support.ns relating to paternity.
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