by John Schill | Feb 19, 2018 | Child Support, Custody, Divorce, Legal Seperation, Parenting
Divorce is extremely stressful, and things only get more complicated when there are children involved. For children, divorce can be confusing and scary. As a parent, it’s your job to make sure that as you and your spouse transition into a life separate from one another, your sons and daughters are able to make that transition as smoothly as possible. Here’s a look at a few tips for minimizing the amount of stress and anxiety placed on your children during the divorce process.
Hire an Attorney
The first step to keeping your divorce simple and stress-free for your kids is to hire a divorce attorney right from the get-go. Schill Law Group has worked with countless individuals and families going through the divorce process and understands what it takes to create a safe and nurturing environment for children after their parents have separated. Our team can work with you to come to an agreement with your ex with regards to legal custody of the children, living arrangements, child support, visitation schedules, and more. Having an attorney work with you on these types of arrangements is a critical part of keeping things civil between you and your former spouse so that your children can transition into this new way of life without fear and anxiety. Working with legal representation helps to remove much of the emotional turmoil and drama so that you can focus on what’s truly best for the kids.
Establish Paternity
When a child is born, there’s no question of who the mother is. Even in committed, long-term marriages, though, paternity can come into question. Without legally establishing paternity, a father may find himself stripped of his parental rights. Conversely, without the legal establishment of paternity, a mother may be forced to grant visitation to a man who is not legally the father of her child. It’s a good idea to go through all of the proper channels and legally establish paternity in order to guarantee that no problems arise as the result of your failure to do so.
Obey Court Orders
Once the court makes a ruling about custody, visitation (or “parenting time”), and/or child support, you must comply with this ruling. Even if you disagree with the decision that was initially made, you should never violate a court order as this can lead to much more trouble. Trying to keep your kids longer than the allotted visitation period, for example, could result in a kidnapping charge or you could be held in contempt of court. This is very traumatic for your children and could result in your inability to spend any time with them at all. Failure to pay child support in full and on time, too, is a huge mistake. You may believe that the amount is unreasonable, but that doesn’t mean that you can make the decision not to pay. This is harmful to your children and could lead to penalties. It’s imperative that you always go through the court and petition for changes to be made to the ruling instead of doing whatever you believe is right and fair.
Work Together
Wherever possible, it’s always in the best interest of you and your children to work to cooperate with your ex and keep communications open at all times. Your relationship with your ex will impact your children whether you realize it or not, so try to work together and keep things civil. Trust us – though it may be difficult with some couples, we urge you to grin and bear it for everyone involved.
If you’re going through a divorce with children, you absolutely need someone on your side. The Schill Law Group is experienced in this area and is ready to help you today. Reach out to us for a free case evaluation.
by John Schill | Feb 12, 2018 | Blog, Criminal Charges, Drugs, Felony, Medical Marijuana, Possession of an Illegal Substance
The New Arizona Laws Regarding Marijuana
Arizona laws pertaining to marijuana are changing. The results of the most recent election made big changes to the laws concerning growing medical marijuana and marijuana usage in general.
Keeping up with the new laws is essential if you’re planning to use marijuana more moving forward or perhaps considering growing your own plants at home. We’ll be discussing the most notable changes here.
Stay on top of the new marijuana laws to steer clear of trouble while simultaneously exploring the new opportunities available to you.
The Passage of Proposition 207 and Its Impact on Arizona’s Marijuana Laws
Residents of Arizona voted on changes to marijuana laws in the most recent general election. They were given the chance to do that by either voting “yes” or “no” to Proposition 207.
After tabulating the results, Arizona officially certified the passage of Proposition 207. The passage of Proposition 207 brings sweeping changes to the laws that were previously on the books.
Generally speaking, the laws regarding the usage and cultivation of marijuana have eased significantly. Let’s discuss those changes in greater detail below.
Who Can Use Marijuana in the State of Arizona?
The passage of Proposition 207 means that more Arizona residents are now eligible to use marijuana in the state. Previously, only individuals who had an Arizona medical cannabis card could use marijuana.
The new laws now expand that to include all adults over the age of twenty-one. Notably, those under the age of twenty-one still need to be medically qualified before they can purchase or use marijuana.
Adults over the age of twenty-one can purchase no more than one ounce of marijuana at a time. For medical marijuana users, the limit is no more than 2.5 ounces purchased throughout fourteen days.
Are There Restrictions on Adult Marijuana Usage?
While the state of Arizona is now more accommodating to marijuana users, there are still certain restrictions in place designed to protect public safety.
For example, residents are still not allowed to drive after using marijuana. That could be a DUI violation, and you could find yourself in serious trouble if you ignore that rule.
Users are also not allowed to smoke marijuana in public. Stay at home if you wish to partake in marijuana usage.
Marijuana Cultivation for Adults
The laws governing the growing of marijuana have changed quite a bit thanks to the passage of Proposition 207. Adults over the age of twenty-one now have more freedom in that regard.
Per the new laws, adults over the age of twenty-one can grow their own marijuana plants. An adult is limited to growing no more than six marijuana plants inside their home. If two or more eligible adults are living in your home, you can grow twelve marijuana plants but no more than that.
Another important thing to note here is that you must choose an appropriate place to grow the marijuana plants before proceeding with cultivation. You cannot grow the plants anywhere.
Cultivators must grow the marijuana plants inside an enclosed space such as a room or closet that is adequately secured. The growing space for marijuana plants must not be accessible to any minors.
Medical Marijuana Cultivation
Medical marijuana patients and caregivers can grow marijuana plants at home if they live a certain distance away from the dispensary. More specifically, medical marijuana patients and caregivers can grow their plants if they live 25 miles or more away from a dispensary.
Individuals cultivating marijuana for medical use can grow up to twelve plants.
Can You Sell the Marijuana Plants You’re Growing at Home?
The state of Arizona still does not allow individuals to sell marijuana plants they grow at home. You cannot pick up a plant and sell it to a friend whenever you like. Doing so could lead to you being charged with a crime and receiving penalties.
If you are interested in selling marijuana, you need to register as a marijuana establishment first.
What Is a Marijuana Establishment?
A marijuana establishment is an entity recognized by the state of Arizona as a retail location that can legally sell and cultivate marijuana. To be more specific, the licensee present at that establishment is permitted to sell marijuana and other marijuana products to adults over the age of twenty-one.
Individuals who want to become licensees for marijuana establishments can get to work now on preparing their applications. Early applications for marijuana establishments will be accepted from Jan. 19, 2021, up to March 9 of the same year.
Interested licensees must meet certain criteria.
The prospective licensee must first be looking to get established in a county currently being served by fewer than two non-profit medical marijuana dispensaries.
Non-profit medical marijuana dispensaries can also apply to become a marijuana establishment. To get their application granted, the dispensary must be registered and have no outstanding issues with the Arizona Department of Health Services.
What Happens if a Non-Profit Medical Marijuana Dispensary Is Allowed to Operate as a Marijuana Establishment?
We noted above that non-profit medical marijuana dispensaries can also apply to operate as marijuana establishments. What exactly will applying for that additional designation mean?
Upon being granted a license to operate as a marijuana establishment, a medical marijuana dispensary will be allowed to cater to more people. The establishment can continue to provide marijuana to qualified patients. At the same time, the establishment will also be allowed to sell marijuana to adults over the legal age.
Can Marijuana Usage Affect an Individual’s Employment Status?
Whether or not you will be allowed to use marijuana at your workplace will depend on your employer. Employers are still allowed by law to keep marijuana out of their offices, and you will need to comply as an employee.
It is worth noting that qualified medical marijuana users can be an exception to that rule. Talk to a lawyer if you wish to learn more about potential medical marijuana usage in the workplace.
Proposition 207 is easing the restrictions the state of Arizona used to have on marijuana usage and cultivation. Hopefully, you are now more aware of what you can legally do with regards to marijuana.
If you believe that you are being wrongfully accused of committing a crime involving marijuana, contact us at the Schill Law Group right away. We’ll prove your innocence and get you fair compensation for being subjected to that ordeal needlessly.
If you or a loved one have been charged with illegally growing marijuana plants, The Schill Law Group is here to help you fight your case. Reach out to one of our legal professionals for a free case evaluation today.
by John Schill | Feb 5, 2018 | Blog, Child custody, Custody, Parenting, Paternity
Fatherhood is a huge deal. As a dad, it’s your job to provide for your child financially, to look out for your child’s physical and emotional well-being, and to take part in making important decisions in your child’s life. Whether or not you and the child’s biological mother are in a relationship at the time of birth, it’s very important that you take measures to establish paternity in Arizona. Today’s post will highlight who should be concerned with establishing paternity, why it’s such a critical step, and how to go about doing it.
Understanding Paternity in Arizona
The team at Schill Law Group firmly believes that taking the time to establish paternity in Arizona can work to the benefit of both yourself (the biological father) and the child. Paternity is viewed by the state as a means of creating “legal, emotional, social, and economic ties” between you and your kids. Establishing paternity (usually through genetic DNA testing) means that you are fully recognized as being the father of a given child and ensured that your parental rights to legally make decisions for your kids and enjoy “parenting time” will be protected as the child grows up.
In addition to allowing a father and child to have a positive relationship, establishing paternity is also a necessary part of conferring certain rights upon the child from the father. These rights may include (but are not limited to):
- Inheritances
- Medical/life insurance benefits
- Veterans benefits
- Social Security benefits
- Access to information about paternal medical history
Who Should Be Interested in Establishing Paternity in Arizona?
Any father who is interested in protecting his parental rights to his children should be interested in taking the necessary steps to establish paternity in Arizona. Even fathers who do not wish to play an active role in raising their children should consider establishing paternity. This is because you will be required to pay child support, it’s in your best interest to make absolutely certain that the child is, indeed, your own.
In some instances, mothers may find that the father of their child does not wish to claim the child as his own. This can create complications in collecting the needed child support. A mother may wish to take steps to have paternity established through the Arizona court system in order to protect her child and her rights and to ensure that the child’s financial needs are met.
How is Paternity Determined in Arizona?
Paternity may be established through either a voluntary or court-ordered DNA genetic test. In order for a paternity test to be legally recognized, paternity must be established through the courts. This means that it’s often best to work with an attorney who has experience in these matters so that everything is done correctly. A legal expert can also be extremely helpful in cases where the father does not wish to submit to a paternity test and needs to be legally served and court-ordered to do so. A seasoned and knowledgeable lawyer can make the process much simpler and less stressful.
Once paternity has been officially established in Arizona, it will be recognized nationwide. This will ensure that both you and your child’s needs and rights will be protected – regardless of whether or not the child relocates to another U.S. state.
Establishing paternity in Arizona is relatively straightforward, but it’s always best to leave these matters to those with experience. The Schill Law Group has worked with many families in cases involving paternity establishment and can help you navigate the process as smoothly and seamlessly as possible. Reach out to us to learn more today.
by John Schill | Jan 22, 2018 | Alimony, Blog, Divorce, Legal Seperation, Tax Reform
Defending the People of Arizona
With more than 100 Years of combined experience
How Could the New Tax Reform Bill Impact Alimony Deductions?
All Americans will be impacted by the new tax reform bill in one way or another. For those who are going through the divorce process, however, the bill could make its mark in the immediate future. We’ve been keeping our eye on the Tax Cuts and Job Act and the ways in which it has promised to play a role in spousal support awards in 2018 and into the future.
Arizona Spousal Support 101
Frequently referred to as “alimony,” spousal support is sometimes awarded to one spouse in a divorce by an Arizona judge. This typically happens when one spouse has been the primary “bread winner” for the family throughout the years while the other spouse has taken time away from work to raise the family or care for the home. Here, a judge will order the spouse with a higher income to make support payments to the other party for a limited period of time, thus encouraging him or her to become financially independent. In other instances, spousal support may be ordered for a longer period of time, such as in situations where one spouse is disabled or unable to work.
The amount of spousal support awarded by an Arizona judge will depend on a number of different factors. A judge will consider the income of both spouses, the education and work experience of the spouse who will be awarded spousal support, the length of the marriage, etc. Ultimately, the intent of spousal support is to ease the process of transitioning into a new post-divorce life. Schill Law Group has worked on a number of Arizona spousal support cases and has pushed for fair and reasonable judgments that allow for a smoother divorce or separation.
Tax Laws and Arizona Spousal Support
Traditionally, the spouse who has been ordered to pay spousal support has received some benefit for doing so. This benefit has come in the form of tax deductions. While the paying spouse is entitled to a tax deduction on annual income tax forms, the receiving spouse is required by law to claim it as income and pay taxes on it. Unfortunately, the IRS has reported that there have been many problems with this system. In fact, the IRS claims billions of dollars worth of discrepancies between the amount of money that payees are claiming as alimony deceptions versus the amount of money that recipients are claiming as income and paying taxes on.
The New Tax Reform Bill and Arizona Spousal Support
The new tax reform bill has made an effort to correct these disparities by completely axing the alimony deduction from income taxes beyond 2017. While the idea is to help the national economy and the IRS, many Arizonans – and people throughout the country – have concerns about what the implications may be for divorces in 2018 and beyond. Critics are worried that both payers and recipients of spousal support may be negatively impacted. Obviously, those ordered to pay spousal support will no longer be able to enjoy the tax break each year, thus causing them to lose more money to the government. On the flip side, critics say that recipients may receive less spousal support because the payers will be giving more of their money to Uncle Sam.
Because the tax reform bill will only impact those getting divorced after January 1, 2018, we will only start to see the true implications of the law on spousal support cases in the weeks and months ahead. Regardless of what happens, you can count on the fact that Schill Law Group has what it takes to fight for your best interests and for what’s fair. Give us a call for a free case consultation to get started today.
