by John Schill | Jan 15, 2018 | Child Support, Divorce, Parenting
FAMILY ATTORNEYS
With more than 100 Years of combined experience
Child Support Attorneys
Although every divorce is different, many Arizona divorces that involve children result in one parent being ordered to pay child support to the other parent. A judge will consider the income of both parents, the household in which the child or children will spend the majority of their time, the number of children in question, and other factors before determining how much the paying spouse will need to send to the other on a monthly basis. Child support payments can be altered or adjusted over time as income changes, but whatever the ordered amount may be, the paying parent is required by law to make the payment in full and on time.
Despite the fact that the Arizona court system takes child support very seriously, Schill Law Group continues to see many instances of delinquent payments. For one reason or another, the paying parent may fail to pay the correct amount of child support, make late payments, or fail to make payments at all. What can be done about this? Understanding the repercussions of shirking child support obligations is an important part of protecting yourself and your family.
Reasons for Child Support Delinquency in Arizona
Throughout the years, Schill Law Group has witnessed many different child support delinquency cases. In each situation, the delinquent parent has a reason for why he or she failed to make the required child support payments in a timely manner. Some of the explanations for child support delinquency include:
- Loss of a job
- Reduction of income
- Changes to or loss of medical insurance coverage
- Injury or disability of the parent
- Changes in childcare costs
- Incarceration
- Arguments or misunderstandings between parents
Even in situations where there is a legitimate reason why the paying parent may have fallen behind on child support (such as the loss of a job), the paying parent is still held accountable by the Arizona courts. An individual cannot simply make the decision to stop making payments or reduce the amount being paid without going through the court. Proper steps must be followed in order to adjust the amount of child support. Attempting to take matters into your own hands can lead to serious consequences.
Consequences for Child Support Delinquency in Arizona
As soon as the paying parent becomes delinquent on a child support payment, the other parent has the right to seek legal representation and go to the courts to enforce the child support order. In some cases, the Arizona Department of Child Support Services will become involved and will take steps to garnish the paying parent’s wages, seize assets, revoke his or her driver license, or put a lien on his or her property. In addition to this, an Arizona judge may hold the paying parent in contempt of court and can issue a warrant for his or her arrest. The paying parent may then receive jail time for the delinquent child support payment, and could also be subject to additional fines.
Legal Action for Child Support Delinquency in Arizona
Regardless of whether your child’s parent has become delinquent on child support payments, or if you yourself have fallen behind on making court-ordered child support payments, it’s important to seek legal representation immediately. Arizona courts take child support seriously, and specific steps can and should be taken in order to ensure that the best interests of the child or children in question are met. The Schill Law Group has the experience required to help navigate the situation in a way that will allow for the best and fairest outcome for all parties involved.
Do you require legal assistance with your child support delinquency case? Don’t hesitate to reach out to the team at Schill Law Group. Call us to schedule a free case evaluation today.
by John Schill | Jan 8, 2018 | Blog, Domestic Violence
Sadly, domestic violence continues to be a problem in Arizona. Domestic violence occurs whenever any form of abuse or violence is committed by one family or “household” member against another. This may also extend to relationships where the abuser and the victim don’t live together currently but have previously resided together, have had a child together, or are currently in a sexual or romantic relationship with one another. Regardless of the circumstances, however, if you believe you are a victim of domestic violence, it is imperative that you take action immediately. Here are five important steps to take after experiencing domestic violence:
Step 1 – Leave Quietly
In any situation where you feel the threat of domestic abuse or have experienced domestic abuse, it is crucial that you remove yourself from the situation as quickly as possible. If you have children with you, you will also need to remove them from the home. This step should be taken as swiftly and quietly as you can. Never alert your abuser to the fact that you are planning to leave. In the experience of the team at Schill Law Group, most abusers will try to prevent you from exiting the situation or from taking your children away from the scene if they are given an opportunity to do so. This means that you should not verbally tell your abuser that you plan to leave, you should not write a note, and you should not post your plans to social media.
Step 2 – Contact the Authorities
As soon as you are safely away from the domestic violence situation, you need to contact your local Arizona law enforcement agency. The police can respond to your abuser in the appropriate manner in order to ensure that the safety of you, your children, or any other victims will not be compromised going forward.
Step 3 – Seek Legal Representation
After the police have been notified of the domestic violence event and have responded, you will need to enlist the help of an experienced domestic violence attorney. Make sure that the attorney you choose has worked on Arizona domestic violence cases in the past and understands the ins and outs of Arizona law. The legal team should also be able to help you secure any necessary restraining orders or to help you with cases pertaining to child visitation and custody after domestic violence.
Step 4 – Document Everything
In order to achieve a favorable outcome in court, you will need to document everything after domestic violence occurs. By the time you see a judge, any physical evidence of physical abuse will have diminished, so it’s in your best interest to take photos and/or videos of any injuries you have sustained. A written or recorded verbal documentation of what happened can also help keep your memory fresh and clear in court. This will also assist your attorney in building the best case for you.
Step 5 – Seek Therapy
Domestic violence can take a serious toll on your mental and emotional well-being. It’s a good idea to see a licensed therapist or to join a domestic violence support group after being victimized by domestic violence or abuse. Taking care of yourself in this way is a crucial part of long-term healing.
The state of Arizona takes domestic violence crimes very seriously. The Schill Law Group has years of experience in working on domestic violence cases and can help you through this difficult time. Don’t wait to get the assistance you need. Reach out to our offices to schedule a free and confidential case evaluation today.
by John Schill | Jan 2, 2018 | Blog, Domestic Violence
The term “domestic violence” has gotten quite a bit of hype in recent years. Several high profile abuse cases have turned the public attention to these types of crimes. Despite all of the press, however, it’s important to be mindful of the fact that domestic violence is a serious criminal charge with very real criminal and civil consequences. As such, it’s important to understand what domestic violence actually entails. Today’s post will explore what is required under Arizona law for an act of violence to be deemed “domestic,” as well as the potential ramifications.
Domestic Violence Defined
Different states may have slightly different interpretations of what domestic violence actually is. Here in the state of Arizona, the definition of domestic violence is laid out in Arizona Revised Statutes 13-3601. Here, the law determines that domestic violence is any type of criminal act involving violence (or the threat of violence) against a family member, a significant other, or, in certain situations, an acquaintance. Schill Law Group has worked with many clients who were unfortunately dragged into domestic violence cases because of the nature of their relationships with the people they know. The following list outlines the scenarios in which domestic violence charges can be applied:
- The parties involved are married, were formally married, reside in the same household currently, or formerly resided in the same household.
- The accused and the alleged victim have a mutual child.
- The alleged victim is carrying the child of the accused.
- The alleged victim and the accused are related either by blood or by law.
- The accused resides in the same home as a minor victim and is either related by blood, by law, or by a prior spouse.
- The parties involved are involved either romantically or sexually.
In addition to this list, there are other circumstances which may move a court to treat the case as domestic violence. Here, a court will take certain factors into consideration, such as:
- The nature of the relationship between both parties.
- The length of the relationship between the victim and the accused.
- The frequency with which the victim and the accused interacted.
- Whether or not the relationship is ongoing or has been terminated. If terminated, the court will consider how much time has passed since the termination.
Because the breadth of the definition of domestic violence is so extensive, these cases can quickly become quite complicated. Domestic violence is a serious charge, and those who have been accused can find themselves in situations where they will face severe penalties because of a technicality. Consequently, it’s of the utmost importance that you seek legal representation immediately if you are ever accused of domestic violence.
Domestic Violence in Arizona: Felony vs Misdemeanor
In Arizona, a domestic violence case may be treated as a misdemeanor or felony, depending on the circumstances surrounding the offense. ARS 13-3601 shows that domestic violence can include 29 different types of offenses, ranging from negligent homicide to adult abuse. While a domestic offense involving related endangerment could result in a class 1 misdemeanor, for instance, a domestic violence case involving related disorderly conduct with a weapon could be classed as a felony. Once again, it’s very important that you have a skilled attorney on your team who understands the different types of charges involved with domestic violence cases and who can fight on your behalf.
Throughout the years, the Schill Law Group has worked hard to defend countless Arizonans who have been accused of domestic violence offenses. We understand the ins and outs of Arizona law and have what it takes to build the best case for you. Please give us a call right away for a free case evaluation and to start building your defense today.
by John Schill | Jan 1, 2018 | Divorce
Defending the People of Arizona
With more than 100 Years of combined experience
How Long Does a Divorce Take in AZ?
Going through a divorce is a very stressful ordeal. As a result, most people want to find a way to get through the process as quickly as possible. We are commonly asked how long it will take for a divorce to be completed in the state of Arizona. This, of course, depends on several factors. In addition to the state-mandated “cooling off” period, a divorce timeline can vary based upon how quickly you and your spouse can come to an agreement and how you decide to file and respond to a petition for divorce. Read on for more details.
Arizona “Cooling Off” Period
Many states have a designated “cooling off” period that goes into effect after a divorce has been filed. In Arizona, this period lasts for 60 days following the serving of divorce paperwork by the Petitioner to the person’s spouse. This timeframe allows the Petitioner (the spouse who originally filed for divorce) to think about the action of divorce and determine that this is the right course of action for the relationship, and it also allows the Respondent (the other spouse) the opportunity to file a response to the petition for divorce. The Respondent then has a period of 20 days after the petition has been filed to respond. If no response has come after this 20-day period, the Petitioner can make a request to move into a default divorce, thus giving the respondent 10 additional days to file his or her response. If no response is received after this time, the divorce may be granted to the Petitioner, meeting all conditions and circumstances outlined in the submitted divorce paperwork. Because of this short window of time, it is very important to have an experienced attorney from Schill Law Group working with you to ensure that everything is handled correctly and in a timely manner.
Uncontested Divorces in Arizona
In order for an Arizona divorce to be completed in such a short window of time, the divorce will most likely need to be uncontested. The State Bar of Arizona states that the majority of all Arizona divorces (90 percent) are not contested. This means that neither party is opposed to the divorce and that the divorce can likely be wrapped up shortly after the required 60-day waiting period. Typically, an uncontested divorce will take 3-4 months to resolve entirely, but this can vary depending on factors involving the marriage union and the family.
Contested Divorces in Arizona
Contested divorces will almost certainly take longer than the 3-4 months range that is typical of an uncontested divorce. In fact, in cases where the spouses absolutely cannot come to an agreement on the specific terms of their impending divorce, they will need to end up going to court. This can add another 6-9 months onto the overall duration of the divorce.
Regardless of whether your divorce is granted by default, is uncontested, or is contested, it’s always in your best interest to hire an attorney to represent your interests throughout the proceedings. Even the seemingly simplest divorces can become complex or lengthy if paperwork is filled out or filed incorrectly, or if one partner begins to get emotional throughout the process. No matter how emotionally stable you may feel that you and your spouse are at the beginning of the divorce process, it’s wise to understand that these proceedings can be difficult and taxing and that it’s important to have someone objective on your side.
The Schill Law Group has helped countless Arizonans through the sensitive divorce process and has achieved favorable outcomes for its clients. Let us help you during this difficult time. Give us a call for a free case consultation today.
by John Schill | Dec 25, 2017 | Blog, Domestic Violence
Defending the People of Arizona
With more than 100 Years of combined experience
Falsely Accused of Domestic Violence? Here’s What to Do
A domestic violence charge is not to be taken lightly. Whether the case is being treated as a misdemeanor or a felony offense, those accused of domestic violence could face serious consequences, including jail times, hefty fines, domestic violence classes, community service, a loss of certain rights and privileges, and a criminal record. Being falsely accused of domestic violence, though, can be a living nightmare. If you’ve been accused of domestic violence and you are innocent of the claims, the time to act is now.
Why Are People Falsely Accused of Domestic Violence?
Although it’s unfortunate, it’s not that uncommon for Arizona residents to be forced to defend themselves against false accusations of domestic violence. There are a number of reasons why an accuser might take on the victim role and falsely accuse someone. Throughout the years, the attorneys at Schill Law Group have seen it all. One of the most common reasons why this happens is that an ex-spouse or partner is using these malicious claims as an attempt to gain the upper hand in a divorce and/or child custody case. The ex could be hoping to gain more financially from a divorce settlement or to gain sole custody of your child in an act of vengeance. In other instances, a jealous or vengeful ex might be using domestic violence claims as a means of “getting even” after a nasty breakup. Also, any family members or individuals living with you could attempt to use a false domestic violence claim as a means of getting back at you for a quarrel, or as a means of obtaining financial gains.
What Types of False Domestic Violence Allegations May Be Made?
In addition to there being a number of reasons why an individual might be motivated to make false claims of domestic abuse, there are many ways in which a “victim” may present their case. This is important because, depending on what the accuser is insinuating, you as the accused could be charged with either a misdemeanor or felony. While the threat of violence without the presence of a weapon could result in a misdemeanor case, for instance, should your accuser state that you threatened their life with a weapon, you could be hit with a felony charge. If it is insinuated that sexual violence occurred, or that violence against a child took place, you could face harsher penalties than in other scenarios.
How Can a Defense Be Built for a False Domestic Violence Case?
Being falsely accused of a crime can feel pretty lonely and very hopeless. You may feel like no one believes that you are innocent and that there’s no way to prove that your accuser is being dishonest. This is why it’s so important to immediately secure the help of an experienced criminal defense attorney like the team at Schill Law Group. We are able to take a look at your case thoroughly and objectively to determine the underlying motives behind your accuser’s false claims of domestic violence. Understanding these motives and looking at the accusations from all angles can help us prove to a jury that your accuser is not being truthful, and why they are behaving in this manner. By painting this type of picture for a judge or jury, we are able to gain the sympathy and trust of your peers and make the best case in your defense.
If you or someone you love has been falsely accused of domestic violence, you should never wait to take legal action. The sooner you can secure legal representation, the better your chances of fighting the case and protecting yourself. Contact the team at Schill Law Group to get started today.
