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The Whys and Hows of Establishing Paternity in Arizona

by | Feb 5, 2018 | Child custody, Custody, Parenting, Paternity

Defending the People of Arizona

With more than 100 Years of combined experience

The Whys and Hows of Establishing Paternity in Arizona

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.

What to Expect After a DUI Arrest

by | Jan 29, 2018 | DUI, Felony, Underage DUI

Defending the People of Arizona

With more than 100 Years of combined experience

What to Expect After a DUI Arrest

Driving under the influence of alcohol or drugs is no laughing matter – especially in the state of Arizona. With some of the strictest DUI laws in the nation, Arizona is notorious for stopping and arresting impaired drivers. So, what happens when these drivers are pulled over and detained by the police? What about after the arrested driver is released from jail? How long does the DUI process take? Read on to learn everything you need to know about what to expect after a DUI arrest.

The Arrest

If an Arizona police officer believes that your driving is impaired by alcohol (regardless of your BAC) or other substances, he or she will likely place you under arrest. At this time, you will typically be handcuffed and placed in the backseat of their police car. This step is usually taken as a means of preventing you from forcing yourself to vomit before taking a breathalyzer/ blood test.

Questioning

After the arrest, you may be escorted to a local precinct or to a mobile DUI van. At this time, you will probably be asked many questions by the police. You have the right to remain silent or to request an attorney. It’s in your best interest to not answer any questions that may incriminate you. Beyond giving the police your driver’s license, vehicle registration, and insurance info, you are not legally obligated to disclose any further information.

Breathalyzer/Blood Testing

Next, you will be asked to submit to a breathalyzer or blood test. Any results from this type of testing could be used as evidence against you in the Arizona court system. Should you refuse testing, however, you will receive an automatic driver’s license suspension for a period of one year.

Jail

Depending on the circumstances surrounding your arrest, you may be released into the care of a sober friend, relative, or cab driver, or you may be booked into jail. Generally speaking, you will be booked into jail in situations where you have an outstanding warrant for your arrest, you failed to provide identification, if you are aggressive with the police officer, or if there are other aggravating conditions.

Court Appearance

Regardless of whether you were released or booked into jail, you will be issued a citation and a court date. After investigating your BAC results, arrest circumstances, and criminal history, a prosecutor will decide whether to charge you with a misdemeanor or felony DUI. Misdemeanors are usually handled by a city court, whereas felony DUIs are handled in superior court.

Having an experienced attorney like ours at the Schill Law Group represent you in the courtroom can help your case significantly. Hiring legal representation shows that you are taking your DUI arrest seriously and are willing to do what it takes to make amends. It is highly advisable that you never appear in court without a lawyer.

Sentencing

Finally, a judge will issue your sentencing. Depending on the circumstances of your arrest, you could face a number of consequences ranging from DUI education, loss of your license, ignition interlock systems, fines, community service, and jail time. Your lawyer will best be able to evaluate the conditions surrounding your DUI and provide you with the most accurate information on what to expect.

Have you or a loved one been arrested for a DUI in Arizona? There’s no need for you to go it alone during this difficult time. The Schill Law Group has years of experience with DUI cases and we are here to walk you through the process and fight to secure the best outcome. Call our office to schedule a free case consultation today.

How Could the New Tax Reform Bill Impact Alimony Deductions?

by | Jan 22, 2018 | Alimony, 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.

FAQ on Child Support Delinquency in Arizona

by | 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.

5 Steps to Take After Experiencing Domestic Violence

by | Jan 8, 2018 | Domestic Violence

Defending the People of Arizona

With more than 100 Years of combined experience

5 Steps to Take After Experiencing 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.

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