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9 Common Factors of Divorce in Arizona, from Start to Finish

9 Common Factors of Divorce in Arizona, from Start to Finish

by | Jul 20, 2020 | Alimony, Child custody, Child Support, Divorce, Legal Seperation, Parenting, Visitation

Defending the People of Arizona

With more than 100 Years of combined experience

9 Common Factors of Divorce in Arizona, from Start to Finish

Many people who decide to divorce have never been in court and are unfamiliar with what to expect. If you want to end your marriage, you will have to go through the divorce process. While there are certain exceptions through which you might be able to get an annulment, most people will need to go through the divorce process to terminate their marriages.

In Arizona, this process is called a dissolution. When you go through the dissolution process, you will need to make decisions about many different issues, including community property, debt and asset division, spousal maintenance, child custody and visitation, and child support. By understanding the divorce process, you might be able to anticipate what to expect.

The attorneys at the Schill Law Group can help to guide you throughout the process and demystify it for you. Here is an overview of the stages of a divorce from its beginning to the end.

1. Filing the Petition for Dissolution

The first step to take when you want to get a divorce is to file the petition for dissolution. Under A.R.S. § 25-311, people must make sure to file their petitions for dissolution with the court that has jurisdiction to hear the matter.

Under A.R.S. § 25-312, one or both of the parties must have been domiciled or serving in the military in Arizona for at least 90 days at the time that the petition is filed. Your petition will be filed along with a summons and other documents, including a preliminary injunction, request for temporary orders, and others that apply to your situation. In your petition, you will list what you are requesting about property division, spousal maintenance, child custody and visitation, child support, and attorney’s fees and costs.

2. Service of Process and the Response

After your petition and other documents are filed, the court will issue a notice and summons to respond. You must serve copies of the petition, the summons, and any other legal documents that you have filed in the case of your spouse. You will be called the petitioner, and your spouse will be called the respondent. You can hire a private process server or use the sheriff’s department to serve your spouse.

However, if you can get your spouse to agree to waive service of the documents, he or she can sign a waiver that can be filed with the court. Once your spouse has been properly served with notice of your divorce, he or she will have time to file the response. If your spouse lives in Arizona, he or she will have to respond to your petition within 20 days of when he or she was served. If your spouse lives out of the state, he or she will have 30 days to file his or her response. Under Arizona law, the only defense to a petition for dissolution in a regular divorce is that the marriage is not irretrievably broken under A.R.S. § 25-314. If your spouse fails to respond to the petition after being properly served, the court can grant a default divorce decree after 60 days from the date of service.

3. Temporary Orders

In some cases, people will file requests for temporary orders or preliminary injunctions at the time that they file petitions for divorce under A.R.S. § 25-315. Either party can ask for temporary orders, including the respondents. These orders establish the rules for how different things will be handled while the divorce is still pending.

For example, you might ask for temporary orders for child custody and visitation, child support, who will remain in the house, who will be responsible for paying the bills, and spousal maintenance. A preliminary injunction might be issued by the court to restrain both you and your spouse from spoliating or disposing of the property before the divorce is completed.

It can take a few months before temporary orders are issued. If there is an emergency, a spouse can request emergency temporary orders that can be heard much faster.

4. The Discovery Process

Once the petition and response have been filed, the divorce case will move into the discovery phase. Both you and your spouse are entitled to receive information from each other about your assets and other relevant factors about your case.

The process for obtaining the needed information is called discovery. It can be a straightforward process in some cases. In others, it can be time-consuming and expensive. In most cases, the size and value of your estate and the length of your marriage can impact how much discovery is necessary.

The discovery phase might involve several procedures. Your lawyer will submit and receive information for you, but you will also need to provide input. Interrogatories are written lists of questions that you can send to your spouse. Your spouse can also send interrogatories to you. If you receive interrogatories, you must respond with written answers within a set period.

If you need certain documents that have not been provided to you, your attorney can file a request for the production of documents to secure them. Either you or your spouse can schedule a deposition. This is an out-of-court proceeding during which you, your spouse, and other witnesses may be asked questions under oath and in person. When a deposition is held, a court reporter will be present and will prepare a transcript of what occurred. The attorneys will ask the questions at a deposition.

In some cases, attorneys can complete discovery without resorting to the formal processes that have been described above. This is almost always less expensive and more efficient than going through a more formal process.

5. Negotiating a Settlement

Other than in cases that involve domestic violence, drug or alcohol abuse, child abuse, or people who are possibly hiding assets, it is often best to try to resolve a divorce case by negotiating a settlement agreement. People who can negotiate divorce settlements are often happier than those who leave the decisions up to the judge.

Negotiated settlements give the parties greater control and privacy. Spouses who reach negotiated settlements are likelier to comply with them than they are with orders from a court. If you reach a negotiated settlement with your spouse, you can file it in court. As long as the judge finds that your agreement is fair and conscionable, your settlement agreement will be a part of your final divorce decree.

Judges may sometimes order mediation to try to encourage the parties to settle their cases. In many cases, people can resolve many of their outstanding legal issues during mediation. Your lawyer can represent you during mediation. While he or she may recommend that you reject or accept a proposal to settle, the decision will be yours.

6. Divorce Trial

If you cannot reach a settlement agreement with your spouse, your divorce case will go to a divorce trial. At your trial, you will each be provided with the opportunity to present evidence, call witnesses, give testimony, and submit exhibits. You and your spouse will likely have to testify and to submit to cross-examination by the opposing attorney.

If your case does go to trial, it will likely be more expensive. In some cases, it might be the only way to reach an end to your marriage. You should keep in mind that trials are risky. Your attorney cannot predict the outcome for you. The judge will issue his or her orders as he or she understands the case. The judge will not know you or your spouse but will be given the power to tell you how to live your life after your divorce.

In some cases, a trial will not be the final step of a case. If you or your spouse are unhappy with what happened, either of you can file an appeal. If an appeal is filed, more time and expense will be involved. Appeals are also difficult to win.

7. Divorces with Children and Custody Issues

If your divorce will involve child custody issues for the minor children that you share with your spouse, you will have to file a petition for dissolution with minor children. For this type of divorce, you and your spouse will need to try to negotiate a parenting plan. If you cannot reach an agreement, you will each need to submit a proposed parenting plan to the court.

Child custody and visitation issues are frequently among the most contentious issues in divorce. They can also present added challenges for your attorney. While your lawyer is loyal to you, he or she also must keep the best interests of the children in mind.

Your parenting plan will include information about legal decision-making authority and parenting time for you and your spouse. Legal decision-making authority refers to which of you will have the ability to make decisions for your child’s religion, education, and medical care. Parenting time refers to where your child will reside and how much visitation time he or she will have with the other parent.

Legal decision-making authority and physical custody may both be either sole or shared. Your attorney can explain how this might look and advise you on the types of custody that might be most appropriate in your situation. Parents who are divorcing, with minor children, will also be required to attend parenting classes.

8. Determination of Child Support

Another issue that will be at play in a divorce with children in Arizona is child support. Under A.R.S. § 25-501, both parents are expected to contribute financially to the upbringing of their child. Arizona has child support guidelines for courts to use to determine the amount of support to order. This can help to make the amount of child support that you might have to pay or might receive more predictable.

9. Keeping the Best Interests of Your Children in Mind

If you cannot reach an agreement with your spouse about child custody issues, the court will follow the factors that are outlined under the best interests of the child standard in A.R.S. § 25-403. Regardless of whether you take your child custody issues to trial, you should conduct yourself in a way that will minimize the emotional harm to your children during and after your divorce.

Always put your children first. You should never try to use them as a weapon against your estranged spouse. Do not talk badly about your spouse to your children or in front of them to others. Encourage your children to spend a lot of time with your spouse. Remember that divorce is just as hard on children as it is on the adults.

However, children are less equipped to deal with the emotional conflicts and fallout that divorce can bring.

You should not introduce your children to your new romantic interest until they have had plenty of time to adjust to their new reality. You should also not take your children with you to your attorney’s office or the court. Be flexible and try to stick to the schedule that has been ordered or that you have created with your spouse.

Talk to your spouse about discipline issues and try to reach an agreement so that there can be continuity between both of your homes.

Complete Help from the Phoenix Divorce Lawyers at the Schill Law Group

Getting divorced is not easy for most people. If you want to end your marriage or have been served with a petition for divorce, contact the Schill Law Group for help and guidance through difficult times. Call us today at 480.525.8900 to schedule a consultation.

 

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Divorce Involving Children in Arizona

Divorce Involving Children in Arizona

by | Jul 3, 2020 | Child custody, Child Support, Custody, Divorce, Parenting, Paternity

Defending the People of Arizona

With more than 100 Years of combined experience

Divorce Involving Children in Arizona

The decision to divorce can be difficult for any couple in Arizona. When a divorcing couple shares children, the process can be even harder on everyone involved. Divorces involving children will involve all of the other legal issues of other types of divorces, including property division and the potential for spousal support.

However, when children are involved, the couple will need to contend with child custody, child support, and the potential for parental relocation. Working with an experienced family law attorney at the Schill Law Group might help you to resolve your legal disputes when you are going through a divorce with children in Arizona.

How is the Divorce Process Started?

To begin the divorce process in Arizona, the spouse who wants to get divorced will need to file several legal documents. The initial document that must be filed in a non-covenant dissolution involving children is the petition for dissolution. Together with the petition, most people also file the preliminary injunction, which is a document that will result in an order that prevents either party from selling, transferring, or giving away the marital property until the property division has been determined.

Some women choose to file a request to restore their maiden names. An order and notice form for both parents to attend the required parenting classes should be filed. Finally, a summons must be filed. The filing fee will need to be paid at the time the petition is filed. Once the documents are filed, the court will issue the summons. The summons and copies of the petition and other legal documents will then need to be served on the respondent spouse.

Once the petition and other documents have been served on the other spouse, both parents will be required to complete the parenting classes within 45 days. The parties will also need to submit a parenting plan to the court if they have reached an agreement. If they have not, each spouse can submit a proposed parenting plan to the court to be litigated during a hearing. The court will not issue a divorce decree until the classes are completed.

Once the court has received all of the documents, the judge will make sure that the court has jurisdiction to hear the case. To meet the residency requirements, one of the spouses must have lived in the state for 90 or more days. If both spouses agree to everything, including the determination of custody and support, there will be a 60-day waiting period after the service of the petition before a final decree can be issued.

How is Child Custody and Visitations Handled While the Divorce is Pending?

A court can issue temporary orders when a petition for dissolution is filed. These orders can be used to determine which spouse will remain in the marital home during the pendency of the divorce, whether one spouse will be ordered to pay spousal maintenance to the other spouse, who will be responsible for paying specific bills, and where the children will live. If the parties agree, some of the temporary orders might become permanent orders.

In most divorces involving children in Arizona, the spouse who files a petition for dissolution will also file a request for temporary child custody orders. Parents file these requests to outline where the children will live and how visitation with the other parent will be handled until the final decree is issued.

The goal should be to minimize the upheaval in the lives of the children as much as possible. When the court decides what temporary orders to issue, the judge will consider what is in the child’s best interests. The temporary orders will normally outline where the children will live, the type and amount of visitation the children will have with the other parent, temporary child support, legal decision-making, and a protective order to prevent one of the parents from kidnapping the children or withholding them from the other parent.

The following factors are important to understand when thinking about temporary orders:

  • Temporary orders will normally remain in effect until the divorce process is completed.
  • The orders will be issued under the best interests of the child standard.
  • Temporary orders can be contested.
  • The parents must follow the orders or face potential criminal consequences.
  • Temporary orders may become permanent if the parents agree.

It can take a couple of months before the court will hear a request for temporary custody orders. Either party can file a request for emergency temporary orders that can be heard within 24 hours. Normally, the requesting parent will need to show that the children might suffer irreparable harm without an emergency order.

In most of these types of cases, mental health issues, alcohol abuse, drug abuse, child abuse, or domestic violence is involved. Most of these types of requests are heard ex parte, which means that only the requesting party will appear. The judge will base his or her decision on the testimony and declarations made by the requesting party.

If the court grants the emergency custody order, a return hearing will be scheduled within seven days. The respondent spouse will then have a chance to gather evidence to contest the order and the allegations that the petitioner has made. Based on the evidence and testimony at the emergency order return hearing, the court might issue temporary orders, dismiss the emergency temporary order, or modify it.

What is the Standard Used for Determining Child Custody?

In Arizona, the courts follow the best interests of the child statute when they make child custody decisions. This standard involves the court’s consideration of several factors, which can be found at A.R.S. § 25-403. Under this statute, the courts consider the following factors:

  • The relationship between the child and the parent in the past, present, and likely future
  • The child’s relationship with the parent, siblings, and others in the home
  • How well the child is adjusted to his or her school, home, and community
  • The child’s wishes as long as he or she is of a suitable maturity and age
  • The physical and mental health of all of the involved parties
  • Whether one parent is likelier to encourage frequent and continuing contact with the child’s other parent unless domestic violence or abuse is involved
  • Whether one of the parents misled the court intentionally
  • Whether child abuse or domestic violence has occurred
  • Whether one parent engaged in coercion or duress to secure an agreement
  • Whether the parents have completed the required parenting classes
  • Whether one of the parents has been convicted of falsely reporting child abuse or neglect

When the decision making and visitation are contested, the court will make written findings of each of the factors that the judge took under consideration. The court may also consider other relevant factors in addition to those on this list.

What are the Types of Custody in Arizona?

When people think about child custody, they normally think about where the child normally will live. In the legal context, however, legal child custody refers to which spouse will have decision-making authority for important decisions regarding the child’s education, health care, and religious upbringing.

The physical custody of the child involves where the child will live and how much time he or she will spend at each home. Both legal custody and physical custody can be either sole or joint.

Sole Decision-making

Sole decision-making occurs when the court grants the legal authority to make important decisions about the child’s upbringing solely to one parent. Courts generally prefer to order joint decision-making unless there is a compelling reason to do otherwise, including child abuse, domestic violence, drug abuse, or something else.

When a parent is awarded sole decision-making authority, he or she will be able to make important decisions about the child’s religious upbringing, medical care, and education without having to consult the other parent. In some situations, the court might grant sole decision-making authority to one parent over one area and sole decision-making authority over a different area to the other parent.

Joint Decision-making

Joint decision-making is generally favored by Arizona courts. When joint-decision making is ordered, both parents are expected to participate in making decisions for their children. If it is ordered in your case, you will need to consult with your ex-spouse before making unilateral decisions about the education, medical care, or religious upbringing of your shared children.

Residential Custody

Residential or physical custody of a child refers to where the child lives most of the time. When one parent has primary physical custody, the child resides with that parent most of the time. The other parent will have visitation according to the schedule that the parents or the court determine.

In cases in which abuse, domestic violence, or substance abuse problems have been an issue, one parent may have sole physical custody while the other party might only have supervised visitation.

How is Child Support Determined?

Under A.R.S. § 25-501, Arizona expects both the custodial and non-custodial parents to contribute financially to the upbringing of their children. The courts have guidelines that judges follow when issuing child support orders. The guidelines take into account the relative incomes of each parent, whether they have other children to support, the amount of time the children spend with each parent, and any extraordinary expenses a child might have, among other factors.

The factors that the courts take into account when determining the amount of support to order are listed in A.R.S. § 25-320.

Child support will normally be ordered to continue until a child reaches age 18 or graduates from high school. However, the court can order support to continue past the age of majority. For example, the court might order support payments to continue if children go to college or if they have developmental disabilities. Courts can also deviate from the guideline amount in certain situations.

Schill Law Group can Help With Complex Divorce

Getting divorced is difficult for most people. When children are involved, the divorce process can be more complicated because of the number of issues that may be involved. If you are planning to divorce and share children with your spouse, contact the Schill Law Group today to learn about your options by calling us at 480.525.8900.

 

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High Net Worth Divorce in Arizona

High Net Worth Divorce in Arizona

by | May 4, 2020 | Alimony, Annulment, Divorce, Legal Seperation, Parenting, Paternity

Defending the People of Arizona

With more than 100 Years of combined experience

High Net Worth Divorce in Arizona

When younger couples get divorced in Arizona, the process may be fairly straightforward because they may not have had much time to accumulate very many assets. However, if you have been married for a long time and have built substantial assets during your marriage, you may have to go through a type of dissolution called a high net worth divorce.

This type of divorce can be very complex because of the different types of assets that may be involved. High net worth divorces may involve complex asset classes and holdings worth hundreds of thousands up to millions of dollars. People who go through these types of divorces will likely need to get the help of a competent family law attorney who is experienced in handling high net worth divorce cases.

The Schill Law Group understands complex asset and debt division matters and is prepared to help.

How is a High Net Worth Divorce Different from a Regular Divorce?

A high net worth divorce will frequently involve complex legal and business issues that are not involved in regular divorces. High net worth couples may have vastly more extensive assets, including businesses, real estate holdings, art collections, trusts, stocks and bonds, investment accounts, retirement accounts, jewelry, and more. All of these types of assets may need to be identified, located, and valued to accomplish an appropriate division of property.

Under A.R.S. § 25-211, Arizona is a community property state.[1] This means that all of the assets that you have accumulated during your marriage that are not deemed separate property are considered to be equally owned by both spouses and subject to equal division. In many high net worth divorces, however, there may be antenuptial agreements in place.

High net worth divorces are likelier to include disputes about whether certain assets should be considered to be separate or community property.

How are Trusts Handled in High Net Worth Divorces?

Some wealthy couples have trusts established to hold substantial amounts of their assets. The handling of the assets of a trust can be crucial for the outcome of the property division in a high net worth divorce. When a spouse funds a trust with community property, it can transform the assets in the trust from being considered to be the separate property of that spouse to being considered to be the community property of both spouses to be divided in the divorce.

Normally, a trust that was created by a third party to benefit one spouse but not the other will be considered to be the beneficiary spouse’s separate property. The other spouse might argue that the court should consider the trust when it determines the amounts of spousal and child support that the other spouse should be granted.

When a trust is involved in a divorce, an attorney will need to seek disclosure from the trust. This can be hard because trust accounts may be located outside of the U.S. Trustees for U.S. trusts will normally send disclosures in response to a request. Offshore trusts might have trustees that fail to respond. When that happens, you might have to file a petition with that country’s court to seek an order for the trustee to provide disclosures.

How are Businesses Handled in Divorces?

Many high net worth divorce cases involve private businesses. When a private company is owned by one of the spouses, multiple complex issues will need to be addressed. The business will need to be properly valued. If the company has assets that are spread around the world, the valuation will be more complex. Often, business valuations will require significant investigations and the work of forensic accountants.

After a business valuation is completed, the divorcing couple will then need to determine how to distribute it in the property division portion of their divorce. One spouse may not be willing to give up his or her interest in the company. The spouse that wishes to keep control of the company might need to give a larger portion of the other assets to his or her spouse to retain control of the business.

How is Real Estate Handled in a High Net Worth Divorce?

While a regular divorce might involve dividing the marital home, high net worth divorces may involve real estate holdings beyond the home. Wealthy couples might have rental properties, commercial properties, and vacation homes. An appraisal of each of the various properties that are owned will need to be completed to understand what their fair market values are.

Some of the real estate properties might be the separate property that one spouse brought into the marriage. Other properties might be community property. Finally, some separate real estate might become community property if marital funds were used to make improvements. All of these issues will need to be addressed to ensure a fair division of the property.

Types of Complex Valuations in a Divorce

There are multiple types of complex valuations that might be necessary for a high net worth divorce. Some of the types of valuations that might need to be completed include the following:

  • Retirement accounts
  • Investment accounts
  • Stocks and bonds
  • Jewelry
  • Art collections
  • Intellectual property
  • Real estate
  • Businesses
  • Yachts
  • Other valuable assets

Different experts might have to value the assets from within their fields and submit written appraisals. In some cases, each spouse will hire his or her experts to testify about how they arrived at their valuations.

Spousal Maintenance in High Net Worth Divorces

Under A.R.S. § 25-530, spousal maintenance is a type of support that may be ordered by the court in cases in which the divorcing spouses have a large income disparity. Spousal maintenance is in addition to any child support that might be ordered, and it is frequently at issue in high net worth divorces. However, some cases involve prenuptial agreements through which the lower-earning spouse may have waived his or her rights to spousal maintenance.

In those types of cases, the lower-earning spouses might challenge the prenuptial agreements’ validity and claim that he or she signed under duress. A lower-earning spouse might also claim that the wealthy spouse failed to disclose all of his or her assets, meaning that the lower-earning spouse could not understand the rights that he or she was waiving.

Managing tax implications involved with asset division

Many tax implications might be involved in high net worth divorces. Both spouses will need to consider credits and deductions that might be lost after divorcing. Spouses who will have to pay spousal maintenance are not able to deduct the payments on their taxes any longer, and spouses who receive spousal maintenance are required to report the payments as income on their tax returns.

Transferring certain assets in divorces can trigger tax consequences. Some of the illiquid assets that might involve tax issues include the following:

  • Brokerage account funds
  • 403(b) accounts
  • 401(k) accounts
  • IRAs
  • Stock options
  • Annuities
  • Thrift savings plans

To prevent tax consequences when transferring some of these illiquid assets, a qualified domestic relations order may need to be prepared. This might help people to avoid penalties and taxes on what is transferred.

Concealment of Assets During a Divorce

Unfortunately, some spouses try to conceal or hide assets to prevent their spouses from getting their rightful share in divorces. They might try to transfer assets to family members or friends, hide them, or spoliate the assets. Others simply do not disclose all of their assets. For example, they might have accounts that are not disclosed and transfer funds from disclosed accounts to make it appear as if they have less. They might also move assets to offshore locations or place community assets in trusts.

Whenever a spouse believes that the other spouse is concealing or hiding assets, he or she will need to get help from an experienced attorney. A lawyer might work with a forensic accountant to find assets that have been spoliated, hidden, or concealed. If it is not possible to determine the extent of the person’s actions, the court can draw an adverse inference against the spouse who has engaged in this type of behavior.

Schill Law Group Experienced High Net Worth Attorneys

If you have accumulated substantial assets during your marriage and want to get divorced, getting help from an experienced high net worth divorce lawyer at The Schill Law Group is important. Our experienced property division and divorce lawyers understand how to handle the complex issues that are frequently involved in these types of divorces.

Contact us today to schedule a consultation by calling us at 480.525.8900.

 

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Divorce and Kids: Steps to a Smooth Transition

by | Feb 19, 2018 | Child Support, Custody, Divorce, Legal Seperation, Parenting

Defending the People of Arizona

With more than 100 Years of combined experience

Divorce and Kids: Steps to a Smooth Transition

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.

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.

FAQ on Child Support Delinquency in Arizona

by | Jan 15, 2018 | Child Support, Divorce, Parenting

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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.

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