Archive for November, 2009

Arizona Divorce Lawyer Discusses Child Support:

Thursday, November 26th, 2009

In Arizona, child support is established by a lengthy formula set forth by statute.  A.R.S. § 25-320 and appendix.  In this approximately 30 pages of statute, the process for calculating the appropriate child support is spelled out. 

 

Understanding the formula can be very difficult.  Generally, the largest factors contributing to the ultimate child support amount are the incomes of both parents and the amount of parenting time each parent spends with the children.  Other factors include which parent is paying for medical insurance, day care costs, and extraordinary expenses for the children.

 

In most cases, the parties’ gross income is used.  However, courts can attribute an increased or decreased income to parties in certain cases.  In one case, the parent who chose to voluntarily cut his income to go back to school was required to pay child support at the rate established by his prior income level.  However, Courts have discretion to make adjustments based upon the facts presented at the trial.

 

Other adjustments can be made to income also, including payments for support of other children, payment or receipt of spousal maintenance, and so forth.

 

If you are faced with a difficult case involving child support, whether in a divorce, paternity case, or a post-decree modification of custody and/or child support, please feel free to contact our firm for a free telephonic consultation.   www.mcguiregardner.com

Division of Assets in Divorce

Thursday, November 19th, 2009

Arizona law requires Courts in Dissolution of Marriage proceedings to equitably divide community and joint property. A.R.S. § 25-318(A). Furthermore, under Arizona law, “equitable” is synonymous with “equal” in most cases. For example, in Valladee v. Valladee, 149 Ariz. 304, 718 P.2d 206 (Ct. App. 1986), the Appellate Court found that the trial court abused its discretion when it directed a substantially unequal distribution of jointly held investment properties in order to reimburse husband for the expenditure of his separate funds in acquiring the properties. In another case, an offsetting award was not substantially equal, which was found to be an abuse of discretion. Lincoln v. Lincoln, 155 Ariz. 272, 746 P.2d 13 (Ct. App. 1987).

For more information visit our website at www.mcguiregardner.com or yourarizonadivorcelawyer.com.

McGuire Gardner announces new family law website.

Monday, November 9th, 2009

In order to better serve our family law clients we have launched a new website at yourarizonadivorcelawyer.com.  This site is to supplement our existing firm wide website at www.mcguiregardner.com, and will be focused on family law and related issues. You can find answers to your questions about family law issues, and learn about divorce, child support and other issues.  We have designed our site to be a resource for our clients, and for those who are seeking information about these areas of the law.  Stay tuned to this blog for up to date information about family law issues in Arizona.

Arizona Divorce Lawyer comments on recent New York Times article regarding the “Fragile Families and Child Wellbeing Study”:

Monday, November 9th, 2009

In a recent article (November 2, 2009), entitled “Fathers Gain Respect From Experts” writer Laurie Tarkan, discusses recent studies and trends that recognize the importance of fathers’ involvement with their children.

Although fathers tend to spend time with their children in ways that differ from mother/child bonding, this time with fathers is important to the child’s development.

The article further discusses divorce related issues, and societal obstacles “conspiring” against fathers spending time with their children.

Children do better with a father when mother speaks positive about father.

The full article can be found at: http://www.nytimes.com/2009/11/03/health/03dads.html?hpw.

For more information, please visit our websites at www.mcguiregardner.com, or yourarizonadivorcelawyer.com.