Posts Tagged ‘Arizona Law Firm’

ARIZONA DIVORCE LAWYER: FATHER’S RIGHTS IN ARIZONA CUSTODY CASES

Monday, July 16th, 2012

Submitted by Attorney Douglas Gardner

 

East Valley Divorce Attorney Discusses Father’s Rights in Divorce Cases

 

 

Arizona has moved forward in terms of Father’s rights recently, which changes how cases should be handled whether you are the Mother or the Father.

 

In the 1970s and 1980s, a typical custody order would have the children reside with the Mother, and Father would see the children on alternating weekends and two weeks during the summer.  As we moved into the 1990s and the 2000s, Father’s rights and Father’s role in raising children received significant attention from mental health professionals, which trickled its way into state laws and into the courtroom practices of judges.  Weekday parenting time to the Father became more common, and alternating holidays, equal sharing of summer and Christmas school recess became more common.

 

Over just the last two years, the Courts have moved beyond this, to much more often awarding equal parenting time when the parent’s live close enough to allow the children stability in school while residing with both parents. 

 

Moving to equal parenting time has its pros and cons.  Many children feel like they live at neither house, but “camp” at both houses and move back and forth.  Other children enjoy the significant relationship with both parents being much more involved.  Equal time parenting plans allow both parents to have their own time as well as parenting time, and can balance the various difficulties  in life including jobs and other responsibilities.  However, Equal time for many mother’s necessarily includes reduced parenting time. 

 

One difficulty often ran into is societal expectations.  While these changes are great for Father’s that want to be more involved, many mother’s feel that the Court has punished them because they are familiar with other families in which the Mother was named the primary parent, and they feel that they are as good or better of a parent than this other parent.  Such comparisons fail to account for the dramatic changes in the law over just the past few years. 

 

While many Father’s enjoy this additional time with their children, some Father’s realize that having the children 50% of the time causes them to be away from work more of the time, as schooling, sick children, and other issues are now falling on their parenting time 50% of the time. 

 

Equal parenting time is not appropriate in all cases.  I still see many cases in which Father or Mother can provide a better life style, stability, safe environment, and other factors and in which we can persuade the Court to award my client’s more than 50%/50% custody.  However, proving that such is the case requires a solid case and a well prepared trial plan. 

 

If you are experiencing legal issues involving custody or other difficult issues, whether as part of a divorce, after the divorce has already been entered, or a custody battle in which the parents were never married, you should have experienced legal counsel on your side. Please call 800 899-2730 and ask to speak with attorney Douglas C. Gardner, or visit our website at yourarizonadivorcelawyer.com.

Calculating A “Ball-park” Child Support Amount.

Monday, July 9th, 2012

 

Submitted by Attorney Karl Scholes

 

I will often have my divorce, or post-decree, clients ask me, “How much child support will I be receiving/paying?” My normal answer to them is a resoundingly, lawyerly, “It depends.”

 

When they press me for a more specific response, I tell them, “Well, we just need to apply the Arizona Child Support Guidelines.” I then proceed to instruct them as to what the Guidelines specify.

 

However, when they push back even more, I tell them, “Oh, you are looking for a “ball-park” calculation. That I can get for you.”

 

The remainder of this article is an explanation on how to come to a “ball-park[1] ” child support calculation.

 

First, one should understand at least a little of the background about child support in Arizona. It is important to understand that Arizona law requires custodial and non-custodial parents to provide “reasonable support” for their minor children. A.R.S. §25-501(A). A parent’s child support obligation has priority over all other financial obligations of the parent. A.R.S. §25-501(C).

 

In addition, the court receives the authority to award child support under A.R.S. §25-320. This statute also makes it mandatory for the court to issue an order of child support as per the Arizona Child Support Guidelines, (unless the court finds that a deviation is necessary… which is a subject matter for another day.)

 

The Arizona Guidelines follow the Income Shares Model, which means that the total child support amount approximates the amount that would have been spent on the children if the parents and children were living together.  The guidelines involve numerous intricacies, and for a full application, one should consult an attorney – who is experienced in using the Arizona Child Support Guidelines – as to how the guidelines apply to each individual case.

 

Second, to get a “ball-park” child support calculation, one must be able to answer the following questions:

 

1.      What is the gross income of both parties? (Note, this issue sometimes becomes complicated, especially if one party is self-employed, has an income that is not easily ascertainable, or if one party is unemployed. Consult an attorney if there are any complications in your case.)

2.      What is the number and ages of minor children involved? (Note, if this factor is complicated, please consult a mental health professional before seeking the advise of an attorney.)

3.      What is the cost of medical/dental/vision insurance for the minor child(ren): The key to this factor is to find the cost for medical insurance for just the minor children. (Note, at times, this factor can be complicated as well. Please consult an attorney if there are any complications in your case.)

4.      What are the monthly childcare costs for the minor children?

5.      Are there any extra education expenses paid for the minor children?

6.      Are there any extraordinary (gifted or handicapped) expenses for the minor children?

7.      How many days, out of a year, will the non-custodial parent have with the minor children?

 

Third, the next step is to plug the numbers from the answers above into their corresponding areas in the Arizona child support calculator, which can be found here:

 

Fourth, once you have plugged in the numbers above into the calculator, it will dispense a number under the heading “Child Support Obligation to be paid by____________”. This is where you will have your “ball-park” child support number.

 

If there are complications in your child support case, or to get an exact child support calculation, contact a family law attorney who is experienced in using the Arizona Child Support Guidelines.

 

If you are in need of legal counsel and would like to speak with an experienced attorney, please call 800 899-2730  or visit our website at yourarizonadivorcelawyer.com. or www.davismiles.com


[1] While a “ball-park” calculation of child support may be important for purposes of settlement, or setting expectations, one should note that a full child support calculation should be done by an attorney who is experienced in using the Arizona Child Support Guidelines.  

 

 

RELOCATION ISSUES

Tuesday, May 29th, 2012

Seasoned attorney, Ron Fineberg, addresses the issue of relocation and what Arizona law requires of parents. 

 

Q&A’s

 

Question:

Our divorce was final two years ago.  The father and I were granted joint custody of our two minor children with substantially equal parenting time (visitation).  Because of my job, I need to move to California.  What do I do if the father will not agree to allow the children to move with me?

 

 

 

Answer:

 

Under those circumstances, Arizona law requires that the parent who wishes to “relocate” with a child outside of the state, or more than one hundred miles within the state, must provide the other parent written notice by certified mail, return receipt requested, at least sixty days prior to the anticipated relocation.  If the non-moving parent opposes the relocation, that parent may petition the court to prevent relocation of the child.  The petition to prevent relocation must be filed within thirty days after the notice is made, otherwise the petition to prevent relocation may be granted to the non-moving parent only upon a showing of good cause. 

 

If the petition to prevent relocation is timely filed, it is then up to a judge to determine whether or not to allow the parent to relocate the child after considering the “best interests” of the child.  The burden of proving what is in the child’s best interest is on the parent seeking to relocate the child.  A.R.S. §25-408, 25-403(A) and ARFLP 91(E).

 

If you are in need of legal counsel and would like to speak with an experienced attorney, please call 800 899-2730  or visit our website at yourarizonadivorcelawyer.com. or www.davismiles.com 

HAPPY ANNIVERSARY DAVIS MILES MCGUIRE GARDNER

Wednesday, May 23rd, 2012

 A customer is the most important visitor on our premises; he is not dependent on us. We are dependent on him. He is not an interruption in our work. He is the purpose of it. He is not an outsider in our business. He is part of it. We are not doing him a favor by serving him. He is doing us a favor by giving us an opportunity to do so. Mahatma Gandhi 

This June marks our one-year anniversary of merging two strong law firms, Davis Miles and McGuire Gardner.

Choosing to merge was not a difficult decision when you consider the benefits our clients now have available to them. The objective was and is to provide a convenient spectrum of legal services while maintaining our high standards.

Davis Miles McGuire Gardner now has over 50 attorneys in 27 practices including, Arbitration, Bankruptcy, Commercial Collections Corporate/LLC, Criminal & DUI, Estate Planning, Family Law, Immigration, Intellectual Property, Litigation, Mergers & Acquisitions, Real Estate, Tax Law, Trusts & Estates/Planning, and more.

A vital business practice is monitoring and measuring our success and recognizing what areas we need to improve.  At Davis Miles McGuire Gardner we are pleased that our commitment to professional standards of conduct was recognized by Martindale-Hubbell’s who awarded us the highest ratings.  Another litmus test is other firms and peers. In a peer review we ranked at the highest level.

As a result of our continued efforts to meet and surpass our clients expectations, DAVIS MILES MCGUIRE GARDNER continues to serve as the provider law firm for LegalShield (PrePaid Legal). Legal Shield continues to provide outstanding legal counsel to their growing clientele in New Mexico and Arizona.

The merger of these two firms is only part of the process in creating an all-encompassing firm for our clients and their needs. We will continue to seek out the best attorneys who are equally dedicated to serving our clients with integrity, consideration and respect. 

If you are in need of legal counsel and would like to speak with an experienced attorney, please call 800 899-2730  or visit our website at yourarizonadivorcelawyer.com. or www.davismiles.com