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Family Law Blog

Stay up-to-date with family law and divorce news, tips and guides written by the team at Best Law Firm

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Cindy Best
What is Considered Community Property?

According to Arizona Revised Statute, Section 25-211, generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (a will) or descent (inheritance). Because the … Continue reading What is Considered Community Property?

Cindy Best
How Does Arizona Law See Division of Property?

You and your spouse may decide this for yourselves, but it is important to note that Arizona is a community property state. In accordance with Arizona Revised Statute 25-211, community property is all property acquired during the marriage by the efforts of either party through the date of service of the Petition for Dissolution. The … Continue reading How Does Arizona Law See Division of Property?

Cindy Best
What About Other Child Expenses That Are Not Included in the Child Support Worksheet?

One parent will be required to maintain health insurance for the children, and it there are any medical/dental/vision/orthodontia expenses not covered by insurance, the parties will often divide those expenses in proportion to their incomes.

Cindy Best
Can Child Support be Modified?

Child support is modifiable if there is a change in circumstances that would result in a fifteen (15) percent change in the support amount; moreover, the support terminates upon the emancipation of the child. In Arizona, emancipation occurs at age 18 or high school graduation, whichever occurs later, but not later than age 19.

Cindy Best
What Can I Do if the Obligated Parent Does Not Pay Child Support?

If an obligated parent does not pay child support, you may file a Petition to Enforce Child Support, Child Support Arrears and Medical Expense Reimbursement. Often, all three of those issues go together. It makes sense to include those three issues in one petition, because if the obligated parent is not paying child support, you … Continue reading What Can I Do if the Obligated Parent Does Not Pay Child Support?

Cindy Best
Do I Have to Pay Child Support if I Do Not Have a Job or Lose My Job?

Yes, you are under a court order to continue to pay child support. If the unfortunate circumstance occurs and a parent does not have employment, it may be necessary for that parent to request that the court modify the child support obligation to reflect the current situation.

Cindy Best
Can I Enforce an Out-of-State Child Support Order in Arizona?

Yes, you can enforce the out-of-state child support order. It will be necessary for you to register the out-of-state child support order with the Arizona courts, so that Arizona has jurisdiction and you have an Arizona case number. To “register” your case means that you will need a certified copy of your domestic relations file … Continue reading Can I Enforce an Out-of-State Child Support Order in Arizona?

Cindy Best
When Does My Child Support Obligation End?

Child support orders apply to any child under the age of 18, or a child who is still attending high school or an equivalency program. Also, if a child is mentally or physically handicapped, the judge may order that support payments continue indefinitely, past the age of majority (18).

Cindy Best
What if My Spouse Does Not Allow Me to See My Children. Do I Still Need to Pay Child Support?

Yes, you will still have an obligation to pay child support. You have an obligation to continue to pay child support until a court orders that you may stop. It is common for parents to want to withhold child support if the other spouse is not abiding by the court-ordered parenting time, but courts frown … Continue reading What if My Spouse Does Not Allow Me to See My Children. Do I Still Need to Pay Child Support?

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