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Community Property

 

Once property is considered community property, it must be divided equitably between the spouses. That is why it is important to determine the characterization of the property at the beginning of the divorce. There may be arguments about whether property is community or not, but most property is fairly easy to characterize. Property includes real property, which is land or a house. Property also includes your furniture, bank accounts, savings account, investments and deferred compensation plans, such as 401Ks or IRAs.

Property for division, however, does not include Social Security benefits. Social Security law governs your Social Security account and it cannot be changed in a divorce decree. If you want to know specific information about your Social Security benefits, you might want to contact the Social Security Administration to find out about your specific income. Most property disputes revolve around houses. For some reason, many couples maintain complicated information regarding when and how a house was purchased and whose name is on the deed. It is important that you know if your name is on your house deed. You can check that on the Internet, courtesy of the Maricopa County Recorder?s Office at recorder.maricopa.gov/.

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).

Assistance with Parenting Plans and Agreements

There are certain items every parenting plan needs: 1) Each parent’s rights and responsibilities for the personal care of the child and for decisions in areas such as education and health care; 2) A schedule of the physical residence of the child; 3) A procedure by which proposed changes, disputes, and alleged breaches may be mediated or resolved; 4) A procedure for periodic review of the plan’s terms by the parents; and 5) a statement that the parties understand that joint custody does not necessarily mean equal parenting time.

Our experienced attorneys at Best Law can help you and your spouse draft a negotiated parenting and custody agreement. We can provide insight and anticipate future problems. We provide this service at an hourly rate and provide you with a court-approved form at the conclusion that can be filed with the court, along with your decree.

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