What Happens to Debts During a Divorce?
Arizona Revised Statute 25-318 provides that debt incurred during the marriage is presumed to be community debt. Generally, the court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse. The court may also order the parties to submit a debt distribution plan. This means that within…
What Property Does Not Get Divided in a Divorce?
According to Arizona Revised Statute section 25-213, “separate property” cannot be divded by the court. Separate property consists of items owned before the marriage or received as an inheritance or gift during the marriage and kept separate during the marriage. It is possible for a person to gift his or her separate property to community…
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…
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…
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.
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.
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…
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.
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…
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