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What Happens After A Petition Is Served

 

Other Issues

After the petition is served, each spouse is entitled to his or her own income. This income may be subject to child support and/or spousal maintenance that can be retroactive to the service or the separation date. Also, each party is responsible for his or her own debt incurred after that service date. Until the petition is served, all debt is presumed community. One of the ways to avoid the community debt is to prove community waste, which is beyond the scope of this book.

What Happens After the Papers are Served?
After the service of the petition other ?clocks? beginning ticking. For example, within forty (40) days after a party has been served with the initial documents, documentation concerning finances and property needs to be disclosed to the other party. This is mandated in Family Rule 49, which requires?

Depending upon what you request in your petition or response to dissolution or legal separation, you may be required to prove certain requests. For example, you may need to establish:

  • The birth and parentage of children
  • The acquisition of marital property
  • The existence of community debt
  • The requirement of child support
  • The need for spousal maintenance
  • The ability of the other spouse to pay support and/or maintenance
  • The fact and fairness of any settlement agreement
  • Excessive and abnormal expenditures
  • Destruction, concealment or fraudulent disposition of marital property
  • One spouse?s need and the other spouse?s ability to pay attorney?s fees
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    The proof required may be in the form of witnesses, documentation, demonstrative evidence, presumptions and judicial opinions.

    What is a Child Support Worksheet and How is Child Support Determined?

    The second required document is a child support worksheet. Within this form, there are various boxes to input information such as your income and parenting time with the children. There are other factors that are also taken into consideration in determining this amount. The Child Support Worksheet will calculate who pays child support and how much mother or father shall pay in child support. Although you are able to access this form on the court’s website, we have provided this worksheet on our website for you to download. Please be advised that the court’s final determination may differ from your generated worksheet, but the worksheet should give you an idea of how much child support you will have to pay.

    There are two huge factors that determine a child support obligation: each parent’s gross wages and each parent’s parenting time with the child. On the other hand, there are other factors that will give a parent “credit” on his or her side of the child support worksheet. These factors include whether either parent has another child from a previous marriage, has health insurance, pays spousal maintenance or child support or pays daycare expenses, among others.

    How is Child Support Determined?

    Child support is decided upon these basic factors, plus whatever else each parent pays for: 1) monthly salary of each parent, 2) age of children, 3) parenting time, 4) day care costs, 5) medical insurance, 6) extracurricular expenses, and 7) number of other children not common to the marriage.

    What Would Happen to Mr. Zuckerberg in Arizona Without A Pre-nup?

    What if he had no pre-nup? Does his wife now own part of Facebook? For starters, Arizona is a community property state and that means that all property acquired during marriage is presumed to be “community” property which means it is owned equally. But there is also the concept of sole and separate property which is property owned prior to marriage or property acquired by gift or a will. Mrs. Zuckerberg would be entitled to a “lien” on Mark’s sole and separate property and that is when the litigation usually begins…if people do not have a pre-nup. But we are not going to worry so much about all that now (but if no pre-nup, he could get a post nup) and instead we wish the new couple all the best for a long and happy marriage.

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