New Arizona Family Court Administrative Order

Arizona Rule of Family Law Procedure 43(d)(6) now authorizes the Court, upon filing of a Family Court petition, to limit access to all court documents, records and evidence related to the petition for forty-five (45) days.

As a result, a new Administrative Order, No. 2010-092 has been issued which states: "all court documents, records and evidence in any Family Court action commenced with a Family Court case number not in existence before July 1, 2010 will be unavailable to the general public and will be accessible only by judicial officers, court and clerk’s office personnel, case parties and their associated attorneys of record, and law enforcement in the exercise of their official duties until forty-five (45) days have passed since filing the petition."
 

For further information on Arizona divorce and family law matters, contact Nirenstein Garnice Soderquist, PLC.

Tiger Woods Divorce Finally Done.

Tiger Woods is now officially divorced.  The Decree of Divorce has been published.  No particulars yet about specific divorce settlement terms.

For information on Arizona divorce, contact one of our lawyers at NGS.

Veterans Disability Protection Act of 2010 (VDPA)

The Veterans Disability Protection Act of 2010 (VDPA) seeks to protect disabled veterans in the courtroom. Disabled veterans who were injured in combat or in the line of duty receive disability compensation from the government. See article.

This compensation is supposed to be protected by federal laws, but civil court judges tend to attach the compensation to divorce lawsuits anyway. For example, sometimes when a disabled veteran gets divorced, the judge considers the disability compensation as “income” and, therefore, it becomes a divisible marital asset. They wrongfully calculate the disability compensation into a divorce settlement. 

The author of the article states that this action has led some veterans to become homeless or to commit suicide. The VDPA seeks to prevent the court from being able to take the disability compensation away from the veteran – as this would be unfair and cruel. This Act declares that all of the disability compensation will go to the disabled veteran and no one else. The court would not be able to attach the compensation to any other kind of “income” in these cases. The passage of the VDPA would “affect every man or woman injured in the line of duty while serving in the U.S. military, past, present, and future, and guarantee the total protection of their earned benefits – with no strings attached.”

Judge Orders Couple to Split Custody of Dog

Call it the The Maryland Canine Custody Case.

As they headed toward divorce, Gayle and Craig Myers had only one bone of contention: Who would have the right to keep Lucky, their 16-pound gray-black Lhasa apso.

Under Maryland law, family pets — unlike, say, children — are treated as jointly owned marital property and sold if the divorcing couple cannot agree on who gets to keep them. The parties then split the proceeds of the sale.  The same principle applies in Arizona.

However, the standard resolution did not result in this Maryland case.  The judge, presiding over the limited-divorce proceeding by special assignment, decided on his own last month that Gayle and Craig, who have no children, would split custody of Lucky. The dog will alternate spending six months with each party.

The Maryland ruling indicated that "it was very clear that both of them love this dog equally," and that "the only fair thing to do was to give each one an equal chance to share in the love of the dog."

Could this be the start of a trend toward pet-custody rulings?  Not likely, however more and more bar organizations are creating sections for "pet law".  The State Bar of Arizona has one.

Had either side objected to his unusual resolution, the Judge said, he would have applied the law and might have ordered the dog put in the care of a trustee, sold and the proceeds divided.

Animal-law activists have praised the ruling saying the Judge recognized that dogs and other pets are "family members" and not mere property. Attorneys for Gayle hailed what they characterized as McKee's humane compromise in not requiring the divorcing couple to part with their beloved pet.
 

Financial Support in Military Cases

Michael S. Archer and CPT Tricia L. Birdsell provide a detailed analysis regarding the pitfalls civilian attorneys can encounter in cases involving military support issues. 

Military support  issues arise frequently in Arizona due to the presence of Luke Airforce Base, as well as other military installations in the Southwest.  If you or your spouse are in the military, each branch of service requires certain support obligations upon separation for both dependents and spouses.  This article details the steps one must take in each branch of the military to obtain support, how to calculate the support obligation, as well as how a waiver of the obligation can be obtained by the military spouse.

The correct action to take in making a Nonsupport Complaint depends entirely upon which branch of service the military spouse, or dependent’s father/mother, are in, as well as the type of income earned by the military spouse.  If the correct action is taken by a spouse seeking  financial support, the non-military spouse may be able to obtain support through the military that they otherwise may not be entitled to receive in an Arizona Superior Court case.  Further, depending upon the branch of the military you are in, the military spouse should discuss with an attorney whether temporary support orders should be sought in an Arizona Superior Court case if the military support obligation is higher than the potential non-military support obligation. 

In Arizona, if you are a military spouse, you should discuss with an attorney the pros and cons of providing the other party with spousal maintenance as if you do so, there may be a way you can still earn a Basic Housing Allowance once you are no longer married depending upon your branch of service and other factors. 

In addition, the article provides a detailed explanation of the calculation of income for a military spouse, including review of an LES Earning Statements, Base Pay, Basic  Allowance for Housing, Basic Allowance for Subsistence and Special Duty and Incentive Pays.  The analysis of a LES Earning Statement may yield a much higher income than that detailed on a tax return for a military spouse.   Calculating the correct monthly income for a military spouse could mean the difference between a high support obligation and minimal or no support.

Remember, if you or your spouse are in the military, your case is likely to be more complicated so make sure to speak to an attorney with experience in this area.  You can contact me at www.ngslaw.com

Sandra Bullock and Jesse James Finalize Divorce

The pair filed divorce papers under seal last week in Texas to finalize their divorce after their nearly five-year marriage crumbled amid reports of cheating by James, PEOPLE confirms.

The Oscar-winning actress, 45, initiated the divorce case in April in Texas, where she has a home. The papers cited "discord or conflict of personalities" as the reason for the split.

Bullock's rep confirmed Monday that the divorce is now final.

Though it's unclear if the two had a prenuptial agreement, James won't be entitled to spousal support since in Texas a spouse must be married for at least 10 years to qualify for support.  In Arizona, there is no similar time requirement for a spouse to be entitled to spousal support, or as it is sometimes referred to as spousal maintenance and/or alimony.

Medical Pot Can Cost Parents in Custody Disputes

Gene Johnson of the AP, discusses the family court's handling in various states of a parent's use of medical pot and their custody cases. This isse is becoming more and more newsworthy lately.

NGS Wishes Attorney Brian D. Carroll, Esq. “All The Best”

It is with great sadness and also joy that Nirenstein Garnice Soderquist PLC (NGS) announces the departure of Brian D. Carroll, Esq., an associate attorney with the firm, whose practice primarly focused on divorce and family court matters.  Mr. Carroll began his legal career with NGS in its summer law clerk internship program and continued as an attorney after his admission to the State Bar of Arizona.

Mr. Carroll and his wife are relocating to Philadelphia, Pennsylvania so that Mrs. Carroll may begin her two-year residence program in pediatric dentistry.  Mr. Carroll will be sitting for the Pennsylvania Bar Examination this summer and expects to be practicing law in Pennsylvania by the end of 2010.

All of us at NGS wish Brian and his wife all the best in their future endeavors, and provide our heartfelt thanks and respect to Mr. Carroll  for all the tireless effort and work that he has put forth on behalf of the Firm's clients in which representation he was involved. He will be missed.

 

Arizona Court of Appeals Rules on TDRL Benefits in Arizona Divorce Case

In Davies v. Beres, FC 2007-091006, Husband appealed the decision of the family court which concluded that post-dissolution military Temporary Disability Retired List (TDRL) benefits were partially community property, subject to apportionment. The Court of Appeals, Division One, concluded that TDRL benefits are the separate property of the disabled spouse. In this case, Husband and Wife were married approximately 11 years. During the marriage, Husband served in the United States Air Force, accumulating 121 months of service.

Husband maintained Wife had no interest in his TDRL benefits because he was ineligible for retirement for longevity, he was not retired and his status on TDRL was temporary. Wife believed she was entitled to a percentage of the TDRL benefits based on the fixed formula in the divorce Decree. The Court of Appeals found:

Although neither Williamson nor Thomas addresses the
first formula available to calculate TDRL benefits, we find the
cases persuasive. Both cases concluded the USFSPA, 10 U.S.C. §
1408(a)(4)(C), prevented their respective courts from dividing
TDRL benefits as marital property when the benefits were
21 calculated based upon percentage of disability. Williamson, 205
P.3d at 542; Thomas, 286 S.W.3d at 666. We agree with that
conclusion. To the extent Husband’s TDRL benefits could have
been calculated pursuant to the first formula, we decline to
find such benefits constitute community property for the reasons
previously explained. Accordingly, we vacate the family court’s
order awarding Wife an interest in Husband’s TDRL benefits.

For more information on Arizona community propertly law see ourwebsite.

Recent Legislation

Arizona Bills passed affecting divorce and child custody law include:

1. The Court must now make specific findings regarding its disposition of community property and debts;
2. The court is prohibited from awarding sole legal custody unless a finding is made that a parent is unfit or incapable of being a parent (unless both parents agree to sole legal custody);
3. The court must make specific findings in its rulings regarding parental fitness, parenting time and custody;
4. While the statute now creates a presumption that joint legal custody is in the best interests of children, it does not create a presumption of joint physical (i.e. 50-50 parenting time) custody.

For more information, see SB1314.

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