Child Support in the Arizona Family Court: How Do Social Security Benefits Affect Calculations?

September 29, 2008 by Maricopa County Court  
Filed under Child Support

By Trent Wilcox

Social Security benefits can affect child support in two ways. First, if either the parent paying child support (the “obligor”) or the parent receiving child support (the “obligee”) receives Social Security benefits, the Arizona Child Support Guidelines require that the Social Security benefits be included in determining either parents income. Thus, the Social Security benefits help to determine the initial child support obligation.

Second, the Social Security benefits can affect the amount of child support that must be paid out of pocket by the parent paying child support. Section 26 of the Arizona Child Support Guidelines addresses this issue and states verbatim as follows:

A. Income earned or money received by a child from any source other than court-ordered child support shall not be counted toward either parent’s child support obligation except as stated herein. However, income earned or money received by or on behalf of a person for whom child support is ordered to continue past the age of majority pursuant to Arizona Revised Statute Sections 25-320.B and 25-809.F may be credited against any child support obligation.

B. Benefits, such as Social Security Disability or Insurance, received by a custodial parent on behalf of a child, as a result of contributions made by the parent paying child support shall be credited as follows:

1. If the amount of the child’s benefit for a given month is equal to or greater than the paying parent’s child support obligation, then that parent’s obligation is satisfied.

2. Any benefit received by the child for a given month in excess of the child support obligation shall not be treated as an arrearage payment nor as a credit toward future child support payments.

3. If the amount of the child’s benefit for a given month is less than the parent’s child support obligation, the parent shall pay the difference unless the court, in its discretion, modifies the child support order to equal the benefits being received at that time.

C. Except as otherwise provided in section 5.B, any benefits received directly, and not on behalf of a child, by either the custodial parent or the parent paying child support as a result of his or her own contributions, shall be included as part of that parent’s gross income.

The interpretation of Section 26, above, minus some of the legalese, is really pretty simple:

A. If a child receives benefits from a source outside of the parent paying child support, it will not normally diminish the paying parent’s child support obligation unless the Arizona Child Support Guidelines provide a specific exception. However, if a mentally or physically disabled child receives child support past the age of majority, those amounts may be credited toward the paying parent’s child support obligation. Notice this is a “may” and not a “shall,” meaning that the court has discretion in this child support matter.

B. If a child receives benefits, such as social security or insurance, because the paying parent made the child eligible to receive such benefits by paying into the system, those amounts will be credited toward the paying parent’s child support obligation in the manners described. Notice this is a “shall” and not a “may,” meaning that the court has no discretion in this child support matter.

C. As mentioned above, a parent who receives payments directly on his or her behalf must include those amounts in income totals used to calculate child support. However, the exception to this provision is provided by the Child Support Guidelines Section 5(B) which states, “Gross income does not include sums received as child support or benefits received from means-tested public assistance programs including, but not limited to, Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), Food Stamps and General Assistance.”

Wilcox & Wilcox, P.C.
Trent Wilcox
For the Firm

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555
Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880
Fx: 602-631-4004

Visit our website: [http://www.wilcoxlegal.com]www.wilcoxlegal.com
Check out our weblog:  www.arizonafamilylaw.blogspot.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota.  Information in this article may not apply to states other than Arizona.

Attorney Trent R. Wilcox is the managing partner of Wilcox & Wilcox, P.C.  Mr. Wilcox practices in the areas of family law, employment disputes and general civil litigation. Mr. Wilcox is admitted to practice in the Arizona state courts and federal district court and is a member of the Maricopa County, Arizona State and American Bar Associations.

Mr. Wilcox has worked closely with the National Center for Missing and Exploited Children to return abducted children to the custodial parent. He has assisted parents from various countries in cases brought under The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

Mr. Wilcox plays golf professionally when time remains after family and the demands of the law office have been met and when he gets a chance to practice, carries a +3 to +4 handicap.

Article Source: http://EzineArticles.com/?expert=Trent_Wilcox http://EzineArticles.com/?Child-Support-in-the-Arizona-Family-Court:–How-Do-Social-Security-Benefits-Affect-Calculations?&id=18088

How Convicts Get Buff

September 23, 2008 by Maricopa County Court  
Filed under Exercise, What to Do in Jail

By Matt Marshall

How do maximum security prisoners manage to add muscle?

I’ve often wondered about this. And recently, a customer gave me a very important clue to this puzzle.

Here’s the deal:

First of all, it’s important to note that the idea of huge, muscular prisoners is very much a “Hollywood” image.

In real prisons, not every convict is 6’5 and 320lbs of shredded muscle. However, many guys do manage to gain a substantial amount of muscle when entering prison.

How do they do it? What is the muscle-building key that we can learn from prisoners?

Letter From A Maximum Security Prison

One of my customers teaches at a maximum security prison. He wrote me a letter that brought up an interesting point.

He noted that convicts 1) work out a lot, 2) eat a lot… but also that they…

Sleep More Than The Average Guy!

Think about it. There’s not a whole lot to do on the “inside” so many prisoners probably get extra sleep.

Could Sleep Really Be The Secret To Massive Gains?

If you think sleep couldn’t possibly be the key to muscular growth, let’s examine what occurs during sleep.

When you catch some zzzz’s your body finally gets a chance to repair and rebuild your cells.

30-45 minute after you enter dreamland, your body starts to release Human Growth Hormone or HGH. If that term sounds familiar it’s because many steroid-users illegally take extra HGH for massive muscle gains.

Growth Hormone is powerful hormone that increases muscle mass, repairs cells, strengthens the immune system… among a host of other benefits.

Steroid-users shell out between $500-$4,000 a month for HGH… but your body releases a natural supply every night. So get those zzz’s in.

The Key To Gaining Weight

If you are a naturally skinny guy and you want to gain weight, getting some extra sleep could be the puzzle piece you’ve been missing.

But don’t take my word for it.

Take it from a guy who knows a little something about gaining weight.

Musashimaru, a famous sumo wrester, was once asked how he grew from 290lbs to a staggering 520lbs.

He explained that sumo wrestlers sleep immediately after eating to insure slow digestion of their food and maximum retention of muscle mass.

Action Points

Hopefully this article has opened your eyes to importance of sleep. Here are two take-away points for you to consider.

#1) For maximum muscle gains, try your best to get a full night of sleep each night. Some people believe that the hours of sleep obtained before midnight are more effective than the sleep after midnight so try to get to bed earlier.

#2) Whenever possible, try and and squeeze in a 20 minute nap after your workouts (after your post-workout meal).

Most of us don’t have the time for a post-workout nap but if you can squeeze it in (even once in a while) it can help recovery and aid you in your quest to gain muscle.

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Matt Marshall is not a personal trainer or a professional bodybuilder. He’s just a former skinny guy who figured out how average guys can build muscle and develop outstanding physiques. You can read his blog by visiting http://www.AverageWhiteDude.com

Article Source: http://EzineArticles.com/?expert=Matt_Marshall http://EzineArticles.com/?How-Convicts-Get-Buff&id=842539

Prison Wife: Stand By Your Man

September 18, 2008 by Maricopa County Court  
Filed under Jail Ettiquette

By Frances Russo

There are approximately 2 million men in the prison system in the United States. That means there are a lot of loved ones left behind to wait…wives, girlfriends, lovers, sisters, brothers, mothers, fathers, and yes, even children. Only the strong can survive this ordeal.

The heartache and pain is almost unbearable for the prison wife who waits at home. Endless moments, which turn into minutes, hours, and days. Days that turn into weeks. Weeks that turn into months….And then, months even turn into years. The seasons change, as time rolls by. Autumn turns to winter, and winter to spring, and then summer. Holidays come and go, with the Prison Wife “on the outside looking in.” She is never really part of anything. She exists in her own world. A world she creates around her. She puts up walls around her, and often becomes a recluse. She lives her life “to keep the household together.”……She works, pays the bills, takes care of the children…she does all the normal things of life, but she lives in an abnormal world.

The Prison Wife does her “time” at home, along with her husband, as he does his “time” in a prison cell. The Prison Wife does “The Bid’ with her husband.

Many women say “I Do,” knowing fully well that their husband committed a crime, and must turn himself into prison. But can anything really prepare her for the heartache that lies ahead”……..The lonliness and endless days. No, nothing can prepare her, and it is shocking when the events all unfold around her. Sometimes she walks around as if in a dream…that this just all can’t be real.

Priosn Wives are “powerless,” and have no “freedom.” Her life revolves around collect calls from the prison…around “count,” around “Visits” that are so retrictive….She carries extra type of clothing in the car when she visits her husband, because if the prison guards “don’t like her clothes ” on that particular day, she may be refused entry to see her husband…So, she chanmges outfits, in the parking lot or back seat of the car…from sleeveless to sleeves, from too tight to loose, from wire under- bras to wireless bras…Whatever it takes!…Please Lord ! Please let the prison gurads accept what i’m wearing today! Please let me see my husband today!….It doesn’t matter that they refuse to let me use the ladies room…and when they do, it is usually a dirty, smelley, dark and dank outhouse, that is old and hasn’t been cleaned or painted in years. It doesn’t matter that I got up at 4am, to get here at 7 am, for early ungodly hours for visits. And these prisons seem to always be located in some far-off place, amongst the woods and farmlands. Most visitors trvel 2 or 3 or 4…maybe more, hours to get to their loved one.

I always heard the words “prison reform.” I always ignored it…it meant nothing to me, because after all, I had no one within the prison system. But now, I am part of it all…my husband is in prison. And so, not only am I for Prison Reform, but I am for “Rights for the prisoner’s wife and loved ones.”

I ask you, “Is anyone listening?”….Not unless they are there, in the same situation will they listen.” A nd of course it all starts with legislation. As for me, I am but one person….Everything in our world starts with “one.”…..”one person,” “one idea,”…….that spreads to others………So, I hope you are listening, and I hope you care…….I care about you!

My husband has been in the prison system for the last 22 months. I am a retired Registered Nurse, who writes about her daily life as a “prisoner’s wife,” in a journal on aol, called “REFLECTIONS OF A PRISON WIFE.”

(to get to my journal, you may also Google the words “Reflections of a Prison Wife,” OR “Prison Wife,” or “kintock.” You will find it on the first few pages, as it is quite popular) http://JOURNALS.AOL.COM/CRYSTALMOON222/REFLECTIONSOFAPRISONWIFE/

Article Source: http://EzineArticles.com/?expert=Frances_Russo http://EzineArticles.com/?Prison-Wife:-Stand-By-Your-Man&id=11088

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