February 5, 2012

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Overview of Spousal Maintenance Awards in Divorce and Legal Separation

January 12, 2012 By Leave a Comment

By Scott D Stewart -

In a divorce or legal separation, spousal maintenance may be ordered by the court to provide important financial support for one party or the other. Maintenance is paid by one spouse (or former spouse) to the other spouse (or former spouse). Some states refer to such support as alimony, others as spousal support. In any case, the purpose and result is the same, as we’ll discuss in this article.

Historical Basis for Alimony — Times Have Changed

There was a time when traditional marriages were entered into with the understanding and agreement that only death could terminate the bond. A divorce was only possible when there was evidence of marital misconduct, or fault. Once fault was established, the court looked to punish the party responsible for destroying the marriage.

Need for Alimony. Alimony was a solution to a very real economic problem. A divorced woman’s chances of finding work sufficient to support herself, even marginally so, were not promising. Knowing this, the courts were unwilling to let a husband impoverish his wife if he was guilty of marital misconduct. Receiving alimony sustained the wife who had kept her marriage vows, and paying alimony punished the husband who had not.

Punishing the Wife — No Alimony. A wife who caused the marital breakdown often found herself in immediate, serious financial trouble. Alimony was not generally available to her. The court reasoned that her post-divorce financial woes were the direct consequence of her guilty acts, and the punishment was deemed appropriate.

Punishing the Husband — Pay Alimony. As the family wage-earner, when the husband caused the marital breakdown the court granted the divorce and ordered him to continue supporting his ex-wife — support in the form of alimony. The guilty husband could not escape his obligation to support his wife, even after the divorce. The support was paid weekly or monthly, and could keep the ex-wife in the standard of living to which she had become accustomed during the marriage.

If the parties were unhappily married and both were without fault, then there were no grounds for divorce. Some couples colluded to achieve their desired result — ending a marriage they both wanted out of. When both husband and wife were at fault, the court was still unwilling to dissolve the marriage as they deserved each other and, consequently, were stuck in the marriage.

Uniform Marriage and Divorce Act.

By the middle of the 20th Century, sensibilities about the traditional marriage had changed significantly. Wives increasingly became wage-earners alongside their husbands, and the stigma of divorce was fading. In a sweeping legislative reform, Arizona adopted the Uniform Marriage and Divorce Act (UMDA), as did Colorado, Illinois, Kentucky, Minnesota, Missouri, Montana, and Washington.

The UMDA (1970) allowed for the irretrievable breakdown of a marriage, which could occur without any fault. Today, our Arizona courts cannot consider acts of marital misconduct in deciding whether to award spousal maintenance.

Eligibility for Spousal Maintenance — How It Works Today

In general, when determining the appropriateness of a maintenance award the court must conduct a two-part analysis.

First, A.R.S. � 25-319(A):

As a threshold question, a spouse must establish eligibility for alimony. In this first step, be prepared to answer questions like the following:

What property does the spouse have? Is the spouse already self-sufficient? Does the spouse need to stay home to care for a child? Could this spouse earn enough money to be reasonably self-sufficient? Did the marriage last many years, maybe a decade? Was the couple only married for a short time, maybe a year or two? Is the spouse at an age that would make self-sufficiency through employment impossible?

Second, A.R.S. � 25-319(B):

Second, the court considers all relevant factors in the family law case. Although the court has broad discretion, the 13factors presented in the statute provide a framework for the judge’s analysis. Here are some questions that should be asked, and answered, in this second step:

1. Standard of Living…

Did the parties live well? Were they affluent? Did they maintain a high standard of living? Did they live modestly? Did they get by with limited resources?

2. Marriage Duration…

How many years were they married to each other? Did the couple invest years in their marriage?

3. Age, Employment, Earning Ability of Supported Spouse…

Did the spouse seeking support quit working outside the home to raise their children? What jobs did that spouse have in the past? How much could he or she reasonably earn? What education does that spouse have? Would training or an education improve that spouse’s employment options?

4. Supporting Spouse’s Financial Ability…

How much does the supporting spouse earn? Can the supporting spouse take care of his or her own reasonable needs, as well as provide support for the other spouse?

5. Comparative Financial Resources and Earning Ability of Both Spouses…

Will one spouse substantially out-earn the other under most circumstances? Does one spouse’s property interests greatly exceed the other’s? Is there a significant financial imbalance between the spouses?

6. Contributions from Supported Spouse…

Did one spouse maintain the household and care for the children, freeing the other spouse to concentrate his or her efforts on career employment?

7. Extent Supported Spouse’s Lost Career Opportunities…

Did one spouse set aside his or her career, education, or employment goals so the other spouse could get ahead?

8. Ability of Both Spouses to Contribute to Children’s Educational Costs…

Will each spouse have sufficient funds to help with the children’s educational costs? Will a spouse only be able to help with the children’s educational expenses if he or she receives help in the form of spousal support?

9. Financial Resources of Supported Spouse…

Does the spouse have sufficient property to take care of all his or her needs without financial help? What makes up that spouse’s community assets?

10. Time Needed for Training or Educational Program…

Is it possible for the spouse seeking maintenance to get vocational, college, or university training to improve overall employability? With an education, will that spouse be able to build a sustainable career? How much money would be required to get the necessary education or training? How long will it take to get through that training or educational program?

11. Excessive or Abnormal Expenditures and Concealment…

Did the spouse hide property and assets or commit other destructive or wasteful acts?

12. Health Care Insurance Costs…

What will be the cost of health care insurance coverage for the spouse seeking support after the divorce?

13. Damages and Judgments from Criminal Conduct…

Was there a conviction of domestic violence committed against the other spouse or their child? Were there any other convictions in which the other spouse or child was a victim?

Maricopa County Spousal Maintenance Guidelines.

In an attempt to improve predictability and consistency in awards, the Maricopa Spousal Maintenance Guidelines were developed. The guidelines provide a formula from which a monthly support amount and support duration can be calculated with greater certainty. The formula allows for predictability and uniformity from one case to the next.

Guidelines Are Discretionary. As useful as Maricopa’s guidelines are, their application is purely discretionary with the court. There is no mandate, or requirement, that a judge use any guidelines at all in his or her maintenance analysis. In the case of Ramsay v. Ramsay, 224 Ariz.467, 232 P3d 1249 (Ariz.App. 2010), the Court of Appeals stated once again that:

“There are no legally authoritative ‘guidelines’ governing spousal maintenance in MaricopaCountyor any other Arizonacounty. A.R.S. � 25-319(B) vests the trial court with broad discretion to determine the amount and duration of spousal maintenance awards after due consideration of the factors that the Legislature articulated. The statute does not direct the court to refer to any set of guidelines, and the court’s disregard of any such informal reference materials cannot give rise to a finding of abuse of discretion.”

The best approach to resolving spousal maintenance issues is by thorough preparation. Substantiating a spouse’s position on maintenance, with strong supporting evidence on each of the 13 factors, may be pivotal in achieving a favorable outcome in the case.

Scott David Stewart, a Martindale-Hubbell AV-rated attorney, is the founder and principal of the Law Offices of Scott David Stewart, pllc.

The Law Offices of Scott David Stewart, pllc, an Arizona divorce and family law firm with offices in Phoenix and Chandler, represents clients in Phoenix, Chandler, Scottsdale, Mesa, Gilbert, Glendale, Peoria, Tempe and Surprise. Areas of practice include divorce, child custody, parenting time and visitation, child support, spousal support (alimony), property and asset division. Every case accepted by the Law Offices of Scott David Stewart, pllc, receives personal attention, careful meticulous preparation, skilled negotiation, and aggressive litigation. The firm’s website is http://www.SDSFamilyLaw.com.

The firm will continue focusing on family law, including divorce, child custody, parenting time and visitation, child support, spousal support (alimony), and domestic violence.

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Father’s Rights

November 15, 2011 By Leave a Comment

By Holcy Thompson III -

Top Tips on Father’s Rights

The term father’s rights can take on a few different meaning. In the broadest sense, it relates to a movement which pushes for more recognition of the rights of fathers in what is often perceived to be a judicial system which favors mothers in cases of divorce. In a more specific sense, it means the individual rights of a father in a divorce or separation situation. We’ll cover both of these issues in this article – the broader movement as well as the actual rights you have as a father if your marriage is splitting up.

The Bias of Family Courts

One of the core ideas of father’s rights activists is that fathers are discriminated against by the family court system. Divorce law in many states tends to give custody to whichever parent is deemed to be closest to the children and seen as most instrumental to carrying on their lives unaffected. This notion grows out of the idea that the divorce should affect children as little as possible, so custody should also reflect the “status quo” of life before the divorce as much as possible for the children. Because in many traditional families the father is the main breadwinner and the mother stays at home to look after the children, the mother wins custody almost by default in many of these situations.

Fathers’ advocates argue that this is unfair because it restricts fathers in their right to be a parent. Advocates of father’s rights also tend to point out that children should be raised by both parents (except in cases where a parent has been abusive). In this argument, the best interests of the children (on which child custody laws are built) are to have both parents involved in their lives. So the best interests of children are not very well represented by the current legal model which tends to be lopsided towards giving sole custody to mothers.

The movement has also strongly criticized the current models of child support used because they usually end in fathers paying money to mothers, even in shared custody scenarios. In such a scenario the father is left with less money to support the children when he has custody of them.

Individual Rights of Fathers

First of all, you have a right to have a relationship with your children unless you have actually taken action which would lead to you forfeiting that right, such as being physically violent towards your wife or the children themselves. If you’re not at fault, you have every right to have a relationship with your children and you should fight for that right. The law is intended to reach a conclusion which serves the best interests of the children. You need to demonstrate that having a good relationship with you is in their best interests.

Be aware that your wife may produce trumped-up charges in order to make a case against you for sole custody – such as accusing you of abuse when you’re guilty of no such crime. You know the character of your ex-wife so you’ll know whether this situation might apply to you or not. If this happens, you need to get the best lawyer you can and gather all the evidence possible to prove that you’re innocent of such crimes. Unfortunately this often comes down to a “your word against hers” situation, in which case the way your character and your wife’s character is represented in court becomes of ultimate importance. In other words you win such a case by demonstrating that you’re not the type of person who would abuse his family, and she is the type of person capable of lying about that.

Even without going to such extremes, your ex may attempt to block you from seeing your kids. It’s important to remind her not to let her own selfish interests get in the way of what’s best for the kids and that by blocking them from having a father, she’s actually hurting them the most. You can often do a lot more by addressing your wife directly than battling through the courts – court should be a last resort when your wife simply won’t give in and listen to reason.

More information on fathers rights.

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The Truth About Family Court and Attorneys

June 22, 2011 By Leave a Comment

By Michael Weening -

A statement made by Ben Franklin two hundred and fifty years ago is not nearly as true as it once was!

“He (or She) who represents themselves in court has a fool for a client.” – Benjamin Franklin

Today this statement is entirely untrue as it relates to the family law system and attorneys practicing Family Law. In fact, the real truth is found in another famous quotation:

“A fool and his money are soon parted” – Unknown

When I became involved in the Father’s Rights movement in 1990 there was one recurring issue that kept surfacing in almost every conversation I had with hundreds of men. The issue: The value and necessity of family law attorneys! To understand the dubious nature of a family law attorney you must first understand how family law proceedings are very different than other court proceedings.

Family Court conducts itself differently than other forms of civil and criminal law. In family court, everything is based on the subjective decision of a judge or mediator. Such decisions are loosely based on certain guidelines and laws however there is rarely a firm rule of law requiring the judge to make a certain decision. Furthermore, such decisions or rulings rarely resolve the problem since there is often no apparent legal issue being argued. Wherefore MOST decisions involving custody, visitation and a myriad of related issues are very SUBJECTIVELY determined.

Most Judges and many legal experts will tell you that they don’t have the answers to solving a domestic law problem. They will be quick to point out that they are not experts when it comes to children, marriage and family. They are reliant upon other experts, such as child psychologist, medical doctors, marriage and family counselors, mediators and other trained individuals. Contrary to popular belief family law judges don’t simply sit at the bench and wait for individuals to plead their case. They would much prefer that litigants resolve the issues themselves through mediation, mandatory settlement conferences, arbitration, attorney meetings, counseling, guardian ad litem, minor counsel, children’s advocate, friend of the court, custody evaluator and other conflict resolution alternatives. ALL of these individuals and services are VERY SUBJECTIVE and their reports can vary from court to court, person to person, judge to judge.

It is well known that family law courts are highly dependent on these services. In fact, in cases involving custody and visitation issues, mediation is a requirement of law before the judge can even hear the case. Further, in most states attorneys are not allowed at these proceedings. It should also be considered that statistically mediation services are VERY successful and result in out of court settlement. Well over 90% of all family law cases never make it to trial. They are routinely settled at a simple hearing, mediation, arbitration, or by agreement between the parties. And that’s exactly what the Judges want!

I have been involved in the Father’s Rights movement for nearly 18 years now. I started Father’s Rights, Inc. in January of 1992 and began offering self-help legal assistance to men who simply did not have the money to hire an attorney. Many of these men had hired family law attorneys in the beginning but either ran out of money or became frustrated with the results and decided to take control and learn how the system works.

Let me be very clear! A family law attorney can never be your “knight in shining armor” that defends your personal honor before the court. They do little more than file paperwork and negotiate agreements. However, if the negotiations occur at the courthouse they will charge you court time of $300.00 to $400.00 per hour. Therefore, any party to a family law action should never solely rely upon an attorney to resolve disputed issues. You can do that yourself! Unless you are Bill Gates and have lots and lots of money to throw away, learn how the family law system works and check out your other legal options.

As previously discussed, family law attorneys are virtually useless in most family court cases. In fact they can (and often do) more to hurt your case than help it. Unless you have significant legal issues such as jurisdiction problems, complicated community property issues or some other difficult legal issue, avoid attorneys like the plague. Do not presume that your case will be anymore difficult than other cases. Further, don’t presume that you will need an attorney because of angry threats made by the opposing party or because you have been served with family law legal papers. Again, check out other legal options. Family law issues are easier to resolve than you might believe. In fact, many states have now become VERY user/self-help friendly making is easier to file court actions and represent yourself. Remember, attorneys are businessmen FIRST, Attorney’s SECOND!

The truth is unless you take control of your own case and learn how the system works no attorney or other legal profession can ever help you! A family law case stays open forever therefore you must commit to learning the steps you can take to win or, at least, improve your case. Again take the time to learn the rules of the game before you play. You can be sure your Ex has!

Finally, Family Law problems affect not only you but your new wife, parents, grandparents, friends and most significantly your children! Don’t wait any longer! Don’t wait until it’s too late! Make a commitment now to change your life and the lives of your concerned family members.

Your Advocate,

Mike L. Weening, Esq.

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Child Custody Law – What Factors Determine the “Best Interest of the Child?”

May 31, 2011 By Leave a Comment

By David Slepkow -

The Supreme Court of Rhode Island has been consistent about delineating the factors that The Rhode Island Family Court must analyze in determining Rhode Island Child Custody Cases. Child Custody battles in Rhode Island usually occur in the context of Divorce cases, Post Divorce cases or Miscellaneous Petitions between non married parents seeking custody.

The RI Family court must determine what is in the “best interest of the child” This is very subjective and analytical standard. It is advisable to contact a Rhode Island Divorce Lawyer or a RI Family Law Attorney to get legal advice concerning the facts and circumstances in your case. There are 8 basic factors that the judge should look at in determining the best interest of the child. These factors are used by the court in determining both physical and legal custody of children

“This [C]ourt has held that child-custody awards must be made in the ‘best interest[s]‘ of the child.” quoting Petition of Loudin “[T]he best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices.” Id. Several factors must be taken into consideration by the Judge in making a best interests of the child determination. However, no single factor is determinative; rather “[t]he trial justice must consider a combination of and an interaction among all the relevant factors that affect the child’s best interests.” Among the factors the court must consider are the following:

1. The wishes of the child’s parent or parents regarding the child’s custody.

2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may Significantly affect the child’s best interest.

4. The child’s adjustment to the child’s home, school, and community.

5. The mental and physical health of all individuals involved.

6. The stability of the child’s home environment.

7. The moral fitness of the child’s parents.

8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.” Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. 1990).

If a parent is trying to modify an existing Child Custody determination / Family Court Order then that parent must also prove a substantial change in circumstances since the last custody order. The Rhode Island Supreme Court ruled “Moreover, before a final custody decree can be reopened or amended, the moving party must establish by a fair preponderance of the evidence that the conditions or circumstances existing at the time the decree was entered have so changed that it should be modified in the interest of the children’s welfare.” Pettinato v. Pettinato “Until and unless the moving party meets this burden, the prior custody award should remain intact.” Id.

There is often conflicting allegations and factual disagreements concerning the above listed factors. Therefore, the Rhode Island Family Court relies heavily on psychologist, Psychiatrist, social workers, DCYFreport and the opinions of the Guardian ad Litem for the minor child.

In a Rhode Island Child Custody case a Guardian ad Litem for the minor child is usually appointed. A Guardian ad Litem is usually a divorce and family Law lawyer. The Guardian ad litem will do a thorough investigation which usually includes a home study, and an interview of both parents. The guardian will also review pertinent medical records, educational records for the child and other records related to the child. The Guardian’s role is to determine what is in the best interest of the child and report his or her findings to The Court.

A Guardian ad Litem is very expensive. The Guardian is not an attorney for the Children. The Guardians’ recommendations are usually adopted by the court.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.

David Slepkow is a Rhode Island Divorce Lawyer concentrating in Divorce, Family Law, Restraining Orders, Child Support, Custody and Visitation. David Slepkow has been practicing for over 12 years and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. Free Initial consultations. Credit Cards Accepted. You can contact RI Attorney David Slepkow by going to Rhode Island Family Law Lawyer or by calling him at 401-437-1100.

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Child Custody Law – The Role of the Guardian Ad Litem For the Minor Child in Family Court

May 11, 2011 By Leave a Comment

By David Slepkow -

In Rhode Island (RI), A guardian ad litem is a individual who represents the hypothetical best interest of the minor child in a child custody, visitation or other type of Family Court case. The Guardian is not a lawyer for the minor child!

Guardians are frequently used in in contentious custody cases when the parties can afford the additional expense.The judge could make an appointment or the parties can agree to a guardian being appointed. If the parties cannot afford a guardian, the court can have Rhode Island Family Services do a home study and investigation for free.

A guardian is typically an attorney / lawyer who has been certified by the Family Court. They are required to get certified by the Court after hours of training. They could also be a psychologist or psychiatrist. It is very expensive. Usually, both parties pay 1/2 of the expense. However, if one party has substantially more resources then the other party then that person may be ordered by the judge to pay up to 100 percent of the cost. If one person conduct caused the need for the guardian or is at fault they could be ordered to pay up to 100 percent of the cost.

A retainer usually averages between $2,000 to $4,000 depending upon the complexity of the case. This can be very difficult to afford in a Rhode Island divorce or custody case because both parties are paying their RI divorce attorney / lawyer.

In complex cases involving lots of evidence, witnesses and complexities, a guardian may cost substantially more then $4000. They bill on an hourly basis ranging between $150 to $250 an hour.

A guardian does not make the final decision as to which parent shall get physical placement or legal custody of the child. The judge makes the final decision regarding custody, visitation and physical placement / possession after hearing testimony at trial or hearing. The guardian drafts a report to submit to the Court with his or her findings and recommendations.

A Guardian ad Litem could be appointed in a dcyf case, divorce case, visitation case, custody case or other type of Family Court action.

The Guardian interviews both parents and interviews other witnesses involved in the childrens life such as teachers, social workers, guidance counselors, psychologists, psychiatrists, grandparents, aunts etc. The Guardian will have full access to medical records related to the child and perhaps the parents. He will have access to education, religious and other records related to the child. The amount of witnesses interviewed sometimes depends on whether the parties can afford additional work.

The guardian typically interviews the minor children about their opinions concerning legal custody, placement and visitation. The older the child is the more weight the he or she will give to the childrens preferences regarding custody or visitation.The guardian can recommend that other professionals get involved such as licensed clinical social workers, and psychologists.

Even though the judge makes the final decision regarding placement, legal custody and visitation, in reality the guardian’s report usually decides the issues. The judge typically adopts the recommendations of the Guardian. Both parties have the right to call the guardian as a witness and challenge the opinions and the basis of those opinions.

However, judges typically get frustrated by anyone who challenges the recommendations. It is extremely difficult to get a RI Family Court judge to not adopt the recommendations.

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, custody and visitation. David Slepkow has been practicing for over 12 years and is licensed in Rhode Island , Massachusetts and Federal Court. Free initial consultations. Credit Cards Accepted. Evening appointments available.

You can contact attorney David Slepkow by going to Rhode Island Divorce Lawyer

Also please visit: East Providence RI divorce Attorney

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Child Custody Character Reference Letters

April 8, 2011 By Leave a Comment

By Steven Carlson -

In order to win a child custody trial, every parent should provide adequate proof regarding his character, which includes behavioral aspects and mental attitude. One of the best means to validate this point is to get reference letters from persons who know the parent outside his office. These may include friends, relatives, teammates, fellow volunteers or neighbors who can certify a person’s personal attributes. Character reference letters are usually referred to as personal reference or personal recommendation letters.

These character reference letters have some subtle differences from the employment reference letter. These letters are usually written by persons who are acquainted with the parent including, friends, relatives and members of the family. They are written in a more informal language. These letters are more straightforward and describe about the personality of the parent. It always has a standard format and is not concentrated on the economic relationship. In character letters, usually the traits that are good are exaggerated and those that are bad and unacceptable are avoided.

A character reference letter usually consists of an opening that explains the relationship with the parent. It is followed by the body of the letter, where the entire description of the parent is penned down. And this is followed by closure of the letter where the referee recommends the parent. However, there are certain tips while writing these letters. Referees must take care to construct the letter based on the specific personal characters of the parents such as his parenting, commitment and attitude towards children. Many of these traits can also be emphasized by writing a short story about the parent that can aptly describe these traits. And the most important thing is to always avoid writing anything bad about the parent since it can prove detrimental to his child custody trail.

Child Custody Coach™ supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting techniques, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Costs!” is a unique child custody strategy guide provided as an E-Book for immediate access written by Steven Carlson who is known nationally as The Custody Coach™. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

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Child Custody, Parenting Plans, and Best Interests of the Child

March 24, 2011 By Leave a Comment

By Scott D Stewart -

Whenever there is a child involved in a couple’s break-up, major decisions on custody need to be made in that child’s best interests.

The custody issues that unmarried parents encounter in Arizona differ in some ways from those faced by their married counterparts. When unmarried parents have a child, but paternity, custody, and parenting time have not yet been established, then the instability and unpredictability of each parent’s access to the child can be very detrimental for everyone in the family.

Although an informal parenting agreement between unmarried parents may work for a while, it is inadequate for the long term. Remember that the long term is 18 years, unless the child is emancipated earlier. Informal parenting arrangements can be helpful for some couples in the interim, but they won’t help resolve problems when a parenting conflict arises.

Whether the couple is married or unmarried, either parent may seek to gain primary custody of the child. When the custody action is initiated, the court begins assessing what is in the best interests of the child.

Requirement of a Parenting Plan.

A court-ordered parenting schedule provides a defined, predictable custody arrangement that delineates the terms of access that both parents must abide by, and upon which the child learns to depend. The court’s order is enforceable, so the parties are not reliant on each other’s good will to strengthen and maintain a solid parent-child relationship.

The well-devised parenting plan is made a part of the child custody orders that render it fully enforceable. When a custody proceeding is pending and the court is asked to order joint custody, or shared parenting, three requirements must be met:

1) Both parents agree to joint custody.

2) Joint custody is in the child’s best interests.

3) A written parenting plan is submitted to the court.

With Arizona’s co-parenting model, when the parties seek joint custody, they are required to submit a written parenting plan to the court. Under A.R.S. § 25-403.02, the minimum plan requirements must include a section addressing each of the following:

1. Each parent’s rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training.

2. A schedule of the physical residence of the child, including holidays and school vacations.

3. A procedure by which proposed changes, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.

4. A procedure for periodic review of the plan’s terms by the parents.

5. A statement that the parties understand that joint custody does not necessarily mean equal parenting time.

The court may also examine other factors that might improve the child’s “emotional and physical health.” Whenever the parents are unable to agree on any aspect of the plan, the judge will decide the parenting issue for them.

Specific to the Child’s Needs.

Parenting plans must be child-specific to pass muster. Each parent must be prepared to demonstrate how he or she will accomplish the following:

  • Properly care for the child while away at work.
  • Make adjustments to the work schedule as needed.
  • Be flexible with needed care for the child.
  • Transport the child to activities and events.
  • Be as involved in the child’s life as the parent claims he or she wants to be.

Although the parents may choose their own words in describing their agreements, they should choose those words very carefully. The parents may agree to associate specific definitions to words written into the parenting plan. For example, they could agree that “a day” shall mean “24-hours” and not less. The agreed upon terms and their respective definitions would be written into, and become a part of, the parenting plan — those terms are very important to interpretation and implementation.

When the parties do not define any terms specific to their parenting plan, the court will apply default meanings in its interpretation, for example:

  • A “day” is eight consecutive hours or less.
  • A “weekend” starts at 5:30 p.m.Friday and ends at 6:00 p.m.Sunday.
  • A “mid-week” visit is from 5:30 p.m.to 8:00 p.m.on Wednesday (not overnight).
  • The “holidays” includes Spring break, Thanksgiving, and Christmas.

In preparing a parenting plan, both parties are best served by analyzing every possible situation that could reasonably occur in the child’s life, and plan how best to deal with each of those situations. By going through that process, as involved as it is, they will reduce the likelihood of the family court making parenting decisions for them.

Scott David Stewart, a Martindale-Hubbell AV-rated attorney, is the founder and principal of the Law Offices of Scott David Stewart, pllc.

The Law Offices of Scott David Stewart, pllc, an Arizona divorce and family law firm with offices in Phoenix and Chandler, represents clients in Phoenix, Chandler, Scottsdale, Mesa, Gilbert, Glendale, Peoria, Tempe and Surprise. Areas of practice include divorce, child custody, parenting time and visitation, child support, spousal support (alimony), property and asset division. Every case accepted by the Law Offices of Scott David Stewart, pllc, receives personal attention, careful meticulous preparation, skilled negotiation, and aggressive litigation. The firm’s website is http://www.SDSlawaz.com.

The firm will continue focusing on family law, including divorce, child custody, parenting time and visitation, child support, spousal support (alimony), and domestic violence.

Article Source: http://EzineArticles.com/?expert=Scott_D_Stewart
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Child Support in the Arizona Family Court: How Do Social Security Benefits Affect Calculations?

March 9, 2011 By 4 Comments

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: www.wilcoxlegal.com

Check out our weblog: http://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

Filed Under: Child Support, Family Court Tagged With: , , , ,

Should Family Court Proceedings Be Considered Only As a Last Resort?

January 20, 2011 By Leave a Comment

By Mark J Worden -

Any family lawyer with Court experience is likely at some point or another in their career to have had a situation where a Judge has passed comment about how the Court is to be considered as the forum of last resort with it being hoped that individuals can, where possible, resolve issues between themselves with the minimum amount of conflict.

In a similar vein, the Conservative MP for Huntingdon, Jonathan Djanogly, has been reported as saying that there should be more use made of mediation as an alternative to using courts in civil and family law disputes. He is quoted in the Government Gazette as saying ‘All too often court has been seen as the first, rather than the last, resort for dealing with disputes. We want to encourage people in disputes to play a greater role in resolving them themselves, in both civil and family issues.’ He is also reported as saying ‘Our evidence shows that mediation can be quicker, cheaper and provide better outcomes than going to court.’

We at Stephens Scown are always careful to ensure that a case by case assessment is undertaken in order to ascertain whether it could beneficial to a client to offer mediation rather than perhaps applying to the Court at that stage. Mediation does not prevent a Court application being made in the future. Indeed it is often the case in publicly funded family matters (i.e. legally aided family matters) that mediation is expected to be attempted before the Legal Services Commission will consider an application for legal aid – that is to say unless there are specifically defined circumstances that apply, for example, mediation will not necessarily be a prerequisite in circumstances where there has been domestic violence.

There can be no doubt that the effectiveness of mediation is something that needs to be borne in mind when considering what route a case should take but it must also be considered that no two cases are ever alike and, as such, what is good for one may not be good for another and it is this bespoke level of service that a client should come to expect. To this end, we at Stephens Scown will ensure to discuss your options with you at each juncture in an effort to make certain that your case is taking a route that you not only understand but which you are also in agreement with and, if mediation is considered the best way forward, then Stephens Scown are able to access that for you.

There are of course some cases where mediation will not be suitable and so an application to Court is not only a necessity but can in fact be the making of the case, for example, by putting in place a court managed timetable that then spurs on a party that had been seeking to delay matters, or by removing power that one parent had been seeking to wield over the other in an effort to bully them into agreeing to exactly what they want or by providing a vulnerable person with the protection of the Court. There are, not surprisingly, numerous other occasions when an application to the Court is exactly what is needed and so the important point is to strike the right balance based upon the individual needs of the client.

Stephens Scown has top rated family solicitors based in its offices in Exeter, Truro and St Austell.

A Family Solicitor can advise clients in a wide range of family law issues including divorce and family finance.

Its family solicitors advise on a wide range of family law issues including divorce and family finances.

Article Source: http://EzineArticles.com/?expert=Mark_J_Worden
http://EzineArticles.com/?Should-Family-Court-Proceedings-Be-Considered-Only-As-a-Last-Resort?&id=5597936

Filed Under: Child Custody, Child Support, Family Court Tagged With: , , , ,

Determining Child Support

January 13, 2011 By Leave a Comment

By James Witherspoon -

It is not easy to determine an amount for monthly child support payments. There are many considerations that must be taken into account, and every family situation is different, so there is not one payment amount that is right for every family. It can also be difficult for both parents to agree on a fair amount. Therefore, decisions over child support can take a long time to establish, and may be modified at a future time.

Support payments are meant to be a way for both parents to contribute to raising a child. If one parent has sole-custody of a child, the other parent is not off the hook. A support amount will be assigned to them to help pay for the child’s necessities.

When establishing child support payments, there are two main considerations taken into account. The first is the everyday and long term expenses of each child. It is likely that payments will have to made until the child is 18 at the least. All upcoming life-events and necessary expenses should be carefully considered and are important to think about when determining a fair amount. The most costly of these expenses include the child’s education, health insurance, and day care.

Additionally, the financial situations of both parents will play a large role in determining how much money they will each need to provide for their child. A custodial parent may not be as financially stable as his or her ex-spouse. Therefore, even if a child is not living with the parent, they may be responsible for a large portion of their child’s overall expenses.

If you are looking for more information on establishing child support payments, visit the website of the Houston child support attorneys of Garg & Associates.

Article Source: http://EzineArticles.com/?expert=James_Witherspoon
http://EzineArticles.com/?Determining-Child-Support&id=5672769

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