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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.

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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.

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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.

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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.

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Self Help Child Custody – 4 Tips to Gain Child Custody With Subliminal Help

January 3, 2011 By Leave a Comment

By Nelson Berry -

Are you facing a child custody battle? Such battles can be very complicated. The court takes several factors into consideration when deciding who to best award with custody of a child. For the best interest of the child, the court will choose the parent who meets the following criteria:

· Financially stable

· Mentally and physically healthy

· Provide a safe environment for the child

· Has a stronger parental bond with the child

· Preferred by the child if the child is older than 12 years old (this is not a major criteria since children are usually expected to choose parents who will be more permissive or less strict)

Now, you have enough time to prepare your case, so make sure you use that time wisely. Preparation can greatly improve your chances. Here are a few tips that should come in handy.

1. Watch out for the blows. Since you are competing with another person, you should expect some blows from the opposition party. The other parent is expected to pinpoint certain sides of your lifestyle and your personality to try and put you in a negative light. No one is perfect, so somewhere along the way, it is normal that you made some mistakes. And the other party can easily take advantage and distort these mistakes to show that you are irresponsible and do not deserve custody.

And remember, once the other party starts giving the blows, don’t be tempted to take out your own guns. Playing the blaming game won’t add any points in your favor. The parent who acts most maturely and reacts more rationally will get extra points for being emotionally and mentally stable throughout the process.

You may view some subliminal videos before going to court; these videos can help clear up your mind and enable you to think and react more sensibly. They can also help boost your confidence and charisma so you can exude a calm and confident aura that may just improve your image in the eyes of the judge.

2. Work out your schedule. Being a parent is not about holding the title of “mother” or “father.” It’s about who really takes time for the child, who has spent more meaningful experiences and bonding times with the child, and who has taken an active participation in the life of the child.

Due to the growing concern for children’s welfare in this society where both parents usually now work, the court also looks more kindly upon the parent who spends more waking time with the child. So before your schedule can be used against you, make sure to work it out before the trial. Spend more time with your child, be involved, and open communication lines.

There are also some subliminal videos that can help develop better time and task management skills.

3. Participate in Parent-Teacher Association. There are extra points for the parent who actively participates in Parent-Teacher Association in the child’s school. Participation shows that the parent has an active interest in the education of the child.

4. Clean up your act. Do you have any bad habits that can be used against you? Whether you want to face the facts or not, your ties with alcohol or drugs can greatly endanger your case, even if you ace all other factors in the criteria. Alcohol or drug habits indicates that there is a chance that the child may be subject to negative influence or alcohol and drug abuse as well.

One of the fastest and most effective ways of attaining freedom from these negative habits is the use of subliminal messages. Subliminal messages are effective in removing habits that have embedded themselves in your personality. Just by watching subliminal videos every day can bring such a huge improvement and finally sever the ties you have with these endangering habits.

Nelson Berry is the Pioneer of Subliminal Video and Subliminal Audio Subliminal Messages. Click either link to get 4 Free Subliminal Video Downloads (valued at $160). Click now.:)

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

December 16, 2010 By Leave a Comment

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: , , , ,

Problems in Family Court That Fathers Should Prepare Fo

December 15, 2010 By Leave a Comment

By Shane Flait -

Problems with the family court setup include laws that are discriminatory to whoever becomes the non custodial parent – overwhelmingly the father. But as bad these laws are, their administration is worse. Fathers can’t depend on lawyers to defend them effectively in this process.

This article overviews problems in the family court setup which fathers should guard against.

Family court typically awards the mother custody of the children while making the father a noncustodial parent obliged to pay up to a third of his income in ‘child support’ payments. That’s because

* The court asserts that it can decide who will get custody of the children based on the judge’s determination of ‘best interests of the child’ and

* Family court judges adhere to views that discriminate against fathers – and for mothers – as parents.

The first point violates of one’s constitutional right to parent. Denying that right requires the court to prove the father is unfit to parent with a jury trial by clear and convincing evidence. Constitutionally, the ‘best interest of the child’ resides in a fit parent, not the state!

The second point violates equal protections of the 14th Amendment, not to mention invidious discrimination.

But even under family court laws and rules fathers must prepare to protect themselves against court personnel. They often disregard rules they’re supposed to follow. The main characters in family court are the judge, the parents’ lawyers, and guardians ad litem. Knowing what their job is and where they can go wrong is important.

* The judge: his job and where he may go wrong:

There is no jury in the family court. So in a divorce trial, the judge decides – according to the record, evidence, and testimony before him – what the ‘true facts (called ‘findings of facts’) are. Then he makes his final judgment (i.e. a set of orders) which should be consistent with these findings of facts.

The trial judge can make mistakes (called errors) when his findings of fact are clearly not consistent with the record or what was proved in the trial. He may also misapply the law to his ‘findings of fact’.

* The wife’s lawyer: what he tries to accomplish:

Typically the wife’s lawyer will make the father out to be bad father, a controlling husband, maybe abusive to wife and/or children, unable to care adequately for children, and making a lot of money – or should be making a lot! That’s because they want to show

* It’s in the best interest of the children to make the father a noncustodial parent, and

* He should pay as high a child support payment as possible

The wife’s lawyer may coach the wife to misrepresent or distort the facts and create unsupported accusations against the husband. He’ll not the let the wife settle without an outrageous settlement in her favor.

He’ll try to force the father into an unreasonable settlement because, unfortunately, the trial judge will probably make a heavy judgment against the father. He may try to force a settlement by bringing the father to court often to run up his lawyer bills and the father may be told to pay both his own and his wife’s lawyers’ fees.

* Where does the father’s lawyer goes wrong?

The father’s lawyer should prepare well to defend against all accusations. He should require clear evidence for any accusations, be aggressive at defending the father and go after the wife’s character for making such unfounded accusations.

Unfortunately, his lawyer often doesn’t spend the time to create a good defense, effective briefs and supporting citations so he can force the judge to rule more in the father’s favor. It’s too much work. He won’t buck the system – where judges are clearly pro-wife or mother – by aggressively objecting, or even appealing. He’s worried about suffering the anger – unjustified as it may be – of the judge who the lawyer must see all the time in his work.

* Guardian ad litem (called GAL for short: What is his job?)

He or she to evaluates your children and their relation to you.

Where do GALs go wrong? They’re appointed by a judge who continually recommends those who find ‘things’ in a way that the judge wants things found. There are really no requirements to be a GAL. Any lawyer can request to be an evaluator of your children and their relation to you.

* Where fathers go wrong:

Fathers make the mistake of remaining unwitting pawns in this game. Fathers must get ‘in the know’, and take aggressive action to control their case to minimize the damage to themselves. If need be, they should go pro se, if their lawyers are unwilling to effectively fight for the father’s fundamental rights.

Shane Flait gives you the capability you need to fight for your rights.

Get his FREE Downloads at http://www.FathersRightsLegalAid.com.

Take his ecourse: How to Handle Your Family Court Case at http://www.FathersRightsLegalAid.com.

Article Source: http://EzineArticles.com/?expert=Shane_Flait
http://EzineArticles.com/?Problems-in-Family-Court-That-Fathers-Should-Prepare-For&id=3701586

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