AZ Courts | Family Law |

Bugging and Tape Recording Conversations in Arizona: Is it Legal?

May 9, 2012 By Maricopa County Court Leave a Comment

Lawyers often receive inquiries about the legalities of recording phone or other conversations in Arizona. In particular, the issue frequently arises in family law cases where child custody is at issue. Related to the recording issue is the “bugging” issue.

There are a number of variables that affect the answer to the central question, whether it is legal to either record or even bug conversations. First, bugging and recording are two different issues under Arizona law, often related, but also potentially very different under the law. Second, the laws regarding bugging and recording vary significantly by jurisdiction so what is legal in one state may be illegal in another. As well, the federal law may vary from state laws.

The following is a very brief analysis of the bugging and recording law in Arizona:

A. Bugging, otherwise known as wiretapping, typically means placing a device on a phone that allows one to eavesdrop on a conversation or other transmission. Bugging by a private party is considered illegal almost all of the time for two reasons primarily: First, it allows someone to listen to a private conversation between two or more unsuspecting parties. Second, bugs are usually placed without permission so you have a number of infractions inherent in such trespass-like activity. If you suspect someone has placed a bug on your phone or other device, you should call the police.

B. In the case of a telephone or in-person conversation, recording simply means making a copy of the conversation between two or more people. Recording is illegal in Arizona if NO party to the conversation knows that the conversation is being recorded. However, in Arizona, and this varies by state, if one party to the conversation knows that the conversation is being recorded, it is not illegal. Thus, if someone tape records a phone call or conversation involving him/herself and another person, even one who is unaware of being recorded, that’s legal in Arizona. If the same person taps into a phone line and records a conversation between two people who are unaware they are being recorded, it is ILLEGAL. Arizona and federal law are similar in this respect; however, recording conversations is illegal in certain other states unless all parties know of the recording and consent. There may be some cross-jurisdictional issues involved when tape recording a conversation across state or national boundaries. Prior to tape recording, I recommend that you consult an attorney in the appropriate jurisdiction.

In summary, bugging/wiretapping is always illegal while tape recording is legal in Arizona as long as one party to the conversation is aware the conversation is being recorded. However, don’t make assumptions about the law in other states -consult an attorney to determine what is allowed.

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 web log: 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 apply only to 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 court 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 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 currently carries a +3.9 handicap.

Article Source: http://EzineArticles.com/?expert=Trent_Wilcox
http://EzineArticles.com/?Bugging-and-Tape-Recording-Conversations-in-Arizona:–Is-it-Legal?&id=18097

Filed Under: Child Custody, Family Court Tagged With: Arizona, bugging, Family Law, lawyers, recording conversations, tape recording, taping, wiretapping

Family Law and Child Custody

March 27, 2012 By Maricopa County Court Leave a Comment

By Mark Middleton -

The bold statement saying that “50% of all marriages in the United States will end in divorce” has had many people concerned. Did you know that approximately 67% of second marriages and 74% of third marriages end in divorce? It’s scary and an altogether crushing fact to face. However, it also leaves many families and couples looking for answers and professional legal help. Although divorce rates are lower for couples with children, the process of separating is much more serious.

The first and main concern of family law is what will happen with the kids. Child custody is left in the hands of a judge if an agreement with the parents cannot be made. Should the decision be left up to the judge, there is a lot of work to be done by the parents. Each will have to state their case for deserving custody. A judge will make this decision based on facts and what the best interest is for the minor child. Parents are reminded that attacking each other in court and only providing negative “facts” about each other is not something that will win a case. The judge is looking for things like school attendance and performance and witnesses that can describe their relationship with the child or children. They will be looking for mental and financial stability along with the amount of time the parent has to spend and nurture the minors. What is the parent’s relationship like with other adults? Are they able to take care of the children for extended periods of time? Rarely do they call a minor to the stand, but if they are age appropriate and both attorneys and circumstances approve, then they may be allowed to have their opinion included in the judge’s decision. These are just a few examples of what is considered in determining child custody.

There are two types of custody: physical and legal. If a parent has legal custody then they have full decision making rights. They are in charge of making all the major decisions. Physical custody is where the children are primarily living at that parent’s home, but both parties must agree on major life decisions regarded the minor.

Divorce can have a huge effect on the children. Many times they are too young to understand. It is important that everything is brought to the table when deciding custody. This decision is absolutely made in the best interest of the child and anything that proves that should be considered in court.

Family Law Raleigh

Chapel Hill Family Law

Article Source: http://EzineArticles.com/?expert=Mark_Middleton
http://EzineArticles.com/?Family-Law-and-Child-Custody&id=6949991

Filed Under: Child Custody Tagged With: arizona family law, Child Custody, Family Law

Child Custody For Fathers to Help Dads in Their Case

June 22, 2011 By Maricopa County Court Leave a Comment

By Justin DiMateo -

“Custody for Fathers: A Practical Guide Through the Combat Zone of a Brutal Custody Battle” is a book completed by an experienced family law attorney Michael Brennan focused on the area of child custody.

Reviews coming in for this book claim that finally a well written book made for fathers combating their ex-spouse for child custody has arrived. It offers a positive, hand-holding strategy to give dads the additional self-confidence to do the right thing. The details given are such that you are instructed on the proper body language for the courtroom.

Some dads are mistaken in the thinking that if you permit the mom to have 100% or full custody that they can return later in a couple of years and get joint custody, but this is far from the truth as it is a rare occurrence.

It is vital that fathers establish themselves prior to acquiring custody. The moment you lose custody, your chances of maintaining an active role in your child’s life decrease. Allowing full control by your ex-spouse can be tragic if the divorce was combative since it is well documented with cases whereby mothers have brainwashed their kids against their father.

Do you really want your ex-wife to control all the major decisions and factors of your child’s life that a Dad should do or customarily does.

When it comes to acquiring child custody from a divorce and fighting for the optimal interest of your children, you have to put up a mighty forceful fight. There is no area for doing it half-way for lack of knowledge. The old adage of knowledge is power definitely applies. Wouldn’t you as a Dad like to teach more adages to your child?

It is mistakenly thought that dads can easily gain either sole or joint custody of their children. This is not true. And this book emphasizes the significance of getting a successful child custody strategy in place in the beginning. If this is done half-way, to put it lightly, then it is very hard to modify the current agreement, especially if it was inserted by the court from the collapse of the parent’s relationship.

It is important for fathers to completely know how the legal system operates, how the child custody laws are different in various states and how to do the best they possibly can when custody analyzing is being performed.

Another testimonial from a reviewer, “I feel confident that the information in this book will assist me in raising my chances at a minimum of being able to spend time with my child, counter-acting the negative efforts of the mom. The book is without a doubt worth the minor investment and time to be able to spend time with your child.

Justin suggests you get this book and choose a lawyer who specializes in the field and get yourself informed thoroughly.

Find a child custody lawyer to help your cause and remain present on your child’s life.

Article Source: http://EzineArticles.com/?expert=Justin_DiMateo
http://EzineArticles.com/?Child-Custody-For-Fathers-to-Help-Dads-in-Their-Case&id=3537957

Filed Under: Child Custody, Family Court Tagged With: attorney, book, Child Custody, Divorce, Family Law, father, lawyer, reviews

Common Mistakes People Make When Representing Themselves in Court

May 9, 2011 By Maricopa County Court Leave a Comment

By Scott D Stewart -

In propria persona, pro se = Latin; in one’s own person, on one’s own behalf.

There is rarely a “quickie divorce” these days, especially when children are involved. Numerous assets or a marriage of long duration can also complicate matters. Divorces can take up to a year to complete, making the hiring of an attorney an expensive proposition. There are many reasons why people choose to represent themselves in Arizona’s Family Law Court, opting not to hire any attorney at all. Whatever your reasons, if you’re contemplating going forward in your divorce without an attorney, then this article is for you. We’ll discuss some common pitfalls for parties flying solo, pro se.

Reasons why parties represent themselves in Family Law Court

1) They distrust attorneys.

2) They want to save money.

3) They don’t want any legal gamesmanship benefiting the lawyers’ bank accounts.

4) They want to fast forward to a settlement and final decree, without outside interference.

5) They want total control over their family law case.

Reasons why parties regret representing themselves pro se in Family Law Court.

1) They now realize how much they don’t know about the law.

2) They are immediately overwhelmed and overburdened because of the time it takes to prepare for every procedure in the case.

3) They have lost themselves in the Court rules, the procedures, the schedules, the deadlines, the evidence, and the substantive laws.

4) They lose on issues to the opposing party, who has an attorney with the attending legal knowledge to get an edge in seemingly every proceeding.

5) They give in and hire counsel late, after the divorce is well underway.

The mistakes resulting from pro se inexperience may cost even more money in damage control and do-overs.

Mistake #1. Emotional aspects unique to divorce and child custody make pro se representation challenging.

Representing yourself in a simple divorce without children, assuming there are no complex property issues involved, could be manageable for you. But going pro se in a divorce with children is much more complicated. You need to understand and appreciate how your emotional involvement — your intangible personal stake in the matter — will affect your ability to efficiently and persuasively present your case.

Deciding to end the marriage is difficult in and of itself, but going through a divorce can take a substantial emotional and financial toll if you are not very prepared. Keep your expectations realistic and focus on doing what you can to present your best case. You must separate logic from emotion, as difficult as that may be when the issues involve your children, your spouse’s infidelity, and other heart-wrenching circumstances.

Mistake #2. No special treatment for pro se litigants from the Court.

A fairly common mistake relates to the Judge’s treatment of pro se litigants. Pro se means you’re not represented by legal counsel. It does not mean “here’s a free pass” for not following the procedural rules, rules of evidence, and local rules of Court. The Judge holds pro se litigants to the same standard of knowledge as attorneys licensed to practice law. Furthermore, Family Law Courtis focused on following the law, not in assessing fault and dispensing punishment. So don’t expect to use the Judge as a tool to punish the other party. If children are involved, the Court will do what is in the best interests of the children — which usually means taking every measure to ensure both spouses remain involved in their children’s lives.

Mistake #3. Common procedural mistakes made by pro se litigants.

Here’s a quick list of common procedural mistakes made with Court documents and filings. The pro se litigant:

– Did not sign the Court documents before filing them.

– Did not verify a document under oath when required.

– Did not include the required attachments, or exhibits, when filing.

– Did not know that everything filed in Court must also be served on the opposing party.

– Did not provide any instructions to the sheriff or process server to locate the other party for service of Court papers.

– Did not provide the correct filing fee.

– Did not explain any details in the allegations, or statements.

– Did not understand the meaning of each allegation.

– Did not fill-in all the blanks in the Court-approved self-service forms.

– Did not indicate other related or pending cases (a problem in family Court with multiple support, visitation, child custody, and divorce issues).

– Did not submit a proposed order for the Judge to sign.

Mistake #4: Failing to fully comprehend what they are signing.

One common mistake pro se litigants make is signing off on documents a little too eagerly. When the parties sign an agreement in a divorce, it is binding and they are responsible for having full knowledge of its content. If a provision is not detailed in the written agreement, it probably isn’t binding. That the pro se litigant has a full and complete understanding of any document to be signed is crucial in a divorce.

Signing documents you do not fully comprehend is never a good idea, under any circumstances, yet people do it all the time. You take the offered pen, you sign your name, and then you ask “Does this mean I still get the kids on holidays?” This is not the time to be shy or intimidated about asking questions regarding any aspect of your divorce or child custody. Also, take care to read everything that opposing counsel prepares to ensure accuracy. No one is infallible, and once errors are entered into the record, they can be a real hassle to get changed or corrected.

Mistake #5. Failing to properly request in Court documents what is wanted.

The pro se litigant needs to know the procedural rules that all parties are required to follow in Court. The Arizona Rules of Family Law Procedure are very clear about proper pleading — how to properly bring an issue to the Judge. Failure to properly “motion” the Court on an issue can cause unnecessary delays and may even mean losing on that issue. The rules of Court are there, in part, to provide a fair and even playing field. In the interests of justice, and fairness to both parties, pro se litigants have to present their requests in proper form just like everybody else.

Requests in the form of Motions.

In the petition for dissolution, the requested relief is for the Court to dissolve the marriage. There is a lot of territory to cover between the petition and the dissolution, during which motions are filed by both parties. Motions are really fairly simple conceptually, they are formal written requests made by a party, or movant, and filed with the Court. In general, all motions must be properly served on the other party so they can respond with a reply. (Ex parte motions are the exception, not the rule.)

Every motion has a clear purpose and a specific desired result. For example, there is the Motion for Temporary Orders, the Motion for Custody Evaluation, the Motion for Parenting Conference, and the Motion for Mediation. Just because a party asks for the relief, doesn’t mean they’re going to get it. But the party definitely won’t get what is not properly asked for. No matter what is being requested, assume there already exists a proper form of motion tailored for that precise matter, and use that form.

Mistake #6. Mandatory Parenting Plans in Arizona.

Arizona parents sharing joint legal custody must have a written parenting plan. These plans assume a co-parenting model that addresses, specifically, matters of legal custody, shared rights and privileges, and scheduled parenting time. Creating a parenting plan takes time and thoughtfulness. There are many issues to consider, only one of which is child development.

Failing to have a clear and specific parenting plan.

We’ve seen more than our fair share of internet “one size fits all” parenting plans, found on a myriad of promotional websites. While EZ-parenting plans may look proper, they rarely pass muster and are painfully vague and ambiguous. Remember, we’re talking about addressing the needs of children — vague and ambiguous parenting is not an option. For example, these run-of-the-mill parenting plans often state “parenting time is as agreed upon.” Well, if it hasn’t been written down yet, then there isn’t a parenting plan. These internet plans are usually silent on issues involving the children’s extracurricular activities, too. Exactly how will summer vacations be scheduled? How will out-of-state travel be managed? The pro se litigant should think of the parenting plan in this way: “I’m planning now, how each day in my children’s lives will be handled — one child at a time.”

Tasks you must be able to handle competently when representing yourself in Court.

Here’s what you should be handle if you go ahead with your case pro se:

1) You understand what you are required to do and you follow directions precisely.

2) You stay very well-organized.

3) You perform sufficient research to understand the substantive and procedural laws applicable to your case.

4) You practice your public speaking skills so you can present your case successfully and with authority.

5) You keep a cool head, staying calm and rational under pressure.

Scott David Stewart is an attorney practicing family law in greater Phoenix, Arizona. He is AV Rated by Martindale Hubbell, has a perfect AVVO Score of 10.0/superb, and is a member of the State Bar of Arizona, American Bar Association-Family law Section, and Maricopa County Bar Association-Family Law Section. Prior to forming the Law Offices of Scott David Stewart, he worked as Deputy County Attorney for the Maricopa County Attorney’s Office where he honed his trial skills and developed strategies for success that he continues to use and implement in his law firm today. His experience as prosecutor opened his eyes to the need for passionate legal representation for children during divorce proceedings. Children’s voices and needs are often relegated behind the desires of their parents. Stewart’s number one goal is to ensure that children are the focal point of any dispute between parents.

Article Source: http://EzineArticles.com/?expert=Scott_D_Stewart
http://EzineArticles.com/?Common-Mistakes-People-Make-When-Representing-Themselves-in-Court&id=5451577

Filed Under: Child Custody, Family Court Tagged With: Arizona, best interests, Child Custody, Divorce, Family Law, marriage, Mediation, Parenting Plan, pro se

Child Custody Lawyers – How to Find the Best Attorney & Win Your Cas

April 26, 2011 By Maricopa County Court Leave a Comment

By Joan Baker -

Family law is not something you should tackle alone. The most important thing in your child custody case is to find a good attorney. Most people will start looking with a quick internet search; Googling something like “Florida child custody lawyer” or “Florida family law attorney”.

There is nothing wrong with starting out your search this way. The problem is many people end it there as well.

They find an advertisement for a Florida child custody lawyer, check out their site, and then hire them at the first meeting.

It’s a risky way to approach such an important decision.

Finding the RIGHT attorney is vital in this process.

They really can make the difference between winning and losing.

So how do you find the best child custody lawyer in Florida, or whatever state you reside in?

Here are a few good places to start:

1. See if you have any attorneys in your area who are members of the American Academy of Matrimonial Lawyers. These attorneys are experts in family law and tend to be some of the best and most dedicated out there.

2. If you have issues with a vindictive or abusive ex, you can check out local domestic violence meetings for support and advice. Many of these women have had extensive dealings with family law and the courts. They can be a wealth of information about attorneys and judges in your county.

Once you’ve picked a few family law attorneys who you think might be good, do a little research on them. Check the state bar association website to see if there are any infractions against them.

Google their name and see what comes up. (Sidenote: You should also do the same for your judge, if you already have one assigned.)

If you still think they might be a winner, interview them and ask probing questions about family law and your specific case. One thing you should ask them is how busy they are with their current caseload and what is the expected time to return calls and messages. Most lawyers are notoriously bad at this and you need to know, if something comes up, how much support you’ll have available, and how quickly.

When looking for a qualified child custody lawyer in Florida, or whatever state you reside, remember, a little extra research will put you miles ahead of the game.

To get the 9 critical strategies for winning child custody when dealing with irrational, vindictive or abusive ex’s, click here: http://www.winning-child-custody-strategies.com

Joan Baker is an expert in child custody after going through her own custody ordeal, researching the laws and now helping other women going through the process.

Article Source: http://EzineArticles.com/?expert=Joan_Baker
http://EzineArticles.com/?Child-Custody-Lawyers—How-to-Find-the-Best-Attorney-and-Win-Your-Case&id=1258208

Filed Under: Child Custody, Family Court, Uncategorized Tagged With: Child Custody, child custody lawyers, Family Law, florida child custody lawyers

Family Law Reasons to Go to Court

April 18, 2011 By Maricopa County Court Leave a Comment

By Aaliyah Arthur -

There are several different situations that might have you looking for a family law attorney. Some issues involve marriages, some involve children, and others involve families as a whole. Sometimes it might seem easier to go without representation in these situations, but this can lead to even more problems in the long run. No matter what the case is, be sure to choose the right lawyer before going to court.

Divorce

Some cases in family law revolve around marriage. Joining into marriage seems to be pretty easy, but getting out is a different story. If a marriage is coming to an end, each person should get an attorney. Many times this begins in separation but then turns into divorce. In this situation an attorney is present for each side, the husband and the wife. There is not only the matter of ending the marriage, but also dividing up the property and assets. An attorney makes sure that each person gets what they are supposed to in the settlement.

Custody and Visitation Rights

Family law is also involved in the lives of the children effected by divorce and separation. It is important to find out which parent is going to be responsible for the children or how the custody is going to be shared. In either case an attorney for each side can represent their clients’ interests to make sure that the best placement possible takes place.

When one parent receives custody of the kids there is also the matter of child or spousal support that needs to be arranged. Because it deals not only with family law, but also with finances, it is important to make sure that you are well represented. Usually once something is decided, it can be very difficult to get the judge’s orders changed.

Problems with Delinquencies

Juvenile delinquents are also covered under this jurisdiction. When an underage person commits a crime an attorney is called to represent them. Because they are not adults, there are things that need to be taken into consideration. They are not usually tried in the same was as adults, therefore their representation needs to be different as well. A lawyer in this field will be able to advise the group, as well as the individual on the best course of action possible.

Adults and Children

Many of these cases deal with both adults and children. Because of this, try to find someone that is going to be able to work with each member of your group to get a satisfactory outcome. It can be a challenge because of some of the differences with this part of the legal system, the intricacies and the different protocols, so finding a person well versed in how things work when it comes to family law is a real asset to have on your side.

Be sure that you can learn as much as possible about all of the options and alternatives that are available to you as either a minor or someone involved in a relationship that would bring you into court under this group of rules.

Considering separation or divorce? To help you through this difficult time, a family law Flagstaff attorney can help. Click here for more information: www.reedlawaz.com.

Article Source: http://EzineArticles.com/?expert=Aaliyah_Arthur
http://EzineArticles.com/?Family-Law-Reasons-to-Go-to-Court&id=5977902

Filed Under: Family Court Tagged With: Family Law

Establishing Parental Support Obligations Using Arizona’s Child Support Guidelines, Part 1

March 16, 2011 By Maricopa County Court Leave a Comment

By Scott D Stewart -

Each state has adopted guidelines setting automatic rates of child support. The support is based on specific criteria relating to income and the number of children in the household. In this state, support payments are based on the Arizona Child Support Guidelines, the current version of which became effective on January 1, 2005.

In every child custody case there will a determination of support for the child. Under our guidelines, support payments are in an amount calculated to meet the reasonable needs of the child for health, education, and maintenance. To learn what is involved in establishing a monthly support amount, we look directly to the guidelines.

What purposes do the support guidelines serve?

The Arizona Child Support Guidelines serve four fundamental purposes, as follows:

– They “establish a standard of support for children consistent with reasonable needs of children and the ability of parents to pay.”

– They “make child support orders consistent for persons in similar circumstances.”

– They “give parents and courts guidance in establishing child support orders and to promote settlements.”

– They are designed to “comply with state… and federal law…”

What are the premises of the support guidelines?

The guidelines include seven premises predicating their application to every support case. These include the following:

–The guidelines apply to all children. Whether adopted or born out of wedlock, it makes no difference for child support purposes. Every child is covered under the guidelines.

– Support is a priority financial obligation. A parent’s other debts are not considered in determining his or her share of support.

– The duration and amount of spousal maintenance, if any is to be awarded, is determined by the judge before the parents’ respective child support obligations are established.

– Every parent has a legal duty to support his or her natural or adopted child. Support of a step-child is not a legal duty, and so is purely voluntary.

– Under certain circumstances, the custodial parent will pay support.

– Support is calculated on a monthly income basis. Adjustments to the support are annualized to achieve a monthly figure. This allows for an equal monthly distribution of the cost item over the course of a year.

– The basic child support owed is capped when the parents’ combined adjusted gross income reaches $20,000 per month. Also, the basic child support obligation is capped with the sixth child.

What presumptions are made in the support guidelines?

In any action involving child support, the amount calculated under the guidelines is presumed to be the amount the court shall order paid. The court can make an exception if the result using the guidelines would be unjust or inappropriate under the circumstances. In that situation, the court may deviate from the guidelines by increasing or decreasing the amount of support.

How is the amount of support determined?

The total support approximates what the parents would have spent on the child if they were living together as one family. Under the guidelines’ shared income model, each parent contributes a proportionate share of his and her income. Typically, the noncustodial parent is ordered to pay a percentage of his or her gross monthly income to the custodial parent for support.

The amount of support to be paid is calculated by considering many factors, including the parents’ gross incomes, the child’s necessary expenses, extraordinary medical expenses, work-related daycare expenses, and the number of children residing in the home, among other things.

What is the duration of support?

The judge will set a termination date in the support order. Child support is presumed to terminate on the last day of the month of the youngest child’s 18th birthday, that is, the youngest child covered by the support order. If the youngest child won’t graduate from high school before his or her 18th birthday, then support ends the month of anticipated graduation or on the child’s 19th birthday, whichever is first to occur.

Can the parents agree to an amount of support in their separation agreement?

Parents may include child support provisions in their separation agreement which exceed the legal presumptions under the guidelines. They may agree to continue support for a longer period, or may agree to increase the amount of support per month. For example, the parents may include additional support payments sufficient to provide for private school, college, travel, or summer camp.

When the parents share custody equally, is support eliminated?

Because both parents share the responsibility of supporting their child, there will typically be a payment from one to the other. The exception to that would be if, over a sustained period, both parents earned identical incomes and spent identical hours with their child. Although that is a possibility, it is not very likely to occur.

Can support be ordered for disabled adult-child?

There is an important circumstance when the court may order support to continue beyond that child’s age of majority and into adulthood. For the court to order such support, the adult-child must have a significant mental or physical disability that prevents him or her from living independently. The controlling Arizonastatutory provision is found in A.R.S. § 25-320(E):

E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:

1. The court has considered the factors prescribed in subsection D of this section. [Court has applied the ArizonaChild Support Guidelines.]

2. The child is severely mentally or physically disabled as demonstrated by the fact that the child is unable to live independently and be self-supporting.

3. The child’s disability began before the child reached the age of majority.

…

For this provision to apply in any given case, the adult-child must have manifested the disability during minority. The court may order support to be paid to the adult-child or to the parent who provides for the care. The parent seeking support need not be the adult-child’s legal guardian or legal custodian before the court can order such support. In the event the adult-child has no guardian or custodian, he or she should be joined as an indispensable party to the support proceedings.

At the end of the day, support is about caring for the child’s basic needs. Any personal differences between the parents should not affect the financial support that a child is entitled to. For some parents, support ends when the child reaches the age of majority. For other parents, it may not end until the child has graduated from college. And for some parents, the support may continue into their disabled child’s adulthood.

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
http://EzineArticles.com/?Establishing-Parental-Support-Obligations-Using-Arizonas-Child-Support-Guidelines,-Part-1&id=5999253

Filed Under: Child Support, Family Court, Uncategorized Tagged With: adivorce, adopted, Child Support, custody, Family Law, guidelines, spousal maintenance, visitation

Common Mistakes People Make When Representing Themselves in Cour

March 8, 2011 By Maricopa County Court Leave a Comment