February 5, 2012

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Child Support Laws – What You Need to Know

February 2, 2012 By Leave a Comment

By Joan Baker -

Child support laws exist to protect children and parents. Single parents who are victims or abuse or violence benefit greatly from these laws, as are single parents who have amicably divorced. These payments ensure that a child or children do not become disadvantaged due to the break up of their parents. Courts have the power to issue these orders and every state has their own law.

Without financial support, single parent families would struggle to survive. A court will decide what level of support is fair and appropriate for each situation and this may differ depending on a number of factors. Judges have flexibility in most states in terms of stating how much must be paid by the non-custodial parent. A judge’s decision is final but an appeal can be placed.

The parent who earns more generally has to contribute more to the well being of the child. If the non-custodial parent earns less than the custodial parent then they will generally have to pay less child support than if they earned more. The idea is to balance the finances so that the child or children have the best opportunity for a normal life after the parents have separated. It is not only income that is taken into account when determining the support amount, but also the assets of each parent such as the family home. The ultimate aim of the law is to ensure a certain standard of living for the child that would be possible if the parents were still together.

If the non-custodial parent is unable to pay child support then the court is able to temporarily suspend the payments until the circumstances change. The parent will be encouraged to get a higher paying job and the custodial parent must then be reimbursed for the extra expenses that were incurred during the non-payment period.

In the event of split custody, a court will determine child support requirements on a case by case basis. If the child is with each parent half of the time equally then certain laws may be waived or suspended, however it is too complicated a subject to speculate generally.

Child support laws are vital if the welfare of children is to be considered once their parents are separated. Speak to your local Child Support agency to find out specific information about your state laws.

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

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Child Support Help

January 18, 2012 By Leave a Comment

By Munish Chopra -

Child support or child maintenance is a process where a periodic payment is made by obligatory to oblige for the financial support of children of a marriage that has been terminated legally. Spousal support and child support are two different things. When there is a divorce preceding that includes children then there is requirement of representation of the Northern Arizona Lawyers. They get involved in the proceedings where a Court order for child support is not honored. They also take cases when a change is required in an original order.

When there is a case of child support both sides need representation. The Flagstaff Lawyers are well trained and experienced to handle both the aspects. Flagstaff takes into consideration the fact that the best interest of children is given priority. Most divorce cases with children want the best for the children. Though it is seen many times each party want to make other party suffers financially even thought it hampers logical thinking and negotiation. This is where flagstaff lawyers act smart and make their client understand the legal rights. This eventually makes their client to act and decide legally.

Child support does not mean only the physical sums of money they also include various medical and insurance expenses. Under the Arizona law no preset amount is there. This is where the Flagstaff Lawyers assists their clients in getting proper documents and proof to provide financial standings of both the parties. The courts have prior guidelines regarding the amounts and these lawyers are well acquainted with those guidelines. They feel responsible not only for their client but also for the fate of their children. In most cases it is seen that the individual responsible for paying the support to the child wants to settle on an amount so that they can get their financial matters in order. But the client of Flagstaff Lawyers if is the recipient wants to know what is going to be added to their income so as to plan their financial obligations. They consider this matter priority and work sincerely on resolving this issue.

Flagstaff Lawyers advise their client wisely for the fairness of the proposed negotiation. This sometimes makes it smoother to move matters to move along. They feel it their responsibility to save their clients incidental fees and legal ones. Flagstaff lawyers always keep their goal to satisfy the client.

For assistance on child support visit flagstaff lawyers.

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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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Family Court Tyranny Against Fathers Versus The Cover-Up Propaganda

January 4, 2012 By Leave a Comment

By Shane Flait -

- which include their right to parent their children. This article contrasts this fact with the state’s divorce and domestic violence industry’s propaganda that covers up family court’s unconstitutional use of its greater good excuses – safety of women’s abuse excuse and the best interest of the child excuse.

1. Evidence of a tyranny against fathers:

Constitutional protections that the courts and their processes are obliged to follow for all citizens, as litigants and defendants, were put in place to help secure those fundamental rights – the very reason for which the U.S. was formed. In fact, the lack of such constitutional protections in court is evidence that fundamental rights are being denied.

Our founding fathers expected bad laws to occur occasionally. They instituted constitutional court process protections – including fully informed juries – which would help stem the tyranny such laws would produce.

Included in bad laws are the ‘greater good excuse’ laws that all tyrannies impose. I call them ‘greater good’ because their execution denies individual rights for some ‘professed’ greater good according to some ideology or temporary necessity. But, of course, no greater good is supposed to exceed our individual rights in a free society – as the U.S. was formed to be. So these individual rights are not ever subject to vote because they’re unalienable.

I’ve categorized two laws – safety of women’s ‘abuse law’ and the ‘best interest of the child’ law as ‘greater good excuse’ laws. That’s because their operation in family court clearly negates and denies both the unalienable rights as well as the constitutional protections that each of us is entitled to. The detailed nature of how these greater good laws are carried out in family court shows that they ignore every aspect of constitutional protections and the maxims of law that promote court fairness for litigants. Therefore these laws represent a tyranny by their nature.

But beyond that, these ‘greater good excuse’ laws and their court processes overwhelmingly deny the rights of fathers while benefiting mothers especially in divorce or paternity actions. The loss of paternal rights that fit fathers routinely face in family court is unconstitutional and akin to state kidnapping of his children from him. Then, the state’s imposes heavy payments – euphemistically called child support – on fathers that are maliciously enforced and extorted by easy imprisonment of fathers without the required constitutional due process.

Both the new ‘safety of women abuse law’ and the distortion of current family court processes with its ‘best interest of the child’ law over its original form have been pushed by feminists under women’s rights organizations and their government affiliates. Not a shred of ‘equal rights’ for fathers to their children’s care is considered or allowed by such feminists.

As a result of these unconstitutional laws and processes that deny fathers their rights, fathers, families and our freedom are being destroyed. These laws and those people in the state’s divorce and domestic violence industry that support them and benefit from them together constitute a tyranny against fathers – or often called a ‘war on fatherhood’. Here’s what fathers face under this tyranny.

2. Slavery of a father at the whim of a mother – under the feminist jurisprudence of family courts:

At the mother’s whim, the fit father is civilly murdered or civilly raped of his rights, his protections and his children.

For not doing anything wrong, his children are taken from his care, and then he’s turned into virtually a slave of the state and the mother who extort from him horrendous and impoverishing weekly payments that euphemistically are called child support for whatever the mother wants to spend them on. These payments go on until the child reaches as old as 23 years. And if the father doesn’t pay it all he goes to jail, is denied his license to drive, his license to work, and his passport.

The fit father also faces two badges of infamy against him without him doing anything wrong based on denying him his rights and constitutional protections under the feminist ‘greater good’ laws. These infamous badges are ‘deadbeat dad’ and ‘abuser’.

If the father can’t pay everything he’s ordered to pay, he’s called a deadbeat. The courts can and will send him to jail without constitutional due process under illegal contempt processes to extort money from him – not unlike mafia thugs enforcing payments of protection from innocent shopkeepers.

Receiving a restraining order (RO) against him requires no provable wrongdoing by him. Only the subjective statement of ‘fear’ by a woman is required for the court to grant it. It’s less than a misdemeanour. But the restraining order paints him as an abusive man to friends, and associates as well as his own children. And, any innocent and harmless violation of the RO will make him a criminal.

3. The propaganda to cover-up the truth:

But you’ll not hear or read anything of this sort because we’re flooded with propaganda of the state’s divorce and domestic violence industry. This industry feeds off the above court-ordered denials of fit and good fathers’ unalienable rights. From them, you’ll hear: * Women need easily obtained restraining orders to be made safe from intimate partners they say they fear

* Family court processes are necessary to determine what’s in best interest of the children; after all, it’s the children that are most important

* Fathers must ‘do the right thing’ – pay all the child support ordered by the family court

* Deadbeat dads must be punished for not supporting their children

* The laws dealing with abuse and safety of women are fair and due process is upheld.

These statements sound good but they cover up the tyranny they produce. Each one is, in fact, a lie.

You’ll, of course, never hear my term of ‘greater good’ excuse laws. Such a name would expose the fact that these laws deny fathers their unalienable rights our country was formed to secure for them. That’s an inconvenient truth which the feminist-instigated divorce and domestic violence industry wants to hide from the public. Exposing it would interfere with the power, money and agenda it produces for them.

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/HowToHandlePromo.htm

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Family Law – Various Issues With Which it Deal

December 8, 2011 By Leave a Comment

By Andrew Stratton –

Family law encompasses a wide range of family related issues including prenuptial agreements, adoption, child custody and visitation and divorce to just name a few. In our modern society one doesn’t have to look further than the media to see the complications of modern life are not necessarily keeping up with the abilities of the court to regulate and offer relief. Issues such as property division when a couple has lived as man and wife without the legal recognition marriage can offer an eye opening experience as judges can not treat the property obtained during the relationship as marital assets and a whole new set of rules, which may seem less accurate and less fair, but none the less apply. When children are involved it can become more complex as the need to establish paternity can slow down the process to arrange child visitation, custody and support. Taking all of the deviations of life into consideration it is easy to understand why this law becomes important in protecting the rights of families.

Although technically divorces are handled by the Supreme Court, most other similarly related matters are handled by family court. This court can ultimately end up micro managing the lives of families with concerns such as paternity, child support, and spousal support. Paternity is usually not a problem with children born in wedlock but it may have to be established for children born out of wedlock. If paternity has already been proven the court can move forward towards setting kid’s support. This law can also work with custodial guardians to enforce child support orders and garnish the wages of parents who refuse to pay support. Other issues that family court deals with include spousal support. A non working spouse in the process of being divorced can be entitled to spousal support in order to avoid going on welfare. In addition to the types of law already discussed, this can extend to criminal matters such as restraining orders related to domestic violence. The same will also address the issue of youth who are beyond parental control and juveniles who have been charged with criminal offenses.

Clearly this law is capable of providing a wide range of services not only for families who need court intervention to move forward with their lives but also for families who occasionally find a need for family court to enforce established orders such as child or spousal support.

In nassau county family law is practiced by lawyers who devote their career to providing you with effective, personalized service and representation. They are personable, compassionate, and sensitive to your emotional and financial situation. To know more visit, http://www.brubek.com

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Filed Under: Family Court

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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Divorce And What Happens Next

November 10, 2011 By Leave a Comment

By Holcy Thompson III -

Divorce

Divorce is often a very unpleasant experience, but at the same time it can open up a whole world of new possibilities. It means the end of a marriage which you entered into expecting it to last the rest of your life – which is painful in itself. But unfortunately life doesn’t always go to plan, and that’s something we simply have to accept. This article will cover what divorce is and how it differs from separation, how you can go about getting a divorce and what happens after the dust settles.

What is Divorce?

Divorce is a process which legally ends a marriage. It effectively ends all legal obligations you have to your spouse which were put in place when you got married. That said, divorce can create legal obligations in its own right – for example, you may have to pay support money to your former spouse depending on your relative financial situations and your circumstances before your marriage.

This is different from legal separation. Legal separation allows you to live separately and effectively end your relationship, but in the eyes of the law you are still married. You’ll have a court order which lays out your obligations to your spouse for the time you’re legally separated. A legal separation is often used as a trial period so couples can see if they can work out their differences and decide if they want to move on to a divorce, which is a much more final legal move.

When you’re legally separated you’re still able to keep the medical and tax benefits that being married can bring, while still addressing issues like the division of assets and debt and child custody. If the legal separation is “successful” and you decide to follow it up with a divorce, often the precedents laid out by the legal separation agreement will simply be carried over to the divorce. In other words the same child custody and property division practices will be carried over.

How Do You Get a Divorce?

The rules surrounding filing for divorce differ from state to state. In general, the first step is to get and fill out the necessary legal forms, although you may want to talk with a lawyer before you do that to work out where you stand in terms of child custody, property, alimony and other important issues you’re going to have to work out.

You may want to consider going through a legal separation if you’re not entirely sure the problems in your marriage can’t be overcome. Sometimes time apart can be enough to realize the benefits of your marriage outweigh any troubles you’ve been having. If you’re absolutely certain problems can’t be overcome (abusive behavior, for example) then you should proceed straight to filing for divorce.

If you want to avoid a court battle it’s in your best interests to try to agree with your spouse on important issues like child support and property division (and trust me – legal battles are not pretty and are especially tough if you have children, so it’s better to work things out peacefully). If you think you can work things out but you and your partner aren’t really communicating, you can use a legal mediator to help you reach conclusions that work for both spouses.

What Happens After?

After the process is complete you’ll have to live by the agreements you made for your divorce (or the rules imposed by a judge, if you and your spouse could not agree on different issues). This can be difficult if you have to give up property and access to your children to your spouse, but there is often a silver lining. Being single again can be an enjoyable experience if you approach it from a positive angle.

Ultimately it’s important to remember that life goes on. If your spouse initiated the end of the marriage, try not to get stuck on trying to piece things back together – painful as it may be, your chances of repairing a marriage after a divorce are very slim. You’re better off looking at the situation from a different perspective: that now you have the opportunity to find someone new who’s an even better match for you.

Visit the Divorce Laws

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Overview of Spousal Maintenance Awards in Divorce and Legal Separation

November 8, 2011 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.

Article Source: http://EzineArticles.com/?expert=Scott_D_Stewart
http://EzineArticles.com/?Overview-of-Spousal-Maintenance-Awards-in-Divorce-and-Legal-Separation&id=5947561

 

 

Filed Under: Family Court

A Closer Look Into Child Support

November 3, 2011 By Leave a Comment

By Keith Lea -

When an individual is seeking child support they are doing the right thing by making sure that their child will be cared for financially. While the cost of living has gone up, the economy has taken a downturn that has affected many individuals. The cost of raising a child can be expensive, especially if the responsibility falls on one person. Child support is an obligation that should not be seen as a punishment.

Usually, the parent who does not have primary custody of the child will be ordered to pay. The amount that they are ordered to pay will vary from state to state, but the amount to be paid is usually based on the parent’s income, the needs of the child, the parent’s ability to pay support and the amount of access the parent has to the child.

The court does however have the discretion to order additional support over and above the guideline child support if the child or children have special needs such as medical issues or special extracurricular activities. The court will also usually require that the parent ordered to pay to also provide medical insurance so that the health of the child will be maintained.

In some cases a trust or annuity can be set up in regards to the support obligation. This can happen if one parent has concerns about the other using the child support payment in the best interests of the child. The court can order that a portion of the payment be put in a trust or annuity if they feel that it is in the best interests of the child. In the instance of an annuity, the fund will be paid out on a fixed schedule over time and will guarantee a certain amount of income over that period of time. A trust is a fund that is also paid out over time, however, the court will appoint a trustee who will make payments at certain times or make payments as necessary for the health, education, maintenance and support of the child.

An order for support payments generally lasts until the child is 18 years of age and graduates from highs school. However, there are instances that can shorten or lengthen the period in which support must be paid. For instance if a child is disabled before their 18th birthday, the order to pay may extend into their adulthood. Additionally, if the child is of a certain age and self supporting or married the length of the child support order may be shortened.

Usually a wage withholding order is provided to the employer of the person ordered to pay support. Each pay period the ordered amount will be deducted from the parent’s salary amount and then disbursed by the respective states child support division.

Individuals who fail to pay the court ordered amount can be prosecuted and sent to jail. If an individual’s ability to pay for the needs of the child changes, they may request a modification to the original order. Filing for bankruptcy will not discharge an individual’s responsibility to pay child support.

The court proceedings involving a child support case can be complicated and stressful and the circumstances surrounding a support case aren’t always the most pleasant. An experienced family law attorney can help you make the best of the situation and find the solutions that work for everyone involved.

Keith Lea is a Houston child support attorney who has provided legal counsel for individuals seeking a child support order to provide for their child or children. Keith Lea strives to provide solutions that will protect the best interests of the involved children in a court ordered support matter. As a family law attorney he understands the difficulties that can arise when dealing with a case involving support for a child. For more information please visit our website: Houston child support attorney

Article Source: http://EzineArticles.com/?expert=Keith_Lea
http://EzineArticles.com/?A-Closer-Look-Into-Child-Support&id=6647286

 

 

Filed Under: Child Support Tagged With: ,

Child Support Laws Opinions

November 1, 2011 By Leave a Comment

By Holcy Thompson III -

Child Support Laws

Child support in each state of America follows its own laws. Although, these laws are slightly different, they share one thing in common, that every non-custodial parent must provide financial support and health benefits for their child/children. Financial support helps in many ways.

First, when the mother/father are struggling and unable to provide 100% for their young ones, the child support payments will provide them extra cash to help cover any expenses. Expenses such as food, utility bills, medical, and clothes. Single parent raising children can be tough, that is why it is important to have child support paid by the non-custodial parent. Health coverage can also be very expensive, especially for children. Having good medial coverage can help offset those expenses. Many states in America have laws that make it mandatory for a non-custodial parent to provide medical support for their children.

Child Support Laws and Enforcement

Some parents who are ordered to pay child support often avoid their obligations. These parents are what we call dead beat parents. Most dead beat parents do not pay child support for reason just to spite the custodial parents. Some may be too lazy to get a job, others may be too selfish to dish out the money to pay for their responsibilities. Who knows why some parent will not take the responsibilities of paying their child support dues? Fortunately, there are laws which prosecutes parents who avoid paying child support. In most states in America you can find a child support enforcement office which will provide assistances in enforcing non-custodial parents to pay past due child support. Some methods of enforcing child support laws are garnishment of the wages, interception of tax refund checks, suspensions of drivers license, and jail time.

Establishing paternity

When a mother has a child and she is married, then the father is legally obligated to pay child support if they divorce. When a mother has a child outside of marriage in order for her to file for child support she must first establish paternity. Establishing paternity makes the non-custodial father legally obligated to the responsibilities of child support. If at anytime the alleged father doubts that the child is his, a genetic test would be performed to discover once and for all who the father is. Locating a missing parent can be difficult, especially if they live in another state. Sometimes tracking the social security number of the missing parent will help to pin point their location. Usually when the missing parent applies for a new job, their social security can be trace back to their location. In order to establish paternity, the custodial parent must first locate the father.

Reveiws on child support laws, establishing paternity, and child support enforcement

Article Source: http://EzineArticles.com/?expert=Holcy_Thompson_III
http://EzineArticles.com/?Child-Support-Laws-Opinions&id=152922

 

 

Filed Under: Child Support, Family Court
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