Child Support for an Adult Child

In Arizona, the family law court has the authority to award child support to an adult child.  Usually child support ends when a child turns 18 years old, unless they are still in high school in which case support continues until the child graduates high school, but only until the child reaches the age of 19.  However, pursuant to Arizona Revised Statutes section 25-320(E), the court can award child support to a child over the age of majority.

A.R.S. 25-320 states:

“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.
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.”

Thus, in order for the Court to award child support to an adult child, the child must have a disability  which makes the child unable to live independently or be self-supporting. Additionally, the disability must have began while the child was still a minor. 

In Gersten v. Gersten, the Arizona family court recognized the ability of the Court to award support to a parent that is providing support to the disabled adult child.  Gersten stated that the current statute regarding child support for an adult child superseded prior case law which required an order for custody or guardianship of the disabled adult child before support could be ordered.

If a case is brought for child support for an adult child, the court may require that the adult child be joined in the action if the disabled child does not have a legal custodian or guardian as any ruling for child support would affect the child’s best interests.  Additionally the Court may determine that the support should be paid directly to the disabled adult child or to the parent caring for the child. 

If you have any questions regarding child support, please contact Nirenstein Garnice Soderquist, PLC - Arizona Divorce & Family Law Firm.

This article was written by Leslie A. Satterlee, Esq., an attorney at Nirenstein Garnice Soderquist PLC.  Ms. Satterlee's practice focuses on Arizona divorce and family law.

Divorced Dads Tips - Winning in Family Court Requires Clarity

By Danny Guspie

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

Winning in Family Court Requires Clarity, especially when you are a divorced dad.

The first step to winning in is to clarify and define your goals. If you don’t define your goals, someone else will, and you could end up with results that you probably won’t be happy with. Remember this: Your child needs you more than ever. Being a winner means making peace for your kids, even when it hurts. So, plan with your end result in mind.  You do have options and you do have rights.

The words Fathers’ rights are not dirty words. Fathers are natural protectors of their children. Men can be good parents, and they have a right to be treated as good parents in the court system. But you have to act that way. People are not what they say, they are what they do.

I have seen really good men and women who struggle to be the best parents they can be under the difficult circumstances of separation, divorce and the costs of enormous legal fees in Family Court. And I’ve seen plenty who can’t afford a lawyer.

But ask yourself no matter what gender you are - don’t you want to be with your child? Haven’t we raised the awareness of equality issues to a point where young boys who grew up in the last four decades expect equal treatment? Fathers, once they enter into Family Court, are under constant assault. You need a new set of skills to deal with these problems.

For example, men fail to recognize that when a woman makes the decision to go to Family Court, she didn’t make it overnight. Usually, she has made it over a long period of time.

The unfortunate ugly truth is this: When you’re a man served with Family Court papers, you’re soon to be ex is not “your best friend” nor does she need to be rescued from her perspective. If you don’t understand that and you try to “rescue her, you could find yourself facing a restraining order.

Find some people who have already been where you are who can explain things to you, who can mentor you, guide you, and coach you. And who have found REALLY GOOD lawyers.

Your children deserve a family at peace. As parents it is your job to provide that. Your child has the right to your love and protection. But also recognize that justice begins in your heart, mind and soul. It’s not often found at the end of a Family Court judge’s gavel. Sadly, litigation is part of the equation…

Never let anyone tell you that you are no longer a parent to your child because you’re a Dad. The most important part of finding your direction is to find out where you are so that you can begin to move forward.

Be observant enough to recognize when things are going poorly in your relationship with your child’s mother. Get the help necessary to plan an exit strategy well before Mom out maneuvers you to your child’s great disadvantage. Act with Clarity; Begin with the end result in mind.

Learn how to wage peace on behalf of your child during great provocation. It’s an easier skill to acquire when you don’t deny the reality of your situation. Accept that you have rights too.

During my divorce, I wished for a divorce roadmap. That’s why we created a weekly telewebcast, to help men like yourself.

If you’ve lost in Family Court, don’t give up. There is always hope. You’ve likely lost because you didn’t understand that winning requires effectively “waging peace” for your children.

If you base your game plan and strategies upon those of successful fathers, you will improve your chances of success immeasurably. You need help from dads who have done what you are trying to do.

Danny Guspie Executive Director of Fathers Resources International can help you learn the successful strategies of fathers who have won in Family Court. Join us on our weekly calls at http://www.DivorcedDadWeekly.com where we will share with you what has worked for many successful divorced dads.

Article Source: http://EzineArticles.com/?expert=Danny_Guspie

Child Custody Proceedings & Conflicting Court Powers

By Jon Alexander -

In today’s article we will begin to delve into the intricacies of child custody proceedings and the types of courts that issue custody orders. There are a number of custody proceedings pursuant to the Family Code including dissolution, Uniform Parentage Act [unmarried people], Domestic Violence Prevention Act or “DVPA” which involves assigning custody in domestic violence situations and proceedings under the Uniform Child Custody and Jurisdiction Act or “UCCJEA”.

Custody also comes into play under the Probate Code, in adoption matters, in juvenile court (”JC” or “JV court”) and paternity cases. A Probate court has the power, in the context of a guardianship proceeding, to assign custody. Likewise, a JC has the authority to make custody orders regarding minors in dependency court.

In fact, there is inherent conflict between some of these sources of power. For example, JV courts are given priority over family law courts when it comes to venue (that is, which court should hear or have jurisdiction over a custody dispute). Family courts will win the venue battle. If a divorce has inflicted such strain on a minor to warrant the JV court’s involvement, the JC will have exclusive jurisdiction.

The JC will tender its decision, called an exit order that becomes a family court order. If there is no current family law court case file, a case will be opened and this exit order will be the first issued order in the new file.

JCs can issue orders that a family law court does not have the authority to make. For example, a JV court may order therapy and progress reports based thereon. A family court may not order therapy and may only order limited counseling (to last not more than 1 year). An important side note is that while the family court may not make an order for therapy it does have the power to modify these exit orders issued by a JV court. JV courts, however, may retain jurisdiction and overrule any preexisting family court orders because a JC has exclusive jurisdiction once the case is in the JV court proceedings.

But once the JC makes its orders and closes its case it cannot make its orders non-modifiable. At that point, once the exit orders are issued and the juvenile case is closed, a family law court may step in and modify the orders. If the JV court wishes to maintain control and jurisdiction it has to keep its case open.

Before You Hire The Wrong Attorney For Your Divorce Proceeding Retain An Aggressive, Qualified [http://www.oc-familylawyers.com]Orange County Divorce Lawyer contact us today! Visit Us Now And save 25% on legal fees! Powered by Orange County Divorce Attorney. My name is Jon D. Alexander, Esq. and I am an Orange County California Divorce lawyer. This article is the third in a series outlining the divorce process in California. Please be aware that this article is not intended as and should not be relied upon as legal advice or as the creation of an attorney-client relationship.

Article Source: http://EzineArticles.com/?expert=Jon_Alexander

Following Your Divorce

By Annie O’Neill -

Following your divorce you need to go through a ‘grieving’ process.  Your ex may not have died but the marriage has and you need some time to adjust.    Several of the people I spoke to found it hard to adjust to being single again.

The following are some tips for helping you to adjust and move on.

Work out what went wrong in your previous marriage.  The break up of a marriage is rarely completely one-sided.  Be completely honest with yourself and own up to the mistakes you made. You can learn from these mistakes and ensure you don’t repeat them when you embark on a new relationship.

Don’t rush into another relationship.  ‘Rebound’ relationships are almost always doomed to failure.  Before you can love another person you need to learn to love yourself.

Start with the outside – how you feel reflects in the way you look.  Pamper yourself with a new hairstyle and/or colour (most hairdressers will spend time discussing styles if you let them know you want this when you book), get your colours done, buy a new outfit (use a personal shopper to experiment with new looks – many large stores offer this as a free service).

Learn something new.  Take up a new hobby, learn a new skill, continue your education.  You will meet new people with whom you automatically have something in common.

Don’t develop a ‘victim’ mentality.  Feelings of anger and bitterness are not helpful to you.  Let them go.  Writing your feelings down can help.  Sonia, whose marriage broke up after seven years together, kept a journal; she found that writing her feelings down and reading them back later helped her deal with her emotions.  Ros found that writing letters to her ex, expressing her feelings helped.  She never sent the letters but they helped her to get her feelings off her chest.

Read positive/self-help books.   My clients and people I spoke to in my research have said that the following books helped them.  Feel the Fear and do it anyway – Susan Jeffers, Growing through Divorce – Jim Smoke, Coming Apart – Daphne Rose Kingman, Positive Affirmations – Louise Hay, Women who love too much – Robin Norwood, Men who hate women and the women who love them – Dr Susan Forward.

All the people I spoke to agreed it took time before they were ready to start dating again.  The average seems to be two years.  Two of the people I spoke to said that since their divorces they have met their ‘soul mate’ but this did not happen in either case until they had learnt to love themselves.

Nicola was 31 when her marriage broke down after eight years, she met her new partner 18 months later.  Although she was ‘mad about him’ she had difficulty committing to a relationship because she met him just as she was starting to enjoy being single.  She says I remember thinking “why now – I’m just beginning to have a life I own”.

This just goes to prove that when we are enjoying our lives we attract people to us.  People like people who are confident, positive and happy.

For those of you who have only recently separated/divorced then please believe that you will move on.  Life does go on and, in fact, often gets better.  The biggest hurdle is learning to look after and love yourself.  Start today by setting yourself one small goal – something that you can achieve easily and within a week.  When you have achieved it celebrate and set yourself another goal.  Before you know it you will be living a life you love.

‘Ten Secrets to a Successful Divorce’ is a practical step-by-step guide designed to help you to start redesigning your life right away. And it’s yours free just for visiting my website - http://www.newhorizons-divorcecoaching.co.uk

If you found this article helpful you might like to visit http://newhorizons-divorcecoaching.blogspot.com/ where you will find more free articles to help you start transforming your life today.

I am a qualified Divorce Coach and NLP Practioner.  I can work with you to redesign your life after divorce.

I have been divorced and widowed. I understand the emotions associated with being on your own after being in a long-term relationship. I have had to reinvent my life on two occasions and am proof that it can be done. I am now self-employed, with a job that I love. I am also married again, very happily.

Article Source: http://EzineArticles.com/?expert=Annie_O’Neill

Mum, I’m Having a Baby

By Wendy Streater -

These can be the most rewarding and exciting words you can hear from your child but sometimes these words can come as a surprise. The best thing you can do is support your child.

If the news is an unexpected surprise, your child is probably a little worried about your reaction and will really need your reassurance now.

Even if it’s an anxiously awaited announcement, your child will probably be a little scared about their new responsibilities. It is pretty scary suddenly finding you are about to be a parent for the first time. Remember your own concerns. They turned out to be mostly unfounded but it is normal to be a little worried. Your child and their partner will need a lot of quiet support and maybe the occasional piece of advice.

The first thing to do, after you have congratulated them of course, is to find out if they want you to tell anyone. Some couples like to wait until the mother is starting to show before they announce the happy event. Some just want immediate family to know. Some couples would be insulted if you didn’t announce it to the world. Find out what they want and please abide by their wishes. They will be upset if you don’t and now is not the time to cause friction in the family.

Be happy for the expectant couple and don’t worry yourself or them with talk of finances, buying a house or anything like that. They are adults and have to work it out for themselves. The best thing you can do for them is to let them know you are there if they need you. If they come to you for advice, tell them what you would do and let them know you won’t be offended if they choose another path.

You might want to find out if they want gifts. Some new parents are happy to receive clothes, toys and furniture, while some prefer to buy their own. If you wish to make large purchases like furniture, it might be a good idea to find out if they have a particular decorating plan. Some young parents accept gifts to be polite but would prefer another style or colour while some will tell you straight out they want a different style. To save embarrassment or offence it is safer to ask. A gift registry is a good solution for some.

The most important thing is to enjoy yourself. It’s not every day you get to be a grandparent for the first time. By the way, do you want to be Granny, Grandma or Nanna?

Wendy Streater is about to become a Grandmother. Her site http://www.newgranny.info is devoted to new grandparents everywhere. Visit the site for ideas or advice and feel free to add advice, ideas or information of your own to the blog page http://www.newgranny.info/blog

Article Source: http://EzineArticles.com/?expert=Wendy_Streater

Arizona Child Support Update

The Arizona legislature is in the process of reviewing the Arizona Child Support Guidelines. This review process occurs approximately every 4 years in order to insure that the Arizona Child Support Guidelines are in sync with the current economic situation.  The review process is required by federal law, which requires states to have child support lawsthat are: (a) applicable state wide; (b) take into consideration the non-custodial parents earnings and income; (c) are based on specific numeric and descriptive criteria; (d) results in a computation of the child support obligation; and (e) are reviewed and if necessary, revised, at least once every four years.

It is appears that there will be changes to the maximum combined gross income for child support and there will be changes to definitions to gross income when calculating Arizona child support awards. For example, one proposal is to indicate that cash value may be assigned to in-kind or other non-cash benefits for recurring contributions from any sources that reduce living expenses as opposed to making that a "shall" provision. A revised chart is being proposed for use in terms of defining adjustments for support of other children. These would be children for which the parent is legally obligated to support including children being supported by court order. There will also be provisions as proposed in the new guidelines to discuss situations when a parent's income as the obligor is over $12,000 monthly. Recognition of possible changes to Arizona Child Support Guidelines is important.

As more information becomes available, we will continue to let you know how these changes could affect you.  In the meantime, if you need any assistance with Arizona child support issues, contact Nirenstein Garnice Soderquist PLC.

 

What Does a Family Law Attorney Do?

By Justin DiMateo -

A family law attorney can help any family with the various problems that arise throughout the lifetime of a family. Those problems can be divorce, child custody, child support, child visitation, domestic violence, marital assets, spousal support, restraining orders and much more. A family is the foundation of the United States and sometimes families just don’t get along and need to split up.

Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.

Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a family law attorney. Going through a divorce without the helping hand of a lawyer can be a daunting task and can be ultimately impossible to obtain success. The lawyer will be able to help his or her client in regards to what decisions need to be made.

Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.

Child and spousal support are not one in the same. Child support is payments that must be made by one half of the couple in a divorce case to the other half of the couple. Child support is to be used for the child’s education, clothing, food, school supplies, medical bills for the child and any other necessities that the child needs to live by. Spousal support on the other hand is payments made to one spouse by the other after a divorce case has been completed. Spousal support goes towards medical bills, legal bills, food, clothing, transportation needs and much more.

If the person who is supposed to be sending the payments refuses to do so or forgets to send them they can be fined by the court or can even face time in jail. A family law attorney will be able to help the party involved in the divorce case receive their payments of spousal support or child support if they are not coming through regularly. All matters involving family law can be resolved with the help of an attorney.

For more information on the process for a Divorce in Riverside or to schedule a consultation for a Uncontested Divorce in California visit the offices of Diefer Law Group

Article Source: http://EzineArticles.com/?expert=Justin_DiMateo

Family Court Collateral - How Divorce Court Agents Feed on Maternal Instincts

By Dr. Jeanne King, Ph.D. -

It’s no secret that our children are collateral in family court. So, why is it that when we turn to this institution of justice, do we expect it to serve and protect the interests of our children?

My sense of this is our educated mind doesn’t really expect anything more than what we get: that being, for it to be self-serving unto itself. But our inward primal tendency is to reach out in time of need. And here’s what happens.

A Protective Parent’s Desperation Fuels Legal Domestic Abuse

A struggling protective parent, and/or battered spouse, turns to an agent of the court and that person preys on the litigant’s desperation. This desperation is what fuels the process. And it is often the court agents that ignite the cause for the desperation.

For example, we have seen hundreds of women give hundreds of thousands of dollars to divorce lawyers promising to protect their children from becoming the “possession” of their abusive ex (or soon to be ex).  And in many of these cases, while custody is before the court, it will not be litigated before the court.

We see these women knowing the truth about how the system works, yet allowing their personal, or borrowed, money to follow their desperate longings to protect their children. And this blind instinct is the fuel for custody litigation funding, even when litigation is not intended to take place.

Beware of the Legal Abuse Syndrome

If you are on the steps of divorce with an abuser in which the custody of your children is being used as the carrot to fuel your investment in your divorce, then you will want to take a hard and honest look at the way domestic violence transforms into the legal abuse syndrome.

To fully understand the dynamics of [http://www.preventabusiverelationships.com/legal_abuse_ebook.php]Legal Domestic Abuse, visit [http://www.preventabusiverelationships.com/legal_abuse_ebook.php]http://www.PreventAbusiveRelationships.com where you can also claim your free Survivor Success Tips and eInsights. Dr. Jeanne King, Ph.D. helps people recognize, end and heal from domestic abuse at home and in court. © 2009 Jeanne King, Ph.D.

Article Source: http://EzineArticles.com/?expert=Dr._Jeanne_King,_Ph.D.

Child Support

By Kevin Stith -

Child support is defined in many countries as the ongoing obligation of a non-custodial parent to a custodial parent, guardian, or caregiver to make payment for the support of children who are the result of a relationship or marriage that has broken down. The conditions for child support are often settled as a part of the arrangements of a divorce, dissolution, annulment, or marital separation of a civil union. It may also be arranged as a supplement or in addition to alimony or spousal support.

Child support is established regardless of the child being born within the confines of a marriage. Paternity or maternity has to be established for a child support obligation to be enforced by a competent court.

The idea of child support is founded on the policy that biological parents have the obligation to support their children, even when the children are not living with both parents. Child support is basically a proportion of the costs involved in raising the child. Financial support for a child by a non-custodial parent remains an obligation even when the other parent has been restricted legally from participating in the upbringing or in making decisions for the welfare of the child. In some jurisdictions, however, child support is typically tied to visitation rights of a non-custodial parent. Should the custodial parent refuse to give the other parent visitation rights, the non-custodial parent may ask the court to stop support payments temporarily. The non-custodial parent may also petition the court for additional visitation rights.

In some cases, the court allows the financial arrangements to be settled by both parents; however, in other cases, the court involves the state in the collection of financial support for the child in order to ensure a continuity of the child support payments. Also, in cases wherein the state is not involved in the collection of the payments, the non-custodial parent may petition for the court to order an accounting of the child’s expenses in order to ensure that the payments are solely being used for the support of the child. Child Support provides detailed information on Child Support, Child Support Calculators, Child Support Enforcement, Child Support Laws and more. Child Support is affiliated with Christian Child Sponsorship.

Article Source: http://EzineArticles.com/?expert=Kevin_Stith

Child Custody - Is it Child Support Or Paying the Bills?

By E Brooks -

The most common complaint you hear from an ex paying child support is that they are paying far more than what it costs to support the child and that they take offense to paying the other parents bills. But what constitutes “Child Support” and what constitutes “Paying the bills?”

It is difficult for a couple of people hanging around the water cooler talking about child support to understand just what goes into child support and separate that from paying the bills. This could be especially perplexing when they compare themselves to someone they know of or perhaps a couple of people they know of.

The major problem comes in the form of not having a set dollar amount for child support cases. Given the fact that dollar amount can range from near $100 to well over $1,000 it can be very confusing and provide good fodder for angry parents. The truth is not in anger and definitely not in the comparison.

The fact of the matter is that child support has no relationship to paying the bills associated directly with the child. Instead it has to do with assuring that the child is able to benefit in a the form of their lifestyle at both parents homes.

The two major factors (there are many) in the way that support payments are calculated are:

The percentage of time each parent spends with the child. More time with the child means more financial benefit to that parent.

The amount of income from each parent. More income means more responsibility.

Essentially, if both parents make the same amount of money and have a 50/50 split in the amount of timeshare, then they will be about zeroed out on child support. If they earn the same but one parent sees the child for just 2 weeks every year, then the parent with very little time will pay the other parent a significant amount of. If the timeshare is 50/50 and one parent makes significantly more than the other parent, then they will owe the lower earning parent a significant amount of money.

To wrap this up in a neat package, all the whining and whimpering about paying another parent far more that the child’s bills is simply missing the point. Spending more time with your child will bring your support amount down and be far more beneficial to your child than merely sending cash.

Ed Brooks knows first hand how difficult “High Conflict” child custody battles can be. How devastating false allegations can be and the emotional toll they can take on both parents and children. He has created a forum http://www.child-custody-forum.com/ where parents can go to share their experiences, ask advice, and look for support.

Article Source: http://EzineArticles.com/?expert=E_Brooks

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