Posts Tagged ‘East Valley’

Arizona Attorney Discusses Jurisdiction Issues in Custody Cases

Thursday, April 21st, 2011

Under Arizona law, Arizona courts typically have jurisdiction over new divorce, custody, paternity, and other cases involving children so long as the child has resided in the state of Arizona for the 6 months preceding the commencement of the case. Once Arizona obtains jurisdiction, the courts will generally continue to have jurisdiction so long as either parent continues to reside in the state of Arizona.

If both parents have relocated out of the state, a new state may have jurisdiction. Occasionally the parties can consent to jurisdiction in another state. Courts in Arizona or other states can get involved on an emergency basis when necessary, even when that court or state would not have ongoing jurisdiction.

Most states have similar or identical laws regarding jurisdiction over custody issues.

If a case has been filed against you in Arizona, and you do not believe that Arizona has jurisdiction, an attorney with McGuire Gardner, PLLC can file a Motion to Dismiss the case for lack of jurisdiction. If you would like to file a case in Arizona and you are not certain if Arizona has jurisdiction over some or all of the pending issues, you should also speak with one of the family law attorneys with McGuire Gardner, PLLC. To contact an attorney with McGuire Gardner, PLLC to discuss your custody issues, you may call (480) 829-9081 or visit us online at www.yourarizonadivorcelawyer.com.

East Valley Family Law Lawyer Discusses Division Of Businesses In Divorce

Wednesday, April 6th, 2011

Arizona law requires the equitable division of community property and jointly owned property. Even in cases where the property is the sole and separate property of one spouse, the law in certain instances recognizes that the other spouse may have an equitable interest in the property for any increase in value attributed to the finances or effort of the marital community during the marriage. Generally, equitable division requires an equal division, though there are certain exceptions where an unequal division may be most equitable or fair.

In many divorce or legal separation cases, one or both parties own a business, medical practice, or other professional practice. Generally these businesses or practices were started and built during the marriage, though in some cases the business was started prior to the marriage and has increased in value during the marriage.

In each such case, both spouses have a legal and/or equitable interest in the business, and the value of the business must be equitably divided as part of the divorce case. Often, the business will need to be valuated or appraised. There are many issues that arise including the type of appraisal, the date of the appraisal, whether the appraisal includes the goodwill value of the business or only the tangible assets, etc.

These are complex cases, in which an experienced and knowledgeable attorney is imperative. If you are contemplating a divorce, or are already involved in a divorce, and you would like to speak with an attorney who has handled many complex divorce cases involving the division of businesses, please call McGuire Gardner today for a free initial telephonic consultation. Call us at (480) 829-9081, or visit us at www.YourArizonaDivorceLawyer.com.

Mesa/Gilbert Arizona Attorney Discusses Parental Alienation Syndrome

Thursday, January 27th, 2011

I recently stumbled across an old law review article pertaining to recognizing Parental Alienation Syndrome (http://www.fact.on.ca/Info/pas/walsh99.htm). While the article is 10 years old, and out of Florida, the issues remain present in many contested custody issues.

The article points out that the typical parental alienation includes four criteria, 1) one parent begins working to block the child’s access to the other parent; 2) Often there are allegations of abuse; 3) the child’s relationship with the other parent suddenly begins to deteriorate; and 4) the child is caused to feel fear, often fear of the alienating parent’s reaction if the child shows affection towards the other parent.

If you are involved in a high conflict custody case, and would like to speak with an attorney about Parental Alienation Syndrome or other issues in your case, please contact our attorneys at (480) 829-9081 or dgardner@mcguiregardner.com.

Gilbert Arizona Attorney Answers Common Questions Regarding Termination of Child Support

Wednesday, January 19th, 2011

As a family law attorney in Arizona, I frequently encounter cases involving the question of when child support ends. The answer is found in Arizona statute, which states:

25-503. Order for support; methods of payment; modification; termination; statute of limitations; judgment on arrearages; notice; security

. . .

O. For the purposes of this chapter, a child is emancipated:

1. On the date of the child’s marriage.

2. On the child’s eighteenth birthday.

3. When the child is adopted.

4. When the child dies.

5. On the termination of the support obligation if support is extended beyond the age of majority pursuant to section 25-501, subsection A or section 25-320, subsections E and F.

25-501. Duties of support; exemption

A. Except as provided in subsection F of this section, every person has the duty to provide all reasonable support for that person’s natural and adopted minor, unemancipated children, regardless of the presence or residence of the child in this state. In the case of mentally or physically disabled children, if the court, after considering the factors set forth in section 25-320, subsection D, deems it appropriate, the court may order support to continue past the age of majority. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided while the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to section 25-320, subsection E.

25-320. Child support; factors; methods of payment; additional enforcement provisions; definitions

. . .

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.

F. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided during the period in which the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection E of this section. Notwithstanding any other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program.

If there is more than one child, child support does not end or automatically modify until the last child is emancipated. If a change in child support becomes necessary prior to the last child being emancipated, the parties must petition the Court for a modification of the child support order. Child support automatically ends then, when any of the following occur: 1) the child is married; 2) the child turns 18 (and graduates from high school); 3) the child turns 19 even if still in high school; 4) the child is adopted 5) the child dies. The Court may continue beyond 18 or 19 if the child has special needs, though this requires a court order and is not automatic.

Even if child support has ended based upon the above criteria, you may still need the Court to enter an order to terminate an order of assignment or wage assignment or garnishment for child support.

If you need help with establishing, modifying or terminating child support, or have other family law questions, please contact a family law attorney at McGuire Gardner by calling 800 899 2730.

Arizona Family Law Attorney Discusses High Conflict Custody Cases

Thursday, January 13th, 2011

When recently in Court, one of the Judges commented on the high conflict in a case I am currently working on. To the parties, he let them know that most parents finalize their divorce and never need to return to Court. Of those that do need to return to Court, most of them only need to return a single time. However, there are a small minority of cases, known as high conflict cases, where the parents do not learn to communicate and work together to resolve difficulties that inevitably arise while raising children.

Though divorced, parents must still continue to work together as business partners, in the business of raising children. While the emotional involvement of the past may be completely gone, both parents must work together to ensure the best interest of the children. This can be difficult when one parent or both parents are shortsighted, self-centered, or unwilling to compromise and negotiate. Such cases often return to Court every few years for adjustments to the prior orders.

More often, if adjustments are needed, an experienced family law attorney can assist you in drawing up amendments or stipulations to modify prior orders based upon agreements reached between the parties. Proceeding without significant involvement of the Court reduces the cost and the emotional toll of high conflict cases. If you need to make adjustments or changes to your parenting orders or parenting agreements, and whether or not your case is high conflict or an agreement has already been reached but needs to be properly documented in an appropriate legal format, please call the family law attorneys at McGuire Gardner, PLLC at 800 899 2730 for your free initial telephonic consultation.

For more information, please visit our websites:

www.mcguiregardner.com or

www.yourarizonadivorcelawyer.com

TEMPE/EAST VALLEY ATTORNEY DISCUSSES ATTORNEYS FEES

Friday, July 16th, 2010

TEMPE/EAST VALLEY ATTORNEY DISCUSSES ATTORNEYS FEES

The Court in Family Law and Divorce cases has the ability to order one party to pay all or some portion of the other party’s attorneys’ fees and costs.  The Court will look at two issues in determining if such an order is appropriate.

First, the Court will look at the income and financial status of each party.  The Court has the discretion to order the party with greater financial assets and income to pay all or some portion of the other party’s attorneys fees.

Second, the Court will consider the reasonableness of the positions taken by each party.

While the Court may make and award of attorneys fees for either or both issues, the Court must consider both issues before making an award of attorneys fees.

For more information, or to contact an Arizona divorce lawyer, please check out our website at www.yourarizondivorcelawyer.com.