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False Allegations of Child Abuse in a Child Custody Case

Posted on : February 29, 2016, By:  Christopher Hildebrand
Separation from Bed and Board

False Allegations of Child Abuse in a Child Custody Case In cases of alleged sexual molestation of a child by a parent sharing parenting time and legal decision making, the Court must carefully weigh all testimony, consider expert opinion, and make accurate interpretations of the law in their efforts to provide for the safety and […]

Posted in : Arizona Child Custody Laws , Leave a comment

Gifts and Free Rent May Be Income for Child Support Purposes

Posted on : February 29, 2016, By:  Christopher Hildebrand
Gifts and Free Rent May Be Income for Child Support Purposes in Arizona

Gifts and Free Rent May Be Income For Child Support Purposes In the unpublished Arizona Court of Appeals case of Weir v. Weir, the Court of Appeals had to review a Superior Court ruling that modifyied Benjamin Weir’s (Father) child support obligation to his child’s mother, Kathryn Weir.  The mother argued on appeal that the trial […]

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Discount of Appraisal of Business During a Divorce in Arizona

Posted on : February 29, 2016, By:  Christopher Hildebrand
Business Appraisal in Arizona Divorce

Discount of Appraisal of Business During a Divorce in Arizona In the unpublished decision of Sammons v. Keaggy, the Arizona Court of Appeals addressed Beverly Sammons’ (Wife) appeal of the family court judges ruling in a divorce decree ordering her husband, David C. Keaggy, to sell the family business and award Wife 50% of the […]

Posted in : Arizona Community Property Laws , Leave a comment

Reimbursement For Overpaid Child Support in Arizona

Posted on : February 29, 2016, By:  Christopher Hildebrand
Reimbursement for Overpayment of Child Support in Arizona

Reimbursement for Overpaid Child Support in Arizona The Arizona Court of Appeals in the unpublished opinion in the Tupper v. Tupper case addressed whether child support reimbursements could be ordered when a parent receive social security Supplemental Security Income (i.e., “SSI”) benefits for the minor child. Gary A. Tupper (Father) and Lauri A. Tupper (Mother) […]

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Judgment for Separate Property Stolen During Marriage

Posted on : February 29, 2016, By:  Christopher Hildebrand
Theft of Separate Property in a Divorce in Arizona

Judgment for Separate Property Stolen During Marriage A judge in Arizona is required to fairly divide all of the parties’ community property and to assign to each party any sole and separate property owned by each spouse.  What happens when one spouse claims the other spouse stole his or her separate property?  Well, the Arizona […]

Posted in : Arizona Attorney Fees Arizona Community Property Laws , Leave a comment

Failing to Allege Change in Circumstances Insufficient to Overturn Modification of Child Custody Order

Posted on : February 29, 2016, By:  Christopher Hildebrand
Appeal Change in Cirumstances in Arizona

Failing to Allege Change in Circumstances Insufficient to Overturn Modification of Child Custody Order Arizona state law is clear regarding the various issues connected to parenting time, legal decision making and relocation. Yet in some cases, the application of the law may seem far less clear than the actual law itself. In the unpublished decision […]

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Attorney Fees in an Arizona Divorce

Posted on : February 29, 2016, By:  Christopher Hildebrand
Attorney Fees in an Arizona Divorce

Attorney Fees in an Arizona Divorce In Arizona, the family court is allowed to award attorneys’ fees after it considers the financial resources of both parties and the reasonableness of their positions during the divorce proceedings. The unpublished case of Flynn v. Rodrick leaves the Court of Appeals of Arizona considering whether both a disparity in […]

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CRSC Pay and Divorce in Arizona

Posted on : February 29, 2016, By:  Christopher Hildebrand
Combat Related Special Compensation and Divorce in Arizona.

CRSC Pay and Divorce in Arizona Married couples seeking dissolution of marriage in the state of Arizona go through the divorce process in the Family Court. The division of marital assets is handled during this process. In cases where military benefits are among the list of assets and income to be considered, there can be […]

Posted in : Arizona Community Property Laws , Leave a comment

Deviation in Child Support

Posted on : February 29, 2016, By:  Christopher Hildebrand
deviation in child support in arizona

Deviation in Child Support in Arizona In Arizona, the decision of the court regarding child support is made in accordance with child support guidelines. In some cases, the family court can deviate from Arizona child support guidelines as necessary and as pertaining to specific circumstances, but when doing so, must provide findings of fact and […]

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Mental Health Records in Custody Cases

Posted on : February 18, 2016, By:  Christopher Hildebrand
Mental Health Records in Custody Cases in Arizona

Mental Health Records in Custody Cases Under Arizona law, if evidence suggests that the mental health of a divorcing parent is in doubt, a divorce court can order that parent to submit to an exam to determine whether he or she is fit to take care of the minor children. What happens if a parent’s […]

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