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Opening Brief in an Arizona Family Law Appeal

Posted on : April 20, 2016, By:  Christopher Hildebrand
Gift of Separate Property Through Joint Tenancy Deed

Opening Brief in an Arizona Family Law Appeal When a person filed an appeal, the arguments they present must be supported by law and the evidence placed upon the record at trial. The Arizona Court of Appeals will not reconsider evidence that has already been considered by the court, but will review the record to determine […]

Posted in : Arizona Appeals , Leave a comment

Parenting Time With a Non-Biological Child in Arizona

Posted on : April 20, 2016, By:  Christopher Hildebrand
Parenting Plan With Non-Biological Children in Arizona.

Parenting Time With a Non-Biological Child in Arizona In the unpublished Arizona Court of Appeals case of Thomas v. Caldwell, the superior court’s denial of Gary Thomas’ motion for new trial resulted in an appeal. On appeal, the court must review the record to determine whether the Superior Court was in error. Thomas and Caldwell […]

Posted in : Arizona Child Custody Laws , Leave a comment

Mental Capacity to Amend Will and Living Trust in Arizona

Posted on : April 20, 2016, By:  Christopher Hildebrand
Changing a Will and Trust in Arizona.

Mental Capacity to Amend Will and Living Trust in Arizona The Arizona Court of Appeals in the unpublished decision of Koma v. Walter considered whether or not the trial court was in error when entering a judgment rejecting challenges presented by a wife to her husband’s will and an amendment to his trust in his estate plan that […]

Posted in : Estate Planning Laws , Leave a comment

Mutual Acts of Domestic Violence and Child Custody in Arizona

Posted on : April 20, 2016, By:  Christopher Hildebrand
Mutual Domestic Violence and Child Custody in Arizona.

Mutual Acts of Domestic Violence and Child Custody in Arizona In the unpublished decision in Okubena v. Montag, the Arizona Court of Appeals reviewed the decision of family court regarding its orders pertaining to legal decision making, parenting time and child support when acts of domestic violence had occurred. Father and Mother are the unmarried parents […]

Posted in : Arizona Child Custody Laws , Leave a comment

Change in Circumstances to Change Child Custody in Arizona

Posted on : April 20, 2016, By:  Christopher Hildebrand
Change in Child Custody in Arizona.

Change in Circumstances to Change Child Custody in Arizona In Arizona, changing an order regarding legal decision making, parenting time and/or child support that is already in place requires that a petition to modify be filed. Either party may request the modification. In considering such a request, the court must determine whether the filing the requested […]

Posted in : Arizona Child Custody Laws , Leave a comment

Failure to Disclose Financial Information in a Divorce in Arizona

Posted on : April 20, 2016, By:  Christopher Hildebrand
Failure to Disclose Financial Information in a Divorce in Arizona.

Failure to Disclose Financial Information in a Divorce in Arizona In Arizona, the family court includes decisions regarding support obligations and division of marital assets in the final divorce decree. In some cases, one or both of the parties may not cooperate fully. The court makes the best decision possible using as much information as […]

Posted in : Arizona Alimony Laws Arizona Community Property Laws , Leave a comment

Change in Circumstances to Modify Alimony in Arizona

Posted on : April 20, 2016, By:  Christopher Hildebrand
Change in Circumstances to Modify Alimony in Arizona.

Change in Circumstances to Modify Alimony in Arizona In the unpublished Arizona Court of Appeals case of Costa v. Costa, Nanci J. Costa, Wife appealed the trial court’s order granting Husband a modification of spousal maintenance. In Arizona, a modification of spousal maintenance may only be granted when a substantial and continuing change of circumstances is […]

Posted in : Arizona Alimony Laws , Leave a comment

Ambiguous Alimony Terms in an Arizona Divorce Decree

Posted on : April 20, 2016, By:  Christopher Hildebrand
Ambiguous Alimony Terms in an Arizona Divorce Decree.

Ambiguous Alimony Terms in an Arizona Divorce Decree In the unpublished Arizona Court of Appeals decision in Schott v. Schott, Richard Schott (Husband) appealed the family court’s decision to increase his spousal maintenance payments to Danielle Schott (Wife). Husband argued that the trial court erred when refusing to consider extrinsic evidence of the intent of […]

Posted in : Arizona Alimony Laws , Leave a comment

Retirement Increase After Divorce in Arizona

Posted on : April 19, 2016, By:  Christopher Hildebrand
Retirement Increase After Divorce in Arizona.

Retirement Increase After Divorce in Arizona In the unpublished Arizona Court of Appeals case of Binder v. Binder, there was only one argument presented upon appeal, but the Arizona Court of Appeals had to several factors to determine whether regarding the treatment of a military retirement pay allotment in an Arizona divorce decree. Is military […]

Posted in : Arizona Community Property Laws , Leave a comment

Including Income From a Second Job in Child Support Calculation

Posted on : April 19, 2016, By:  Christopher Hildebrand
Including Income From a Second Job in Calculating Child Support.

Including Income From a Second Job in Child Support Calculation In Arizona, the decision of the court to modify parenting time will often result in a modification of child support as well. In this  particular appeal, the Arizona Court of Appeals must determine whether the trial court erred in modifying child support without a modification […]

Posted in : Arizona Child Support Laws , Leave a comment