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Determining if a Household is Separate Property or Community Property in Arizona

Posted on : December 28, 2016, By:  Christopher Hildebrand
Determining if a Household is Separate Property or Community Property in Arizona

Determining if a Household is Separate Property or Community Property in Arizona In Bowart v. Bowart, 625 P.2d 920 (1980) the Arizona Court of Appeals addressed the issue of property division. Mrs. Bowart and Mr. Bowart married in Arizona in 1969. Mrs. Bowart had substantial assets before marriage. She was a beneficiary of the estate […]

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Jurisdiction Over a Paternity Action When the Father’s Name is Not on the Birth Certificate

Posted on : December 27, 2016, By:  Christopher Hildebrand
Jurisdiction Over a Paternity Action When the Fathers Name is Not on the Birth Certificate

Jurisdiction Over a Paternity Action When the Father’s Name is Not on the Birth Certificate When a married woman has a child in Arizona, her husband is presumed to be the father. The situation gets complicated if another man claims paternity. Can he file a petition claiming paternity? Must the child be a party with […]

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Contempt of Court as a Remedy for Unpaid Child Support Arrearages

Posted on : December 27, 2016, By:  Christopher Hildebrand
Contempt of Court as a Remedy for Unpaid Child Support Arrearages

Contempt of Court as a Remedy for Unpaid Child Support Arrearages Arizona law provides numerous ways a court can enforce child support obligations. Some remedies are found in the Uniform Reciprocal Enforcement of Support Act, (URESA). One of these is contempt of court. A court has authority under URESA to enforce support while the child […]

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Post-Majority Support for Disabled Adult Children in Arizona

Posted on : December 27, 2016, By:  Christopher Hildebrand
Post-Majority Support for Disabled Adult Children in Arizona

Post-Majority Support for Disabled Adult Children in Arizona Generally a child support obligation in Arizona terminates when the child reaches the age of majority. However, the legislature amended the law to allow post-majority support for disabled adult children. In Mendoza v. Mendoza, 870 P.2d 421 (1994) the Court of Appeals addressed the effect of the […]

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Cash Compensation for the Other Spouse’s Waste of Community Assets

Posted on : December 27, 2016, By:  Christopher Hildebrand
Cash Compensation for the Other Spouses Waste of Community Assets

Cash Compensation for the Other Spouse’s Waste of Community Assets Arizona law gives family courts authority to divide community property equitably between divorcing spouses. This can mean giving one spouse more property if the other has wasted or disposed of community assets. But how about money? Can a court order one spouse to pay the […]

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Purchasing Property with Separate Funds to Be Held Jointly

Posted on : December 21, 2016, By:  Christopher Hildebrand
Purchasing Property with Separate Funds to Be Held Jointly

Purchasing Property with Separate Funds to Be Held Jointly Generally, property acquired before marriage remains the separate property of the spouse. In some cases, however, it transmutes to community property. This can happen when a spouse purchases property with separate funds to be held jointly. What is the status of separate funds invested in joint […]

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Fraudulent Acknowledgement of Paternity in Arizona

Posted on : December 21, 2016, By:  Christopher Hildebrand
Fraudulent Acknowledgement of Paternity in Arizona

Fraudulent Acknowledgement of Paternity in Arizona When parents file a paternity acknowledgement, courts presume that the man named in the document is the child’s biologic father. This means that the man can gain custody of the child without a best-interest-of-the-child adaption hearing. Does intentionally using a fraudulent acknowledgment of paternity constitute a fraud on the […]

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Right to Notice and an Evidentiary Hearing in Arizona Courts

Posted on : December 21, 2016, By:  Christopher Hildebrand
Right to Notice and an Evidentiary Hearing in Arizona Courts

Right to Notice and an Evidentiary Hearing in Arizona Courts A parent has the right to notice and an evidentiary hearing before her custody rights are modified. This includes both rulings regarding parenting time and those concerning legal decision making authority. In Cruz v. Garcia, No. 2 CA-CV 2015-0174 (Ariz. Ct. App. Jun. 17, 2016) […]

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Three Year Rule Protects Against State

Posted on : December 20, 2016, By:  Christopher Hildebrand
Three Year Rule Protects Against State

Three Year Rule Protects Against State In Arizona, a child support obligation usually continues until the child is emancipated. Any legal action to recover back child support must be brought within three years from the emancipation of the child. What about administrative actions undertaken by the Arizona Department of Economic Security (“ADES”)? Are these also […]

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Separate Property Transmuting to Community Property Post-Marriage

Posted on : December 19, 2016, By:  Christopher Hildebrand
Separate Property Transmuting to Community Property Post-Marriage

Separate Property Transmuting to Community Property Post-Marriage Generally, property a spouse acquired before marriage remains the separate property of that spouse. In some cases, however, it transmutes to community property. This can happen when the spouse that owns the property comingles it with community property. In Potthoff v. Potthoff, 627 P.2d 708 (1981), the Arizona […]

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