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Filing a Motion to Compel Discovery That Was Untimely Issued in a Divorce May Result in Sanctions

Posted on : December 6, 2016, By:  Christopher Hildebrand
Filing a Motion to Compel Discovery That Was Ultimately Issued in a Divorce May Result in Sanctions

Filing a Motion to Compel Discovery That Was Untimely Issued in a Divorce May Result in Sanctions In Arizona, the court can award attorney’s fees to one party in a proceeding in the trial court’s discretion. Factors typically considered include the reasonable nature of the positions taken by both parties, the financial resources available to both parties, […]

Posted in : Arizona Divorce Laws , Leave a comment

Disqualification of an Attorney in an Arizona Divorce

Posted on : December 6, 2016, By:  Christopher Hildebrand
Disqualification of an Attorney in an Arizona Divorce

Disqualification of an Attorney in an Arizona Divorce The Arizona Court of Appeals of Arizona received a Notice of Appeal filed by Mother in the unpublished case of Miller v. Miller. The appeal was regarding an order granting Father’s motion to disqualify Mother’s attorney, McCulloch, from further representation in the case. A disqualification order is […]

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Effect of Failure to File and Record a Marriage License in Arizona

Posted on : December 6, 2016, By:  Christopher Hildebrand
Effect of Failure to File and Record a Marriage License in Arizona

Effect of Failure to File and Record a Marriage License in Arizona Without the issuance of a marriage license, a marriage is not valid. The question in the following case is whether or not the marriage is valid when a marriage license was issued, but never filed. The Court of Appeals of Arizona considered this […]

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Paternity Testing Denied When a Voluntary Acknowledgment of Paternity is Signed

Posted on : December 6, 2016, By:  Christopher Hildebrand
Paternity Testing Denied When a Voluntary Acknowledgment of Paternity is Signed

Paternity Testing Denied When a Voluntary Acknowledgment of Paternity is Signed The following is a brief outline of the proceedings of a paternity case. In paternity cases, there are many factors to be considered, including the identity of the father listed on the birth certificate, the relationship of the mother to the father, the name […]

Posted in : Arizona Paternity Laws , Leave a comment

Failure to Increase Income Does Not Provide a Basis to Extend Alimony in Arizona

Posted on : December 6, 2016, By:  Christopher Hildebrand
Failure to Increase Income Does Not Provide a Basis to Extend Alimony in Arizona

Failure to Increase Income Does Not Provide a Basis to Extend Alimony in Arizona In Arizona, the family court’s denial of a petition to modify spousal maintenance can be appealed. On appeal, the Arizona Court of Appeals typically does not consider new evidence, but will reconsider the facts of the case in search of an […]

Posted in : Arizona Alimony Laws , Leave a comment

Denial of Time to Present Evidence in an Arizona Child Custody Case

Posted on : December 6, 2016, By:  Christopher Hildebrand
Denial of Time to Present Evidence in an Arizona Child Custody Case

Denial of Time to Present Evidence in an Arizona Child Custody Case In the unpublished case of Eaton v. Eaton, Ms. Eaton (Mother) filed an appeal after the family court granted a post-decree order to modify parenting time. On appeal, the record was considered to ascertain facts of the case and reviewed for any abuse […]

Posted in : Arizona Child Custody Laws , Leave a comment

Refusal to Provide Financial Documentation Basis to Dismiss Arizona Modification of Child Support Case

Posted on : December 6, 2016, By:  Christopher Hildebrand
Refusal to Provide Financial Documentation Basis to Dismiss Arizona Modification of Child Support Case

Refusal to Provide Financial Documentation Basis to Dismiss Arizona Modification of Child Support Case When a party to a divorce whats to make changes to the child support amount (once the original decree has been entered), they must file a petition to modify child support. In order for the court to modify a child support order, […]

Posted in : Arizona Child Support Laws , Leave a comment

When a Judge Must Set a Child Custody Hearing in Arizona

Posted on : December 6, 2016, By:  Christopher Hildebrand
When a Judge Must Set a Child Custody Hearing in Arizona

When a Judge Must Set a Child Custody Hearing in Arizona The Arizona Court of Appeals in the unreported decision in the case of Thompson v. Vaughan addressed the requirements that must be met to file a motion to modify a child custody order in Arizona. The court of appeals evaluated whether an Arizona judge’s decision to dismiss […]

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Late Disclosure of Evidence in an Arizona Divorce Case

Posted on : December 6, 2016, By:  Christopher Hildebrand
Late Disclosure of Evidence in an Arizona Divorce Case

Late Disclosure of Evidence in an Arizona Divorce Case A person going through a divorce has the right to appeal the trial judge’s decision if he or she believes an error has been made. In the unpublished case of Castro v. Castro, the wife appealed the trial court’s decision to not allow her to use […]

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Retroactive Modification of Child Support Should Align With a Change in Parenting Time

Posted on : December 6, 2016, By:  Christopher Hildebrand
Retroactive Modification of Child Support Should Align With a Change in Parenting Time

Retroactive Modification of Child Support Should Align With a Change in Parenting Time The divorce decree contains the court’s original orders for child support payments. If a party seeks a yo change child support at a later date, that parent must file a petition to modify child support with the family court. When considering a […]

Posted in : Arizona Child Support Laws , Leave a comment