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Excluding Testimony in an Arizona Child Custody Case

Posted on : January 11, 2017, By:  Christopher Hildebrand
Excluding Testimony in an Arizona Child Custody Case

Excluding Testimony in an Arizona Child Custody Case Arizona courts have authority to impose contempt sanctions when parties disobey the court’s rulings. Those sanctions must be drawn as narrowly as possible, particularly when a third party’s interests are involved. In a custody action, the best interests of the child are paramount. Is it appropriate for […]

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Modification of Settlement Agreement in Arizona

Posted on : January 11, 2017, By:  Christopher Hildebrand
Modification of Settlement Agreement in Arizona

Modification of Settlement Agreement in Arizona Couples divorcing in Arizona can draw up their property settlement agreements and parenting plans. The custodial parent may waive child support. The courts approve these plans, but they are not always obligated to enforce them. Must a court enforce a penalty clause in an agreement waiving back child support in […]

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Power of the Court to Appoint a Guardian for a Child in Arizona

Posted on : January 11, 2017, By:  Christopher Hildebrand
Power of the Court to Appoint a Guardian for a Child in Arizona

Power of the Court to Appoint a Guardian for a Child in Arizona A guardian ad litem is an attorney appointed to represent those unable to represent themselves, like minor children. A trial court has the inherent power to appoint a guardian ad litem for a child witness. However, the appointment can conflict with the […]

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Level of Corroboration Required in a Fault Divorce

Posted on : January 11, 2017, By:  Christopher Hildebrand
Level of Corroboration Required in a Fault Divorce

Level of Corroboration Required in a Fault Divorce Today, Arizona is a no fault divorce state. However, under the earlier law, couples could only divorce by proving fault. And if a spouse sought divorce for fault, it could not be based solely on her testimony. The testimony had to be corroborated. In Kennedy v. Kennedy, 93 […]

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Damages Caused by a Community Property Vehicle

Posted on : January 11, 2017, By:  Christopher Hildebrand
Damages Caused by a Community Property Vehicle

Damages Caused by a Community Property Vehicle Property a spouse brings to a marriage remains his or her separate property. However, the spouses can agree to convert the property to community property. It can also be converted to community property by gift. In Sellers v. Allstate Ins. Co., 555 P.2d 1113 (1976) the Arizona Supreme […]

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