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Contested vs. Uncontested Divorces

Posted on : March 27, 2017, By:  Hildebrand Law
Contested vs Uncontested Divorces

Contested vs. Uncontested Divorces An uncontested divorce basically means that both spouses agree on all of their divorce-related issues. Thus, an uncontested divorce usually involves less stress and fewer legal fees. A contested divorce however is just what it sounds like: one or both spouses contest (dispute) some aspect of their divorce. In a contested […]

Posted in : Arizona Divorce Laws , Leave a comment

Jurisdiction is Necessary to Petition for Visitation

Posted on : March 20, 2017, By:  Christopher Hildebrand
Jurisdiction is Necessary to Petition for Visitation

Jurisdiction is Necessary to Petition for Visitation The Arizona Court of Appeals-Division One rendered an unpublished decision in the case of Bourgo v. Bourgo a grandparent visitation petition that had previously been denied in an Arizona family court. Since the case is unpublished, you may not be allowed to cite this case as authority in […]

Posted in : Grandparents Rights in Arizona , Leave a comment

Authority to Hear Support Enforcement Action in Arizona

Posted on : March 6, 2017, By:  Christopher Hildebrand
Authority to Hear Support Enforcement Action in Arizona

Authority to Hear Support Enforcement Action in Arizona A court in Arizona can only hear a divorce if it has jurisdiction to do so. In the past, the court in the county where the couple resided had exclusive jurisdiction. No other Arizona court could rule on matters involved in the divorce, including child support enforcement. […]

Posted in : Arizona Child Support Laws , Leave a comment

Can Non-Custodial Parents Seek Child Support Arrearages

Posted on : March 6, 2017, By:  Christopher Hildebrand
Can Non-Custodial Parents Seek Child Support Arrearages

Can Non-Custodial Parents Seek Child Support Arrearages Each parent has a duty to provide financial support for minor children. After a divorce, the parent with whom the child lives generally is entitled to child support from the other parent. Can a mother get child support where the father wins custody but she won’t give him […]

Posted in : Arizona Child Support Laws , Leave a comment

Sister State’s Right to Modify Arizona Support Ruling

Posted on : March 2, 2017, By:  Christopher Hildebrand
Sister States Right to Modify Arizona Support Ruling

Sister State’s Right to Modify Arizona Support Ruling Under URESA, a person living in Arizona can ask the court in another state to enforce an Arizona support order. Can that sister-state court modify the Arizona support order? In Ibach v. Ibach, 600 P.2d 1370 (Ariz. 1979) the Arizona Supreme Court considered the issue. Case Facts […]

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Dismissing a Paternity Action in Arizona

Posted on : March 2, 2017, By:  Christopher Hildebrand
Dismissing a Paternity Action in Arizona

Dismissing a Paternity Action in Arizona Who may bring a paternity action in Arizona? Can a country attorney bring an action asking the court to determine paternity on his own? In Traphagan v. Superior Court, 666 P.2d 76 (1983) the Arizona Supreme Court considered the issue. Case Facts Mrs. Traphagan, a single woman, gave birth […]

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“Good Cause” in a Paternity Action

Posted on : March 2, 2017, By:  Christopher Hildebrand
Good Cause in a Paternity Action

“Good Cause” in a Paternity Action A married man in Arizona is the presumed father of a child born during the marriage. However, another man may bring a paternity action and the court can order blood testing to make the determination. Can it reject blood testing by applying the “good cause” requirement in Rule 35(a) […]

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Determining Child Support in Arizona

Posted on : March 2, 2017, By:  Christopher Hildebrand
Determining Child Support in Arizona

Determining Child Support in Arizona In Arizona, the trial court determines the amount of child support and how to divide it between the parents. Is the amount based on the adjusted gross earnings of the noncustodial parent? Or the minimum the child requires to survive? In Ortiz v. Rappeport, 820 P.2d 313 (Ariz. Ct. App. […]

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Is a Child Support Order Void if it Does Not Mention Past Contributions Due?

Posted on : March 2, 2017, By:  Christopher Hildebrand
child custody lawyer Arizona

Is a Child Support Order Void if it Does Not Mention Past Due Child Support? In Arizona, the trial court is charged with determining the amount of child support due going forward as well as past child support that is due. Is a child support order void if it does not mention past due child […]

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Child Support Obligations of a Minor in Arizona

Posted on : March 2, 2017, By:  Christopher Hildebrand
divorce attorney Phoenix AZ

Child Support Obligations of a Minor in Arizona In Arizona, each parent has the legal obligation to provide financial support for their minor children. Does this apply to a boy who fathers a child when he is only 13? In State v. Anonymous, 768 P. 2d 174 (1988) the Arizona Court of Appeals considered the […]

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