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Relocation is a Modification of Child Custody in Arizona Triggering the One Year Rule

Mother and Father divorced in Arizona in 2009 and subsequently entered into a parenting agreement. Under their 2009 parenting agreement, Mother and Father shared joint physical custody and joint legal decision making of their children.

In January 2014 an Arizona court modified the 2009 parenting agreement, increasing Father’s parenting time with the children. The January 2014 order awarded Father six days with the children every two weeks.

In February 2014 Mother planned to remarry and wished to move with the children to Nebraska. Father responded by filing a motion to prevent relocation with the Superior Court to prevent Mother’s relocation.

The Superior Court granted Father’s motion, preventing Mother from relocating with the children to Nebraska. Mother then appealed her case to the Arizona Court of Appeals.

Arizona Laws on Relocating Children

The Arizona Court of Appeals began the opinion by acknowledging that the parenting time of the parties in this case would naturally be affected by Mother’s relocation to Nebraska.

In Arizona, the laws pertaining to relocation are inherently intertwined with the laws on parenting time and legal decision making. To understand Arizona relocation laws, therefore, it is important not to miss the forest for the trees.

A.R.S. § 25-408 is the general statute governing relocation of children in Arizona. Under § 25-408(A)(1) it states that “if by written agreement or court order both parents are entitled to joint legal decision making or parenting time and both parents reside in the state, at least forty-five days’ advance written notice shall be provided to the other parent before a parent may relocate the child” more than 100 miles.

Essentially, when parents have a parenting decree in place and both parents reside in Arizona, restrictions are placed on a parent’s ability to relocate their children. Parent’s cannot simply relocate with the children more than 100 miles of their residence without approval from either the other parent or the court.

The requirement of notice is an important aspect of the statute because it gives the non-relocating parent an opportunity to object to the relocation by filing a motion to prevent relocation with the court.

Pursuant to § 25-408(C), when the court is petitioned to prevent another parent’s relocation, the court must take the time to determine the appropriateness of the relocation, focusing on how the relocation adversely affects the parental rights of the non-relocating parent. Such parental rights include parenting time and legal decision making.

Per § 25-408(G), when ruling on a relocation request the court must also take into consideration the best interest of the children when determining whether a relocation is appropriate. To determine a child’s best interest a court must consider all relevant factors, including the factors prescribed in A.R.S. § 25-403.

The burden of proving that the relocation is in the child’s best interest is on the parent requesting relocation.

Lastly and most importantly in this case, A.R.S. § 25-411 provides that a court generally cannot, with a few exceptions, modify an order for legal decision making or parenting time “earlier than one year after its date.”

In other words, parents with child custody orders in place must wait at least one year before a court will consider modifying those child custody orders.

There are certain exceptions to the one-year limitation on modification of child custody in Arizona, but in this specific case none of those exceptions applied.

Relocating Children Out of State Implies a Modification of Child Custody

Relocation Necessitates a Modification of Child Custody Orders.

The Arizona Court of Appeals emphasized Mother’s relocation would necessarily imply a change in the parties’ parenting time, and possibly legal decision making as well.

That meant that the parties January 2014 agreement was subject to the one-year limitation regarding modifications of parenting time and legal decision-making orders.

The Arizona Court of Appeals also noted that specific findings of fact would have to be made regarding the best interest of the children before Mother’s relocation could be deemed appropriate.

Although there is no specific language in § 25-408 stating that a court must make findings of fact on the best interest of the child, such findings are required because Mother’s relocation to Nebraska would involve a “substantial change in physical custody.”

The Arizona court of Appeals cited Owen v. Blackhawk, 206 Ariz. 418, 79 P.2d 667 (2003) in support of this proposition. Under Owen, when a relocation involves a change in physical custody and parenting time, a court must make findings of fact on parenting time and legal decision making, using the factors listed in §25-403 to determine the best interest of the child.

The Arizona Court of Appeals made clear that because a year had not passed since the parties’ January 2014 order, the court had no basis to modify the child custody orders. The Arizona Court of Appeals determined the Superior Court correctly granted Father’s motion to prevent Mother’s relocation.

Parents Can Still Agree to Relocate Without Court Intervention

Mother argued the Superior Court failed to enforce an agreement she reached with Father while Father’s motion to prevent relocation was pending.

Mother produced emails and text messages she believed evidenced an agreement to allow Mother to relocate with the children to Nebraska.

One of the emails produced by Mother was an email sent from Father to his attorney. Contained in that email was a three-page document outlining terms by which Mother would be allowed to relocate to Nebraska with the children at the end of the school year.

The document incorporated major provisions such parenting time, child support, telephone access, medical expenses, costs of the children’s extracurricular activities, tax exemptions, and attorney fees.

In the email Father wrote “this is the reconciliation we hammered out … if you would prep this into a submittable format and send me and her attorney a copy so we can all thumbs up before it is submitted.”

After Father’s attorney failed to respond to the email, Father sent an email to Mother stating that his attorney had not responded yet but that he “made it very clear to go right ahead.”

After Father’s attorney had not responded in a timely fashion, Father sent a follow up email to his attorney stating “I have twice indicated in phone messages over the last few weeks that my ex-wife and myself are in agreement and have come to a mutually acceptable arrangement … I am in agreement with its contents which I have read and understand.”

Father did not deny he reached an agreement with Mother, but Father argued that he had not actually signed any such agreement.

Agreements to Relocate Must be in Writing and Signed to be Enforceable

A Parent May Not Relocate a Child Within One Year of the Issuance of Child Custody Orders in Arizona.

Arizona Rule of Family Law Procedure 69 states that an agreement shall be valid and binding if it is in writing and signed by the parties, or the agreement’s terms are stated by the parties on the record before a judge.

The Arizona Court of Appeals noted Rule 69 is to be interpreted consistently with similar rules contained in the Arizona Rules of Civil Procedural, stating that “no agreement or consent between parties or attorneys in any matter is binding if disputed, unless it is in writing or made orally in open court, and entered in the minutes.”

Therefore, the Arizona Court of Appeals suggested that Father’s writings could constitute an enforceable agreement under Rule 69.

The Arizona Court of Appeals declined to decide the issue directly, electing to remand that issue back to the Superior Court.

Even though the Arizona Court of Appeals did not decide the issue, the legal requirement of a signed writing remains a well-established requirement of enforceability.

Without a signed writing, any such agreement, such as the one between Mother and Father, is at serious risk of being unenforceable by a court.

Providing Evidence of a Relocation Agreement

The Arizona Court of Appeals found that the Superior Court had improperly excluded Mother’s emails from being used as evidence of the agreement.

The Superior Court cited Arizona Rule of Evidence 408 in support of excluding Mother’s proffered emails.

Rule 408 bars evidence of compromise offers “to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement.”

However, Rule 408 does not bar such evidence given for reasons other than proving the validity of a claim.

Here, Mother had not offered the emails to prove the validity of her relocation claim, and Mother had not offered the emails to prove that the relocation was in the best interest of the children. In other words,

Mother was not offering evidence of settlement negotiations to prove her relocation claim on its merits. Instead Mother had offered the emails to prove that the parties had reached an agreement on the relocation claim. Mother was offering the evidence to prove the parties had settled their claim.

Although the Arizona Court of Appeals did not rule on whether an agreement was actually reached between Father and Mother (that issue was remanded back to the Superior Court), it did rule that Mother’s emails were improperly excluded.

Relocating Must be Proven to be in the Best Interest of the Child

Relocation Must Be In Children's Best Interests.

Father also argues, in support of not enforcing the agreement, that the Superior Court had already found that relocation to Nebraska was not in the children’s best interest.

The Arizona Court of Appeals noted, however, that although the Superior Court had ruled on the issue of the best interest of the children, the Superior Court had made that ruling without making any findings of fact or gathering any evidence.

When the best interest of a child is a disputed issue between the parties, the court must allow each party to present evidence before it can ultimately determine the best interest of the child.

Award of Attorney’s Fees in Arizona

Lastly, Mother argues that the lower court incorrectly awarded Father attorney’s fees because the Superior Court failed to consider each party’s respective financial resources.

In Arizona an award of attorney’s fees can potentially be granted under A.R.S. § 25-324. The statute allows reasonable attorney’s fees to be awarded “after considering the financial resources of both parties and the reasonableness of the positions each party has taken throughout the proceedings.”

Here, the Superior Court made no findings on the reasonableness of the parties’ respective legal positions and made no findings regarding the parties’ respective financial resources.

The Arizona Court of Appeals therefore vacated the Superior Court’s award of attorney’s fees to Father.

Both Father and Mother also requested attorney’s fees on their appeal.

However, the Arizona Court of Appeals declined to rule on the issue of attorney’s fees, due to the lack of information regarding the parties’ respective financial resources.

Instead the issue of attorney’s fees was remanded back to the Superior Court.

Conclusion

If a parent wishes to relocate children more than 100 miles from their residence, the parties will need to modify their current parenting plan.

But, parenting plans can generally only be modified by a court after a year has passed, with a few exceptions, since the entry of that last child custody orders.

That does not mean however parents cannot agree on relocating their children.

But, if you do decide to make an agreement outside of the courtroom, that agreement must be in writing and signed to be enforceable.

If parents are not able to come to an agreement, be prepared to show with evidence that the proposed relocation is or is not in best interest of the child.

Arizona Child Relocation Attorneys

If you have questions about child custody laws in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have over 100 years of combined experience successfully representing clients in child custody and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your child custody or family law case around today.

More Articles About Child Custody in Arizona


Essential 3 Steps of Buying a House During a Divorce in Arizona

Essential 3 Steps of Divorce and Buying a House in Arizona.

Some people going though a divorce in Arizona ask questions about divorce and buying a house in Arizona.

The idea of going through a divorce can be daunting; particularly if you plan on buying a house during a divorce in Arizona. It can be made even more difficult if one of the spouses wants to buy a house as his or her sole and separate property.

If you are considering buying a house during your divorce process in Arizona, it is important to understand the legal implications and know what to expect.

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Step 1: Property Division Laws About Divorce and Buying a House in Arizona

Buying a House as Community Property in Arizona

In Arizona, all marital assets are subject to equitable division upon divorce. This means that in most instances, any assets acquired during the marriage will be divided between the two spouses.

If a home was bought during the marriage, the court will take into account both spouses’ interests and decide whether one or both parties should retain ownership of it after the divorce.

Buying a House as Separate Property in Arizona

However, property can also be characterized as one of the spouse’s sole and separate property. Sole and separate property of a spouse will be awarded to that spouse and not divided between the spouses.

If one spouse is purchasing a house during a divorce, they will need the other spouse to sign a Disclaimer Deed disclaiming any community property interest in the home.

Buying a House During a Divorce Requires a Disclaimer Deed

If your spouse refuses to sign a Disclaimer Deed to the home you wish to buy during the divorce process, you will not be able to purchase a home until the divorce is finalized.

A judge, correspondingly, lacks the authority to order your spouse to sign a Disclaimer Deed to allow you to purchase a home during the pending Arizona divorce because the Arizona legislature in title 25 of the Arizona Revised Statutes did not grant an Arizona trial judge with that authority.

Step 2: What to Expect when Buying a House During Divorce

If you decide to buy a house during your divorce proceedings in Arizona, you will need to discuss this with your lawyer and make sure that both parties are comfortable with the decision before moving forward.

Consider Obtaining Pre-Approval of a Home Loan

Depending on your financial situation, you may want to obtain pre-approval for a mortgage loan before starting to look for properties.

It is also important to remember that any disputes regarding property division must be resolved before finalizing the purchase of a new home.

Finding and Closing Upon the House you Want to Buy

Once everything is settled and you have obtained proper financing for your purchase, you should begin searching for houses that fit within your budget and personal preferences.

You may want to consider having an inspection done on any potential homes prior to making an offer so that you can ensure that there aren’t any hidden problems or surprises down the line.

Once an offer has been accepted by a seller, both parties should receive legal advice from separate lawyers who focus their practice on family law before signing any paperwork or contracts related to the house purchase.

This step is important as it ensures that both sides’ interests are protected throughout this process and that nothing is overlooked or forgotten about during negotiations or settlement discussions prior to closing on the property.

Step 3: Closing On Your New Home

When all agreements have been made and contracts signed, it’s time for closing day! During this process, both divorcing parties must appear at closing and sign all necessary paperwork associated with transferring ownership of the new home from the seller to one of the spouses involved in the divorce.

The presence of attorneys involved can make this process smoother as they will ensure all details are taken care of before closing takes place.

Talk to the Attorneys at Hildebrand Law

If you have questions about buying a house during a divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.

How Does Divorce Affect Buying a House in Arizona?

Youre Getting Divorced are You Sure You Want the House

A divorce can affect buying a house because the outcome of the divorce can affect your ability to afford a mortgage payment or to be qualified to apply for a loan to purchase a house due to the possibility of child support payments, spousal maintenance payments, and the division of community debts.

Is it Hard to Buy a House After Divorce in Arizona?

Using Community Funds to Pay a Mortgage on a Spouses Sole and Separate House

It depends on whether the divorce created additional financial obligations, such as the payment of debts and family support obligations, that make it hard to obtain a mortgage to by a house after divorce.

Is a Mortgage Split After a Divorce in Arizona?

Home State Legal Definition

A judge will not order a mortgage to be split between spouses in a divorce in Arizona. Most judges will either order the house to be sold or will award the house to one spouse under the condition he or she refinances the mortgage to remove the other spouse from that mortgage.

More Articles About Divorce in Arizona

Making Smart Real Estate Decisions After Divorce: How to Know When Buying a House is the Right Choice After a Divorce in Arizona

Having gone through the emotional rollercoaster of divorce, you may find yourself contemplating whether buying a home is the right next step for your life.

Making decisions involving your financial future can be daunting—not to mention expensive!

But if you’re looking to build roots and create stability in your post-divorce world, buying a house after your divorce may be the best financial decision you make.

In this blog post, we’ll explore how to make smart real estate decisions after divorce so you can confidently decide when buying a home is the right choice.

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What to consider when buying a home after divorce

When getting a home after a divorce, there are a few things you should consider. The first is your budget. You need to make sure that you can afford the mortgage and other costs associated with homeownership.

It should come as no surprise that finances may be tighter after divorce than before since you are no longer sharing living expenses with your former spouse and payments for child support and alimony may affect a person’s disposable income.

The second factor to consider is location. You need to think about where you want to live and what’s important to you in a neighborhood. The location where you children will live with the other parent may play a role in you decision to live close to your kids.

The last consideration is the type of home to buy. Do you want a condo, townhouse, or single-family home? Talk to your real estate agent about what’s available in your budget and location.

How to calculate what you can afford

When figuring out what you can afford, it’s important to take a number of factors into account. One of the most important is your income.

Another factor to consider is your debt-to-income ratio. This is the percentage of your monthly income that goes towards debt payments, including credit cards, car loans, and student loans. A high debt-to-income ratio can make it difficult to qualify for a mortgage. You want to make sure that your monthly expenses aren’t too high compared to your after tax monthly income.

You should also budget for unexpected expenses. These can include things like car repairs or medical bills. It’s important to have some savings set aside in case of unexpected expenses. You should also have a rainy day fund to cover three to six months’ worth of living expenses, including a mortgage, in case you lose your job or experience another financial emergency.

When calculating what you can afford, it’s important to be realistic about your expenses and income. Don’t assume that you can afford a bigger house or a more expensive car than you can actually afford. It’s important to be mindful of your budget and live within your means. By taking all of these factors into account, you can figure out what you can afford and create a budget that will help you stay on track financially.

The benefits of buying a home after divorce

There are many benefits to buying a home after divorce. One of the biggest benefits is that it can provide stability for children. When parents go through a divorce, it can be difficult for children. Having a stable home environment can help them feel safe and secure.

Another benefit of buying a home after divorce is that it can provide financial stability. Often, when couples divorce, there is a lot of financial stress. Buying a home can help reduce this stress and allow you to move on with your life.

Finally, buying a home after divorce can help you rebuild your life. Often, when couples get divorced, they lose their sense of community. Buying a home can help you rebuild your life and create new friendships in your new community.

The challenges of buying a home after divorce

Is it smart to buy a house after a divorce in Arizona?

When a couple divorces, one of the biggest challenges they face is what to do about the family home. In most cases, one person will buy out the other’s share of the home.

This typically involves the spouse keeping the house to refinance the home to remove the other spouse from the mortgage. Failing to refinance the home to remove a spouse from the mortgage on the home could result in the other spouse being denied credit because of his or her larger debt to income ratio, having their credit harmed if the spouse keeping the home fails to make mortgage payments on time, or being held responsible for the mortgage if payments stop being made on the home.

If you can’t afford to buy out your ex-spouse, you may need to sell the home and divide the proceeds equally between you both. This can be difficult if you have children and want them to stay in the same home, but it may be your only option if you can’t afford to keep it. However, sometimes a fresh start for everyone in a new home may play a role in the healing process after divorce.

Tips for making the process smoother

If you’re considering a move, there are a few things you can do to make the process smoother. First, start by sorting through your belongings and deciding what you want to take with you and what you can leave behind or donate. You don’t want to end up packing and moving everything yourself, so be ruthless in getting rid of things you never use.

Next, start researching your new neighborhood. Find out what the commute will be like, what the schools are like, and whether there are any good restaurants or shopping nearby. You don’t want to move somewhere that doesn’t feel like home, so it’s important to do your research.

Finally, start preparing for the move itself. Pack a box of essentials that you’ll need for the first few days in your new home, and make sure you have all of your important documents ready to go. Moving can be stressful, but if you plan ahead and take it one step at a time, you’ll be able to make the transition smoothly.

In conclusion, buying a home after divorce can be both exciting and scary. It is important to consider all of your options and what you can afford before making any decisions.

There are many benefits to buying a home after divorce, but there are also some challenges that you may face. By following these tips, you can make the process smoother and less stressful.

Schedule an Appointment With One of Our Experienced Attorneys

If you have questions about divorce in Arizona, you should contact the attorneys at Hildebrand Law, PC. Our Arizona family law attorneys have over 100 years of combined experience successfully representing clients in community property and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your community property or family law case around today.

Other Articles About Community Property in Arizona

How an Arizona Divorce Can Impact Social Security Benefits

How Divorce Can Impact Social Security Benefits.

If you are going through a divorce, you should know how an Arizona divorce can impact social security benefits. Divorce can be a difficult, emotional transition. On top of the impact it has on your personal life, it can also have an effect on your finances.

One aspect that people should consider when going through a divorce is how it will affect their social security benefits. Let’s take a closer look at this so you can understand how to best protect yourself financially during and after a divorce.

One of the first things you should do is to determine what social security payments you can expect to receive based upon your employment history. You can sign up on the Social Security Administration’s website to view your personal social security statement.

How Divorce Can Impact Social Security Benefits: The Basics of Social Security Benefits

Social security benefits are primarily based on your work history, so it typically won’t be affected by a divorce, assuming that you have worked enough to qualify for them in the first place.

That said, if you were married for at least 10 years before filing for divorce, you may be eligible for spousal or survivor benefits on your former spouse’s record even if they haven’t applied for their own social security retirement benefit yet.

This means that you could potentially receive up to 50% of their full benefit amount as long as you remain unmarried until age 60 (age 50 if disabled).

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Divorced Spouse Benefits

If you meet the eligibility requirements outlined above, then your former spouse does not need to sign off on anything in order for you to get divorced spouse benefits.

However, they must have already filed for social security retirement benefits in order for you to receive these payments.

It’s important to note that remarriage after age 60 (age 50 if disabled) will terminate any spousal or survivor rights from previous marriages unless the new marriage ends through death or annulment.

Understanding Survivor Benefits

In the event that your former spouse dies before applying for retirement benefits but after at least 10 years of marriage, then there may be other options available to receive survivor benefits.

For example, if you are caring for minor children who are entitled to receive social security benefits due to their parent’s death, then those children may also be eligible for survivor benefits until they reach adulthood (18-19 years old depending on the state).

Additionally, if your former spouse had assets such as pensions or annuities that provide monthly payments upon death and those assets were acquired during the marriage period then those assets may also qualify as survivor benefits under certain circumstances.

Summary of the Affect of Divorce on Social Security Benefits

Choosing a Valuation Date When Dividing Assets in a Divorce in Arizona.

Divorce can be an emotionally and financially difficult process but knowing how it might affect your future social security payments can help ease some of the stress associated with it.

Understanding which types of social security benefits may still be available after a divorce is key to ensuring that all parties involved in the split are taken care of financially down the line.

Consult With a Social Security Benefits Expert

It’s wise to consult with an expert who understands this complex system so that both spouses are well prepared and protected moving forward with their lives post-divorce.

By doing this, you can protect yourself financially before, during, and after your divorce. Additionally, understanding the different types of social security benefits available to divorced spouses can help ensure that both parties receive their fair share once the divorcce settlement is complete.

Being aware of the potential effects a divorce may have on your social security benefits can make all the difference in the long run.

Be sure to do your research and consult with experts if necessary so that you’re fully prepared for any changes or unexpected outcomes.

With this knowledge in hand, you can confidently move forward following your divorce without any doubt or worry about how it might impact your finances down the road. This will save both time and money in the long run.

The aftermath of a divorce can be difficult to cope with, but understanding the financial implications it may have on your future is key to being prepared.

By doing some research and speaking with an expert if necessary, you can ensure that any potential effects on your social security benefits are taken into account prior to finalizing the settlement.

This will make all the difference in protecting yourself financially both now and in the years ahead following your divorce. With this knowledge in hand, you will surely be able to confidently move forward with peace of mind.

Contact Our Experienced Attorneys About Your Divorce Questions

If you have questions about how a divorce affects your social security benefits, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.

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The [Rising] Trend of “Grey Divorce” in Arizona: Why More Couples Over 50 are Calling it Quits

The Current Trend of Grey Divorce

There is a rising trend of grey divorce in Arizona. In the past, divorce was a taboo topic and something that most people would not even consider.

Today, it is much more common for couples to end their marriages after years of being together.

In fact, the divorce rate among couples over 50 has doubled in the last decade according to a recent study conducted by Bowling Green State University.

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Factors That Have Influenced an Increase in Grey Divorces

The [rising] trend of “grey divorce” can be attributed to several factors. For example, more couples are choosing to get married later in life and many have already been through one or more divorces before meeting their current spouse.

The majority of couples who are getting divorced after 50 have been married for 20 years or longer and they may feel that the marriage has simply run its course.

Another factor is the fact that people are living longer and healthier lives than prior generations.

This means that people are more likely to grow apart from their spouse as they age, rather than stay together out of necessity.

Another factor is that women have become more independent and financially secure, which makes them less likely to tolerate an unhappy marriage.

Finally, social norms around marriage have changed, and it is now more socially acceptable for couples to divorce later in life.

Why They Call it a Grey Divorce in Arizona

What is a Grey Divorce in Arizona?

“Grey divorce” is a term used to describe divorces involving spouses over the age of 50. The trend of grey divorce has been dubbed “Gray Divorce.”

Gray divorce, sometimes called a “Silver Divorce”, refers to divorces that occur among couples who are typically members of the Baby Boomer generation. Grey divorce is on the rise in the United States.

If you are considering a grey divorce, it is important to be prepared for the challenges that come with ending a long-term marriage. You will need to deal with issues like property division, alimony, and explaining to your adult children why you are getting divorced.

You may also face judgment from family and friends who do not understand why you are getting divorced later in life. However, if you are unhappy in your marriage, a grey divorce may be the best decision for you.

Reasons for the Trend of Grey Divorce

There are a few reasons for the trend of “grey divorce.” The first is that older couples have been married for a longer time.

This means that they are more likely to have experienced some sort of relationship issue. Another reason is that older couples often have children together.

This can make the divorce process more complicated and difficult. Finally, financial troubles are also a common cause of divorce in older couples.

So Why Is ‘Gray Divorce’ Becoming More Common Now?

The meaning of marriage has shifted over time. In the past, marriages were more likely to be arranged by families or other institutions.

Today, people are more likely to choose their own partners and marry for love. This change in the meaning of marriage may be one reason why more couples over 50 are calling it quits.

More women are economically independent and have an alternative pathway out of an unsatisfying marriage.

In the past, women were more likely to stay in a bad marriage because they lacked the economic resources to leave.

Today, more women are breadwinners and can support themselves financially if they decide to divorce.

Older couples are living longer and may have more regrets after surviving to age 65. People are living longer than ever before, and this gives them more time to experience unhappiness in their marriages. If they divorced earlier in life, they would not have had to endure as many years of misery.

The Impact of Grey Divorce

More couples over 50 are calling it quits, which is having a negative impact on both parties involved.

This so-called “grey divorce” is a trend that is growing in popularity, and can have a number of negative consequences. For example, grey divorce can lead to:

– Financial problems

– Emotional stress

– Relationship difficulties

– Loneliness

If you are struggling with the aftermath of a grey divorce, it is important to get professional help. You should also try to live where you have always wanted to live and pursue hobbies and interests you never had time for in the past.

Retirement in a Gray Divorce

The impact of a grey divorce in Arizona.

When you are getting a divorce after 50, it is important to consider your retirement plans. If one spouse has stayed home or held a less demanding job to take care of the children and run the household, that spouse may not have enough money saved for retirement.

In this case, the stay-at-home spouse may be entitled to alimony and part of the the working spouse’s retirement plan.

One of the biggest issues with divorce later in life is figuring out who will take care of children and other dependents.

If you have a child or an elderly parent who depends on you, you should consider this when deciding if you want to stay in the marriage.

If your spouse is the primary caregiver and you are a breadwinner, it may be difficult for both of you to adjust.

Challenges of Grey Divorce

The main challenges of a grey divorce include the split of home equity, retirement benefits, and pension benefits. Some couples believe that it is better for them to pursue their disparate interests by divorcing.

Alimony is an important topic during any divorce, and how it works during a grey divorce is highly dependent on the facts and circumstances of each case.

How to Cope with Grey Divorce

First, to avoid having to go through a gray divorce in Arizona it’s important to stay connected with your spouse or long-term partner. Growing apart is one of the main reasons why couples choose to divorce later in life, so it’s important to make an effort to connect on a deeper level.

While a grey divorce can be a difficult decision for both parties involved, it can also be a healthier solution for both of them.

If you’re considering grey divorce, there are some things you should keep in mind.

Second, grey divorce can be difficult for both parties involved. Be prepared for a lengthy and emotional process.

Finally, remember that grey divorce is not ideal, but it can be a better option than staying in an unhealthy relationship.

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The Definitive Guide to Child Support in Arizona

Arizona Child Support Laws

The Arizona State Legislature has set forth the Arizona child support laws. These child support laws in Arizona are found in Title 25 of the Arizona Revised Statutes, Chapters 25-500 to through 25-685 and 25-1201 through 25-1362 (the “Uniform Interstate Family Support Act”).

Child support is meant to help feed, clothe, and house children. The amount of child support that you might expect to pay or receive depends on several factors including your income and the needs of your child.

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How Are Child Support Payments Calculated in Arizona?

Arizona Child Support Guidelines

The Arizona child support guidelines are a set of rules that help parents determine how much money they need to pay in order to support their children. The guidelines are mandatory and they provide a starting point for the court to work from when ordering child support.

The primary goal of the Arizona child support guidelines is to ensure that children receive the financial support they need in order to thrive. The guidelines take into account both parents’ income, as well as other factors such as health insurance and daycare costs.

Do the Courts Deviate From the Arizona Child Support Guidelines?

The Arizona Child Support Guidelines are just that-guidelines. The courts understand that there may be special circumstances in a family’s life which would require a deviation from the calculation. In order to request this, the petitioner must provide written details and state explicitly why they believe it is in the child’s best interest to deviate from the guidelines.

The court takes many things into account when making their decision, including written determinations that it is in the child’s best interests and necessary for the child’s health, education, or welfare to deviate from the guideline calculation. The overall well-being of the child is always of utmost importance to judges and they will carefully consider all requests for deviation.

Gross Income of Each Parent

The Definitive Guide to Child Support in Arizona.

When it comes to child support, the gross income of each parent is important to consider. This includes all sources of income, including recurring gifts and, in some cases, personal loans. It’s essential to have an accurate picture of each parent’s financial situation so that a fair child support agreement can be reached.

Once you have calculated the gross income of each parent, you need to make some adjustments. This will give you the combined adjusted gross income for both parents. From there, negotiations can begin and a child support agreement can be reached that is fair for everyone involved.

Income of a Parent’s Spouse

When it comes to child support, the income of a parent’s spouse is not taken into account. The calculation is based solely on the incomes of the parents. This ensures that children are supported financially even if their parents get divorced and the new spouse has a lower income.

Keep in mind that if your ex-spouse makes more money than you do after adjustments are made to each of your individual gross incomes, he or she will have a higher proportional percentage of responsibility for paying child support.

After making all necessary adjustments, the court will determine how much obligation each parent has for supporting their children. This decision takes into account both parents’ financial situations.

Income of Self-Employed Parents

Calculate Income of a Self-Employed Parent.

When it comes to child support, parents who are self-employed may have more complicated cases than those who are not. This is because the courts can count business expenses that reduce personal living expenses as income. In other words, a self-employed parent’s actual income may be higher than what is shown on paper.

This can make things difficult if one does not understand their own finances or the other spouses finances. In some cases, it may be necessary to retain an accountant in order to determine a self-employed parent’s income for child support in Arizona. Doing so can help ensure that the appropriate amount of child support is ordered by the court.

Are there any other special considerations regarding child support in Arizona?

There are a few other things to keep in mind when it comes to child support in Arizona. For example, even if you can’t afford to pay the full amount of child support that is owed, you still have to make payments. Additionally, any arrearages on child support payments can’t be discharged in bankruptcy. And finally, 50% of your paycheck can be garnished through a Wage Assignment for child support.

Another thing to consider is travel expenses. The court may take into account whether or not one parent has had to travel a significant distance in order to exercise their parenting time rights. In cases where the parents live far apart, this could mean a parent may have to share in the travel expenses incurred for the parent to exercise parenting time..

Finally, it’s worth noting that a third party who gets custody of a child in Arizona is entitled to both parents’ financial support.

When the parents share custody of the child equally, is child support eliminated?

The answer is no–child support will still be ordered when parents share custody of the children equally. In fact, the Arizona courts will use the income share model to calculate child support in this case.

Under the income share model, both parents are responsible for contributing to their child’s financial needs. This takes into account each parent’s gross income and how much time the child spends with each parent. So even if you and your ex-spouse have equal custody of your children, one of you will have to pay child support to the other parent.

What are the income tax implications of child support in Arizona?

When it comes to the tax implications of child support in Arizona, there are a few things to keep in mind. First and foremost, the Arizona Child Support Guidelines do not use net income or deductions that reduce taxable income when calculating child support. This means that the amount of child support you pay is not impacted by your federal or state income taxes.

In addition, if you are ordered to pay child support, you may be able to claim certain tax deductions on your federal and state income taxes. However, please note that these deductions may vary depending on your individual tax situation. As always, it is best to consult with a qualified tax professional for more information.

What Is the Priority of the Child Support Obligation in Arizona?

Income Tax Implications of Child Support in Arizona.

In Arizona, the obligation to pay child support takes priority over all other financial obligations. This means that if you are behind on your mortgage or car payments, you still have to make your child support payments on time. The state will not hesitate to enforce this priority by imposing penalties such as jail time.

So if you’re having a hard time making ends meet, it’s important to contact your Arizona child support enforcement agency right away. They can help you work out a payment plan that fits within your budget and allows you to continue supporting your children financially.

What are the consequences for failing to pay child support in Arizona?

Some parents don’t enjoy paying child support. Unfortunately, if you fail to pay, the consequences can be severe.

For starters, if you’re held in contempt for your failure to pay child support, you may face jail time as punishment. The court may also order other penalties such as the suspension of your driver’s license or professional license. The court will also order you to pay interest on back child support making even harder to catch up.

Ouch! That doesn’t sound fun at all. So hopefully you’ll do everything in your power to avoid falling behind on those payments.

What are the enforcement options for collecting child support in Arizona?

If a non-custodial parent falls behind on child support payments by 30 days or more, the custodial parent can take them to court for contempt.

The Arizona Department of Economic Security is the state agency responsible for collecting child support payments, and they have a number of enforcement options available to them. These include garnishing the non-custodial parent’s wages, seizing their bank accounts, and taking their tax refunds.

The Mandatory Exchange of Financial Information

Parents who have a child support order in Arizona are required to exchange their financial information at least every two years. The purpose of this exchange is to find out if the current child support order should be modified.

The court order for exchanging financial information from parents includes exchanging an Affidavit of Financial Information. This document requires both parents to provide detailed information about their income and debts. The affidavit must be sworn under penalty of perjury.

If either parent has a change in their financial situation, they may request a modification to the child support order. The court will consider all relevant factors when making a decision, including the updated financial information provided by both parents.

How can child support payments be modified in Arizona?

Parents who are paying or receiving child support payments in Arizona may be wondering how the amount of those payments can be changed. Fortunately, Arizona has a simplified modification procedure that makes it relatively easy to modify child support payments. The following provides an overview of the process for modifying child support in Arizona.

If you would like to file a Petition to Modify Child Support in Arizona, you must do so by filing a document with the court that requests the change. In your petition, you will need to state why you believe the child support payment should be modified and be prepared to provide any evidence to the court to back up your claim. You will also need to include information about your current income and healthcare and child care expenses, as well as those of the other parent.

Once both parents have filed their petitions and supporting documents with the court, a hearing will be scheduled where both sides will have an opportunity to present their case before a judge. If the judge agrees that there is grounds for modifying child support, he or she will issue an order specifying the new payment amount. Parents are often able to reach agreements between themselves regarding modifications without having to go through this process; if they do so, they can submit a stipulation (agreement) to the court for approval.

Does child support automatically reduce when one of my children emancipates?

Guide to Child Support Modifications in Arizona.

When a child emancipates, their parents are still responsible for providing financial support for any remaining unemancipated children. The amount of child support payments does not automatically decrease when one of the children emancipates.

There are a few things to consider when it comes to emancipation and child support. For one, the law does not automatically reduce payments when a child becomes emancipated. Additionally, there are other factors that courts may take into account when determining whether or not child support should be reduced.

The court will also look at the age of the children and how much money each parent makes. If one parent is making significantly more than the other, this could also impact decisions about child support payments

Will Either Parent’s Remarriage Affect a Child Support Order?

When it comes to child support, the answer to this question is a bit complicated.

For example, if the new spouse has children from a previous relationship, and those children also live with the parent who is remarried, the court may not reduce or terminate the child support order. Additionally, if either of the parents has additional expenses related to supporting step-children (like providing them with clothing or paying for their medical care), then those costs will also not be taken into account when determining whether or not to reduce or terminate a child support order in Arizona.

Disability Benefits Received for the Child

When it comes to child support, the disability benefits a custodial parent receives as a result of the disability benefits being paid on behalf of the other parent will count towards satisfying the other parent’s child support obligation. However, any overage in those disability payments are not credited toward arrears or as additional support paid. In other words, just because the other parent received more per money per month than the court ordered child support amount through disability benefits doesn’t mean you don’t still have to pay unpaid child support.

It’s important to remember that simply receiving these benefits does not absolve you from paying anything towards back child support payments–you’ll still need to catch up on past due amounts.

You should seriously consider contacting the attorneys at Hildebrand Law, PC, if you have questions about child support in Arizona. Our Arizona child support and family law attorneys have over 100 years of combined experience successfully representing clients in child support and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or complete our appointment scheduling form to schedule your personalized consultation and turn your child support or family law case around today.

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How to Ask Your Spouse for a Divorce in Arizona

Preparing to have “the talk” about divorce with your spouse

One of the most difficult things about a divorce is how to ask your spouse for a divorce in Arizona. There is no doubt a divorce is stressful, so we want to help you out by discussing how to ask your spouse for a divorce. According to Statista, an average of 2.9 out of every 1,000 households file for divorce.

When you’re getting ready to have the talk about divorce with your spouse, it’s important to remember you have the advantage. After all, you’ve had time to prepare and think about how they may react.

This gives you a slight edge in the conversation, so be sympathetic when you deliver the news to your spouse who may not be prepared to hear what you have to say.

Control Your Emotions When You Ask Your Spouse for a Divorce

Even though you may be feeling nervous or scared, try not to show it. Be firm when explaining why you want a divorce, but don’t sound angry or bitter. Remember that this is a difficult conversation for both of you, so try to stay calm and civil.

One thing to keep in mind: don’t assign blame for the divorce on your spouse. It will only make things more complicated and heated during this already emotional discussion. If there are specific reasons why you want a divorce, be sure to mention them but do it in a constructive way.

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Obtaining legal advise from an experienced Arizona divorce attorney is important. It is important for you to understand where you will be at financially, both in terms of the division of assets and family support, and what is likely to be ordered for parenting time with your children.

The experienced attorneys at Hildebrand Law, PC can help you understand exactly what the likely outcome is in a divorce. Having that information beforehand will remove a significant amount of anxiety and stress from the situation when you are asking your spouse for a divorce in Arizona.

Choose a good time and place to tell your spouse you want a divorce.

How to Ask Your Spouse for a Divorce in Arizona.

When you’re ready and confident on how to ask your spouse for a divorce, choose an appropriate time and place.

You’ll want to make sure the setting is free from distractions and that your spouse has plenty of time to talk. It’s also important to keep the discussion private, so try not to have it in a public place where others can overhear.

If you have children, make arrangements for them to be somewhere else so they don’t see or hear their parents fighting.

This will likely be a difficult conversation for everyone involved, but it’s important to stay calm and respectful. It’s best if both of you can walk away from the conversation feeling like you’ve been heard.

How to Ask Your Spouse for a Divorce Peacefully

If you are in an unhappy marriage, it is usually better to ask for a divorce peacefully. This means being direct and calm when you talk to your spouse about it. You don’t want the discussion to turn into a argument, because that will only make things worse.

If both of you are able to stay calm and rational, you can work together to figure out the logistics of the divorce. This includes deciding who will move out of the house, how you will split up your assets, and custody arrangements for any children involved. It’s important to remember that these discussions should be handled as amicably as possible, so that everyone can move on with their lives as smoothly as possible.

Make Sure You Are Safe When Asking Your Spouse for a Divorce

When you’re getting ready to have the conversation about divorce with your spouse, your first priority is always safety. You’ll want to choose a safe place for the two of you to talk, and make sure it’s a time when neither of you is likely to be angry or emotional.

It can be helpful to have a friend or family member close by in case things get heated, but it’s important that they don’t actually participate in the conversation.

Dealing With Your Spouse’s Reaction

Asking Your Spouse for a Divorce in Arizona.

When you tell your spouse that you want a divorce, they may have an emotional reaction. It is important to remember that it is crucial to listen and not interrupt them. You may regret not doing this later on down the road.

Remember, your spouse will likely have a bad reaction when they hear about the divorce. That’s why it’s so important to be patient and let them talk. Don’t forget they need to express their feelings too.

Next Steps After Having the Conversation About Divorce

Now that you have had the conversation about divorce with your spouse, what do you do next?

First and foremost, you should tell your children. This is an incredibly difficult conversation to have, but it is important that they hear it from you first.

Next, tell your family and friends. They will want to know what is going on and they may be able to provide support during this difficult time.

Finally, consider counseling to help deal with the new family dynamics in a divorce.

You should not start dating anyone before the divorce is final. This can be a very confusing time for your children and it is best if they don’t see you moving on too quickly.

Give yourself some time to heal after the divorce before jumping into a new relationship. Divorce can be tough, but with time and patience, you will get through this difficult chapter in your life.

If you need information about a potential divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona divorce case around today.

Can you get a divorce without your spouse’s signature in Arizona?

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The short answer is no, with one exception of a divorce being entered by default. Either a judge in Arizona will issue a divorce without either spouse’s signature after a divorce trial or the parties both sign a Marital Settlement Agreement. The only exception is if a default divorce decree is issued because your spouse does not file an Answer to the Petition for Dissolution of Marriage or fails to otherwise defend the divorce proceedings.

What is a Wife entitled to in a Divorce in Arizona?

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A Wife, just as is the case with the Husband, is entitled to 50% of the community property and may, in some circumstances, be entitled to child support and/or spousal maintenance in an Arizona divorce.

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Can You Sell Property Before a Divorce in Arizona? Here’s What You Need to Know

Selling Your House Before Divorce

When a couple decides to get divorced, one of the first things they will often do is sell their home or other property. This can be a relatively simple process, but there are a few things you need to know in order to make sure everything goes smoothly.

One of the most important things to remember is that the proceeds from the sale of the house are typically placed in a separate secured account; typically an attorney’s trust account. If your spouse cannot agree on how to split the money, it will be up to the court to decide.

Another thing to know is that the current real estate market has seen prices increase dramatically, and sellers can expect top dollar for their homes. The process for selling your house is relatively simple, but it’s important to find a realtor who can negotiate the sale and make sure that you get top dollar.

It is common for couples to delay the sale of their home until divorce is finalized, but there may be better times than when divorce is final. For example, if you’re expecting a child or if one spouse needs time to find new housing, selling your home before divorce might not be ideal.

You should also consider the fact that the seller is typically responsible for any repairs or costs associated with the home sale. The real estate agent can suggest improvements to make it easier to sell the property, such as painting and new carpeting.

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Is selling property before divorce settlement a good idea?

There are a few things to consider when deciding whether or not to sell your house before getting divorced. One is that selling the house ensures you have time to find the right buyer. It also helps ease the transition into single life. Selling property before a divorce settlement is considered by some to be a good idea because the parties can equally share in any capital gains taxes.

In some cases, it may be better to delay the sale of property in order to take advantage of a potential increase in value of the home. Of course, the value of the home could also go down due to real estate market corrections as well. There are resources that can help you determine both the value of your house to help you to decide if you should sell it before your divorce settlement goes through.

Should I Sell Our Home If I Have Children?

When parents are going through a divorce, they often ask themselves whether they should sell their home before filing for divorce. This question can be difficult to answer, as it depends on many factors specific to each case. Some things you may want to consider include:

-How will selling the home affect our children?

-Can we live in the marital residence together with our children during the divorce proceedings?

-Will one spouse move out and buy or rent another home?

-If one spouse moves out, who will stay in the home with the children?

-What is our financial situation like and how might that change if we sell the home?

-Who will make the payments on the house if it is not sold?

Each couple’s situation is unique, so it is important to speak with an attorney before making any decisions about selling your home before a divorce.

What are the Benefits of Selling Your House Before Divorce?

Can You Sell Property Before a Divorce in Arizona?

When a couple decides to get divorced, one of the first things they need to do is figure out what happens to the family home. If both parties want to stay in the house, then they will have to decide how much each spouse will pay towards the mortgage.

However, if only one person wants to keep the home, they will have to refinance the home to remove the other spouse from the mortgage and, likely, to pay the other spouse his or her share of the equity in the home.

There are several benefits to selling your house before divorce:

1) You will have already taken care of the division of this marital asset.

2) You can avoid possible litigation over who gets the house in a divorce if you sell your house before the divorce is finalized.

3) The recent housing market is an advantage to sellers–you may be able to get a higher price for your home now than you would after the divorce is final.

4) Selling your house after divorce may be more difficult due to a lack of cooperation from a spouse due to hurt feelings stemming from the divorce litigation.

5) There are benefits to selling your house before divorce even if you’re not in a rush to leave your spouse. For example, by selling now, you will have already gotten rid of one major stressor in your life and will be able to move on with fewer complications; not to mention having more money to live on.

However, there are some situations where selling your house before divorce is not typically a good idea. For example, if there are ongoing children involved in that marriage, it might be better to wait until the divorce is final so that they can have a familiar and stable home.

Pros and Cons of Selling Before the Divorce

As we have seen, selling a home before a divorce in Arizona can be a good way to make things easier for everyone involved, but there are some things you need to keep in mind before you take this step.

If you choose to sell before the divorce is final, you will get to split the money easily without having to worry about negotiations or property issues again. This can be a big advantage if there is animosity between you and your former spouse – you won’t have to deal with them anymore about selling the house once the house is sold.

However, selling property before a divorce can be difficult. You will need cooperation from your former spouse in order to agree on a price and decide on who gets what share of the proceeds from the sale. If they are unwilling or unable to cooperate, it could delay or even prevent the sale from happening altogether.

Another thing to consider is that timing a sale before, during, or after divorce can have both benefits and drawbacks. For example, selling during divorce could lead potential buyers into thinking they can but the house cheaply because of the pending divorce. On the other hand, waiting until after divorce might mean taking longer than necessary to finalize the sale and receive the money.

No matter when you decide to sell, it’s important to be honest with potential buyers about why you’re selling. Hiding the motivation for selling a home is never a good idea – it can make people suspicious and could lead to problems down the road.

Is It Better to Wait to Sell Your House After the Divorce is Final?

Benefits of Selling Your House Before Divorce in Arizona.

One of the issues that arises when people begin dividing their marital property in a divorce is that one spouse may end up with a greater amount of the net worth of all of the spouses’ assets.

To correct this inequity, parties typically agree the spouse with greater equity pay an amount to the other spouse to equalize the division of community property.

If there is not enough liquid resources to make that equalization payment, a spouse may be forced to rely on the other spouse’s promise to make payments toward that equalization payment. That situation can lead to additional disputes in the future.

So, one reason to wait to sell your house until after the divorce is final is that the equity from the house can be used to pay that equalization payment in one lump sum; thus avoiding future disputes over equalization payments.

If you have questions about whether you can sell property before a divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona community property and family law attorneys have over 100 years of combined experience successfully representing clients in community property and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your community property or family law case around today.

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Late Disclosure of Expert Witness Reports in an Arizona Divorce

Wife and Husband have two children. Husband lived in Rhode Island and Wife lived in Arizona. Wife filed for dissolution of their marriage after becoming pregnant with husband’s third child. The parties agreed that the children would spend the school year with one parent and summers with the other parent.

There was a dispute, however, over which parent would be the primary residential parent. After evidence was submitted and reviewed, the court ordered Husband be the primary residential parent.

Two years later, Wife filed to modify the parenting plan claiming Husband was not providing the children with the necessary standard of care.

All description of expected expert witness testimony and their written reports were to be submitted to the court by October 14, 2016. Wife did not disclose her expert testimony until October 21, 2016. The court ordered a continuance of the initial trial to accommodate Wife’s failure to timely disclose her expert witnesses expected testimony and supplemental report. Wife missed that deadline as well.

The court eventually allowed Wife’s expert to provide his report of the children’s well-being and ultimately denied wife’s petition to modify because she failed to show a substantial and continuing change of circumstances that would justify a change in the children’s primary physical residence.

Arizona Rules of Family Law Procedure Require Disclosure at Least 60 Days Before Trial

Arizona Rule of Family Law Procedure 49(H) obliges each party to disclose, at least 60 days before trial, all information regarding any expert witness he or she intends to call at trial. Mother was ordered to follow this 60-day requirement but did not comply and her evidence was therefore not timely.

Arizona Rule of Family Law Procedure 65(C)(1) provides that when a party fails to disclose information in a timely manner, he or she “shall not, unless such failure is harmless, be permitted to use as evidence at trial, at a hearing, or in support of a motion, the information or the testimony of a witness not disclosed, except by leave of court for good cause shown.”

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Late Disclosure of an Expert’s Report Must Be Prejudicial to the Other Party

Ultimately the court held that the untimely disclosure deprived Father of a fair opportunity to “obtain Dr. Mellen’s notes, to schedule and complete a deposition, or to allow his expert witness the necessary time to prepare a rebuttal report.” The appeals court rejected Mother’s argument Father had ample time to cure this prejudice and his failure to depose Dr. Mellen in the two weeks before trial constituted “lying in wait” and using the discovery rules as a “weapon.”

Wife was also aware the Supplemental Report was forthcoming and failed to give Husband advance warning or seek leave from the court to disclose the report when it became available.

Wife asserted in the Superior Court that her late disclosure occurred because of “illnesses, staff turnover and absences at her counsel’s office in February 2017, and Mother’s inability to pay Dr. Mellen to prepare the Supplemental Report until February 2017.”

Even if the Court accepted Wife’s justification, she was aware a report would be forthcoming and failed to request a continuance or alert anyone to the impending disclosure, or the issues she encountered in producing the document. Accordingly, the Superior Court rejected her argument.

Wife-citing Hays v. Gama, 205 Ariz. 99 (2003)-argues that despite her disclosure violation, the superior court improperly excluded the Supplemental Report because “a trial court abuses its discretion when it excludes evidence that impacts a child’s best interests.”

Hays is distinguishable from this case. In contrast to Hays, here, Mother failed to comply with Rule 49(H) and failed to show good cause for her non-compliance. Arizona Rule of Family Law Procedure 65(C) therefore authorized the superior court to exclude the untimely disclosed Supplemental Report.

Additionally, unlike the evidentiary sanctions in Hays, the Superior Court did not omit any evidence that had an “especially significant effect” on its ability to determine the best interests of the child.

The court admitted Dr. Mellen’s Original Report, and she testified that the children had adjusted poorly to Husband’s home, their relationship with Wife had been disrupted, and Wife was more “attuned” to the children’s needs. Wife claims the Supplemental Report contained new information critical to her case.

Specifically, she cites Dr. Mellen’s summaries of her interviews and observations of the children and her opinions that the children were suffering from their removal from Mother’s primary care at young ages.

She also criticized Husband’s expert’s methodology and opinion that the children were well-adjusted to Husband’s home. Dr. Mellen’s Original Report contained similar concerns regarding the children’s poor adjustment to being separated from Wife and her conclusion that Husband was not attuned to the children’s needs.

Further, with respect to the child interviews in which the middle child allegedly expressed a desire to live with Wife and the oldest child allegedly expressed frustration about the quality of her education in Rhode Island, the court found, as part of its best interests’ analysis, the children were too young for it to give weight to their preferences.

This gave the court enough information regarding the children’s best interest; the Superior Court did not abuse its discretion by excluding the supplemental report.

If you have questions about timely disclosing expert witness testimony and reports in a divorce case in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona family law attorneys have over 100 years of combined experience successfully representing clients in child custody and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your child custody or family law case around today.

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Learn Who Qualifies for Spousal Maintenance in Arizona

An important question we have been asked is who qualifies for spousal maintenance in Arizona. Arizona revised statute section 25-319(A) provides the five reasons a court may consider qualifies a person to be “eligible” to receive spousal maintenance in Arizona.

We placed the word “eligible” in quotations because a person deemed eligible for spousal maintenance under A.R.S. 25-319(A) may, nonetheless, still not receive an award of spousal maintenance after the court considers the factors in A.R.S. 25-319(B).

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Five Factors That Make a Person Eligible to Receive Spousal Maintenance

The Arizona legislature chose to include five reasons a judge can find a person to be eligible to receive spousal maintenance. A spouse will be eligible for an award of spousal maintenance if they meet ANY of the five factors. Specifically:

  • A spouse lacks sufficient property to provide for his or her own reasonable needs;
  • A spouse lacks sufficient earning capacity to provide for his or her needs or is the custodian of a young child and should not be expected to work;
  • A spouse made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse;
  • A spouse had a marriage on long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient;
  • A spouse has significantly reduced his or her income or career opportunities for the benefit of the other spouse;

The Arizona Court of Appeals in the case of Cotter vs. Podhorez discussed the two parts of the spousal maintenance statute. Specifically, the Court of Appeals indicated the first step was determining if the spouse is eligible for an award of spousal maintenance. If so, the court then decides whether it is appropriate to actually grant that spouse alimony and, if so, how much and how long pursuant to the factors set forth in A.R.S. 25-319(B). This means a person who is deemed “eligible” to receive spousal maintenance under 25-319(A) may or may not be awarded spousal maintenance after the judge considers the factors in 25-319(B).

A Spouse Lacks Sufficient Property to Provide for His or Her Reasonable Needs

The Arizona Court of Appeals in the case of Cotter vs. Podhorez evaluated how a spouse lacking sufficient property to provide for his or her reasonable needs impacts a person’s eligibility to receive spousal maintenance in Arizona. Specifically, the court of appeals addressed what the term “sufficient property” means in a spousal maintenance case.

The Cotter court indicated that “sufficient property” is having enough property “capable of providing for the reasonable needs of the spouse seeking maintenance” whether by actively producing income, such as investments, or converting that property into a form that will provide for his or her needs, such as using property to payoff a home mortgage to reduce living expenses.

The Cotter Court referenced a prior decision from the Court of Appeals in the case of Deatherage vs. Deatherage as ruling that a spouse may have to sell or encumber their property to provide for his or her needs without that spouse having to rely upon spousal maintenance for that support.

This interpretation was a departure from prior thinking on the subject which was that a court cannot expect a spouse to sell assets to support themselves. The Cotter case made it clear that a spouse must use and even sell his or her property to support themselves before relying on spousal maintenance for that support.

Moving on, the Cotter court pointed out there has been no decisions indicating the period of time the property must be available to support that spouse after the divorce or legal separation to render themselves ineligible for an award of spousal maintenance. The Cotter court indicate prior decisions do support the contention that the property must be able to support that spouse over their entire lifetime.

Since a spouse is eligible for spousal maintenance if they meet ANY of the four requirements for spousal maintenance, a spouse who is currently self sufficient through employment to provide for his or her own current living expenses may, nevertheless, still be eligible for spousal maintenance if they still lack sufficient property to provide for their support over their entire lifetime, including when they cease working at retirement age.

The Cotter court indicated a judge should make rulings as to the value of a spouse’s property, the cost of the spouse’s reasonable living expenses, and the length of time the spouse’s property will provide for his or her reasonable needs before that property is exhausted.

A Spouse Lacks Sufficient Earning Capacity or Cares for a Young Child

Eligibility for Alimony in Arizona.

A person is eligible for an award of spousal maintenance if he or she lacks sufficient earning capacity to provide for his or her reasonable needs or is caring for a young child and should not be expected to work. This factor seems pretty straightforward at first, but a little real world examples can raise some interesting questions.

For example, what if a spouse can earn enough to cover his or her bills but has no other assets and no retirement or savings. Is that person eligible to receive spousal maintenance in Arizona? Likely, they are eligible to receive spouse maintenance because they will be destitute when they retire and have only social security and no assets to sustain themselves.

Another example is what happens if the spouse could be self sufficient for his or her entire lifetime if he or she would just return to school to obtain additional education. Should that spouse receive spousal maintenance for life even if they refuse to go back to school to obtain that education? Likely not, because the spouse requesting rehabilitative spousal maintenance must make reasonable efforts to become self-sufficient.

I do want to touch upon the factors that makes a person eligible to receive spousal maintenance if they are caring for a young child. Although this is a basis for eligibility by statute, it is rarely a factor supporting an award of spousal maintenance in reality.

A Spouse Made Significant Contributions to the Other Spouse’s Career or Earning Ability

A spouse who made significant sacrifices or otherwise contributed the other spouse’s career or earning ability may be eligible for an award of spousal maintenance. However, the eligibility and even the amount and duration of that award are directly proportionate to the benefit that spouse is realizing in the divorce from those earnings throughout the duration of the marriage.

For example, let’s say a stay at home parent is married to a high wage earning spouse. Over a 20 year marriage, the parties have accumulated millions of dollars in assets because of that high wage earning spouse. Those millions are going to be equitably divided thereby leaving both spouses millions of dollars with which to support themselves rendering an award of spousal maintenance highly unlikely.

However, if a spouse worked during the marriage to put his or her spouse through medical school and, upon graduating from medical school, a divorce is filed such that the marital community will not benefit from that medical degree, the supporting spouse would be eligible for spousal maintenance in Arizona.

Marriage on Long Duration and Too Old to be Expected to Seek Employment

A spouse may be eligible for spousal maintenance if they (1) were married for a long time and (2) are too old to be expected to work. Under this factor, both the length of the marriage and the age of the spouse seeking spousal maintenance must apply to be eligible for an award of spousal maintenance.

Arguably, an older spouse married a short period of time would not be eligible for spousal maintenance under this particular factor, but may be eligible under one of the other factors above.

So, one question is what is considered a marriage of long duration under this factor? As a practical matter, a marriage of over 20 years or more is going to be considered a marriage of long duration whereas a marriage of 10 years or less will not be considered a marriage of long duration. Marriages of 15 years are considered marriage of moderate duration.

Spouse Reduced His or Her Income or Career for the Benefit of the Other Spouse

At first glance, this appears very similar to the third factor listed above to be eligible for an award of spousal maintenance in Arizona. However, it is different in it doesn’t require that spouses efforts contributing to the career or earnings of the other spouse. All that is required is that there was some benefit to the other spouse, not necessarily tied to income of career opportunities, that form a basis for an award of spousal maintenance.

It is pretty rare this factor is utilized, but we can think of some possible scenarios that could be argued. For example, a spouse who has less assets or earning ability because he or she is caring for a disabled spouse or a spouse who traveled the country from city to city as his or her spouse pursued their career even if that moving didn’t result in a reduction in the income or career opportunities of the spouse seeking alimony.

Arizona Spousal Maintenance Attorneys

If you have questions about eligibility for spousal maintenance in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona spousal maintenance and family law attorneys have over 100 years of combined experience successfully representing clients in spousal maintenance and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your spousal maintenance or family law case around today.

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