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Effect of Employment Benefits on Child Support in AZ | Hildebrand Law

Posted on : January 13, 2016, By: Chris Hildebrand

Employment Benefits and Child Support in Arizona

Effect of Employment Benefits on Child Support in Arizona

Effect of Employment Benefits on Child Support in Arizona.

Effect of Employment Benefits on Child Support in Arizona.

It is important to understand the effect of employment benefits on child support in Arizona. The purposes of the Arizona child support law is to establish a standard of support for children consistent with the reasonable needs of children and the ability of parents to pay.

The law says that virtually all income earned by a parent must be considered by the divorce court making a child support award.

It also says: “Cash value shall be assigned to in-kind or other non-cash benefits.” The Arizona Court of Appeals addressed the effect of employment benefits on child support in Arizona.

In the case of Patterson v. Patterson, 248 P.3d 204 (Ariz. Ct. App. 2011), the Arizona Court of Appeals discussed whether the divorce court should include the value of a military father’s free, on-base housing as income when calculating child support.

Raquel Helena Patterson and Shawn Jamaal Patterson were married for nine years before they divorced. Shawn was a Sergeant in the Air Force and had free, on-base housing. The divorce court judge refused to include the value of Shawn’s free housing in his gross income for child support purposes. Raquel appealed, arguing that it should have been considered.

Learn About the Effects of Employment Benefits on Child Support in Arizona from Our Arizona Licensed Attorney Chris Hildebrand of Hildebrand Law, PC.

Effect of Housing Benefits on Child Support

Although Raquel specifically requested that the value of Shawn’s free, military housing be included in his income for child support purposes, the court refused to do so. It said that the value of housing was not money received by Shawn and that military housing was never included.

The Court of Appeals noted that Arizona law provides that “expense reimbursements or benefits received by a parent in the course of employment … shall be counted as income if they are significant and reduce personal living expenses.”

Under this law, Arizona family law courts include in a parent’s gross income work benefits that are not paid in cash, like an employer’s contributions to a parent’s retirement plan and health-insurance premiums. The value of these benefits is counted in the parent’s gross income if the family court finds that they are “significant and reduce personal living expenses.”

The Court of Appeals reviewed cases in other states and found that many included the value of free housing in gross income for child-support purposes. Some of these cases involved military housing. After this review of Arizona law and cases from other jurisdictions, the Court of Appeals decided that the Patterson divorce court should not have simply excluded this income.

Rather, it was obliged to determine the value of Shawn’s on-base housing, and then consider whether that value was significant and reduced his personal living expenses. If so, the value of the on-base housing could constitute an “in-kind or another non-cash benefit” that should be included in his income when the court calculated child support.

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Scottsdale Arizona Divorce Attorney.

Scottsdale Arizona Divorce Attorney.

Chris Hildebrand wrote this article to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.

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Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus. Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend. Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face. I highly recommend Chris Hildebrand @ Hildebrand Law, PC.

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I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.

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I interviewed several firms and selected Hildebrand Law for my difficult military divorce as a direct result of their whole family concern and integrity. During the interview process the professionals at Hildebrand Law were as concerned for the well being of my children as I was and ensured that they presented several options along the way to ensure that we protected my children's needs as well as my financial situation. At each decision point they laid out a clear path, how it impacted the children, the financial situation. They even reminded me that my ultimate stated goal was the best interest of my children each time the other party got particularly challenging and my frustration was getting the better of me. The owner handled my case personally and was exceptionally well versed in the unique aspects of a divorce involving the military and associated benefits. Won't need them again (fingers crossed!!! :) ) but would totally recommend them to anyone!

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We had a fairly complicated case in Family Court and Juvenile Court. Kip was an excellent attorney. He covered every base there was to cover and left no stone unturned. I would highly recommend him to anyone going through custody proceedings. Hildebrand Law is an excellent law firm and I am confident that Kip or any of their other attorneys would do an excellent job! Thanks Kip and Hildebrand Law!

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Chris Hildebrand is one of the sharpest and effective attorneys that I have encountered in my 27 years of business. Doing business on the East Coast, as well as Southern California and Arizona has afforded me countless opportunities to work with legal minds from various parts of the country. Needless to say, Chris is by far one of the most honest, intelligent and street smart attorneys I have encountered. I have referred a number of people to Chris and everyone has been fully satisfied. 100% recommend him!

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HIGHLY RECOMMEND! Cannot say enough wonderful things about my experience with Hildebrand Law. I have been working with Chris and the firm for about 6 years now, and I always feel like my concerns, issues and questions are addressed in a thorough and timely manner. They definitely have my best interests at heart. I recommend Chris whenever anyone asks me who I used as my divorce attorney. Great firm and great results!

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I hired Michael Clancy just when I was about to give up on an existing post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!

Shari Abbit

Shari Abbit

21:15 12 Apr 19

HIGHLY RECOMMEND! Cannot say enough wonderful things about my experience with Hildebrand Law. I have been working with Chris and the firm for about 6 years now, and I always feel like my concerns, issues and questions are addressed in a thorough and timely manner. They definitely have my best interests at heart. I recommend Chris whenever anyone asks me who I used as my divorce attorney. Great firm and great results!

Rick Cabral

Rick Cabral

23:23 22 Jan 19

Chris Hildebrand is one of the sharpest and effective attorneys that I have encountered in my 27 years of business. Doing business on the East Coast, as well as Southern California and Arizona has afforded me countless opportunities to work with legal minds from various parts of the country. Needless to say, Chris is by far one of the most honest, intelligent and street smart attorneys I have encountered. I have referred a number of people to Chris and everyone has been fully satisfied. 100% recommend him!

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