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Start Date for Temporary Support in Arizona | Voted “Best of the Valley”

Posted on : December 22, 2015, By:  Christopher Hildebrand
Temporary Child Support in Arizona

Start Date for Temporary Support in Arizona

Start Date for Temporary Support in Arizona.

Start Date for Temporary Support in Arizona.

Arizona laws are used to determine spousal maintenance, child support and family support awards and amounts. In some cases, the court finds a temporary family support award appropriate. An issue that may arise is when to set the start date for temporary support in Arizona. Laws and specifications regarding the handling of awards vary when comparing awards as set down in a final Decree to a temporary family support award. The differences between how the two types of financial awards are handled can lead to difficulties in interpreting the law as pertaining to the situation at hand. Such seemed to be the case with Maximov v. Maximov.

Ronit Rosenberg and Eitan Maximov were married on August 7, 1998. Eitan petitioned for a dissolution of marriage on October 26, 2005. At that point in time, the couple had one child and Ronit was pregnant with a second child. The decree of dissolution was entered by the family court on July 30, 2007. Included in the final Decree were changes to the temporary family support awarded prior to the court proceedings that were made effective prior to the date on which Eitan filed a petition requesting a modification. Ronit attempted to address concerns through post-trial motions that were denied. This appeal followed.

Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
A Google User
A Google User
20:31 20 Sep 17
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
A Google User
A Google User
21:41 07 Nov 17
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Google User
Google User
14:58 04 Oct 17
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
A Google User
A Google User
16:03 22 Nov 17
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
A Google User
A Google User
22:14 28 Jun 17
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
A Google User
A Google User
18:16 18 Sep 17
Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
A Google User
A Google User
19:22 23 Aug 17
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
A Google User
A Google User
17:44 23 Jun 16
I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.
Bassam Ziadeh
Bassam Ziadeh
21:20 02 Apr 18
I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.
Larry Flint
Larry Flint
21:53 27 Feb 18
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.
Sam Franchimone
Sam Franchimone
22:09 12 Sep 13

Determining Temporary Family Support

Ronit Rosenberg Maximov is seeking an appeal to the family court’s decision to reduce and reallocate temporary family support paid by Eitan Maximov from April 2006 through September 2006. The appellate court reviewed the ruling to determine whether there was an abuse of discretion in the decision to modify the amount of support. The details pertaining to the temporary order of support are as follows: Maximov was ordered to pay his wife $7,500 per month beginning April 1, 2006, for spousal maintenance and child support. He paid this amount from April through September 2006 totaling $45,000. On September 11, 2006, Eitan filed for a modification of temporary support. Ruling on the motion was deferred by the court until trial. The trial took place on May 1, 2007, and no payments for temporary family support were made from Eitan to Ronit from October 2006 through May 2007.

The judgment decree was entered by the court on July 30, 2007. At this time, the court reduced Eitan’s support obligation from $7,500 per month to $1,826.34 per month. This change was based on the court’s findings that Eitan could not afford compliance with the $7,500 per month award. The court also allocated the amount Eitan did pay (totaling $45,000) over the time period beginning December 1, 2005, and ending July 31, 2007. In effect, Eitan paid $2,250 per month in temporary support. In light of Eitan’s inability to pay the full amount, Rosenberg’s pending motion to find him in contempt for failure to pay support was denied.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

Rosenberg argued that the court violated Arizona Revised Statutes section 25-327 (2007) by decreasing the family support obligation between April and September 2006 because the court allegedly did not have the authority to do so and because the trial court did not determine good cause for the reduction. She felt the court should have left the $7,500 obligation in place through September 30, 2006, and started the reduced family support obligation on October 1, 2006. Ronit asserts that the court erred in its decision by failing to find the Eitan owed $18,263.40 for temporary family support for the time period when he did not make payments: October 1, 2006, through July 31, 2007.

Evidence of a Substantial and Continuing Change in Circumstance is Required to Modify Support

The difficulty with Ronit’s arguments comes in the statutes she references for her arguments. Section 25-237 (A), A.R.S. does require evidence of substantial and continuing change of a modification or termination of support already in place and not as an exception any amount in arrearage or prior to the date of the notice of the motion or order requesting modification or termination. The statute continues to specify that the effective date of such a change cannot be prior to the date of filing the petition. These statutes, while seemingly applicable at first, do not apply to pre-decree temporary orders for family support. Therefore, the court did not violate the provision when they reduced the family support and reallocated it to cover the ensuing months.

In addition, during court proceedings, it was found that Eitan could not afford the amount originally specified in the temporary support orders. His only source of funds at the time of the order was from borrowed monies. Shortly thereafter he obtained funds through the sale of a 1.4-acre lot (in August 2006). Eitan did not receive any income or other money after August 2006.  For the reasons stated above, the appellate court feels the court’s ruling is justified and rejects Ronit Rosenberg Maximov’s arguments. Furthermore, it was decided that the family court did, in fact, have the authority to set the effective date of the modification to the temporary family support to a date prior to the filing of the motion for modification by Eitan Maximov. There was no error in the action. The appellate court affirms the family court had the authority to modify the temporary family support award, as well as the effective date of the modification to a date prior to the filing of the petition for modification.

Call us at (480)305-8300 to schedule your personalized consultation with one of our experienced Phoenix and Scottsdale Arizona divorce attorneys.



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