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Modification of Child Support Agreement in Arizona

Posted on : January 12, 2017, By:  Christopher Hildebrand
Modification of Child Support Agreement in Arizona

Modification of Child Support Agreement in Arizona A custodial parent can waive her claim to past due child support. However, the waiver must be proved by clear and compelling evidence. In Ray v. Mangum, 788 P.2d 62 (1989) the Arizona Supreme Court discussed the type of evidence that supports a finding of waiver. Facts and […]

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Modification of Settlement Agreement in Arizona

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

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

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

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

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

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Suitable Notice for a Child Custody Hearing

Posted on : January 9, 2017, By:  Christopher Hildebrand
Suitable Notice for a Child Custody Hearing

Suitable Notice for a Child Custody Hearing A parent is entitled to receive adequate notice before a hearing on modification of child custody. Failure to provide sufficient notice violates due process rights. What constitutes adequate notice? Is one day notice sufficient to prepare a defense to a petition for modification of custody in Arizona? In […]

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Notice of Child Support Hearing in Arizona

Posted on : January 5, 2017, By:  Christopher Hildebrand
Notice of Child Support Hearing in Arizona

Notice of Child Support Hearing A parent is entitled to receive adequate notice before a hearing on modification of child support. Failure to provide sufficient notice violates a parent’s due process rights. What constitutes adequate notice? How is notice impacted by a court’s suggestion that it will not consider a modification of child support? In […]

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Legal Standard for Termination of Parental Rights

Posted on : January 5, 2017, By:  Christopher Hildebrand
Legal Standard for Termination of Parental Rights

Legal Standard for Termination of Parental Rights New York law allowed the state to terminate the rights of parents if the court found that a child was “permanently neglected.” The law required that a “fair preponderance of the evidence” support that finding. Does the Due Process Clause require a higher standard than preponderance of the […]

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False Accusations of Child Abuse in Arizona

Posted on : January 4, 2017, By:  Christopher Hildebrand
False Accusations of Child Abuse in Arizona

Ramsey v. Yavapai Family Advocacy Ctr.: Duty to Report Abuse In Arizona, therapists, physicians and other health care personnel are required to report child abuse. Can they be sued for doing so if charges are later dismissed? In Ramsey v. Yavapai Family Advocacy Ctr., 225 Ariz. 132, 235 P.3d 285, 291 (App. 2010), the Arizona […]

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Community Property Interest in a Business Owned Prior to Marriage

Posted on : August 10, 2016, By:  Christopher Hildebrand
Community Property Interest in a Business Owned Prior to Marriage

Community Property Interest in a Business Owned Prior to Marriage In Arizona, the earnings of the spouses during marriage are community property. In a divorce, the court divides the money and assets between the spouses equitably. The exact division is generally left to the discretion of the trial court. However, an appellate court can review […]

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