Phoenix Family Law Blog

Arizona veteran takes center stage after USSC decision

After spending decades in the U.S. Armed Forces, veterans receive retirement benefits that help them enjoy their golden years with their families. That is, unless they get divorced. Prior to 1982, a significant amount of confusion existed regarding whether a non-military spouse could receive a portion of the service member's retirement.

In that year, Congress passed the Uniformed Services Former Spouses Protection Act, which gave states the right to include military pensions as part of the marital estate within certain guidelines. Even with certain instructions from the act, states were not consistent regarding what to do if a veteran took disability payments in lieu of a corresponding portion of his or her retirement. This often meant a reduction in any amount awarded to the non-veteran spouse.

Covering your child's needs without breaking the bank

The end of a marriage will inevitably bring about a change in the lives of everyone involved. While certain aspects of a divorce can be challenging, such as the division of property and assets, you may consider the topic of child support to be of the utmost importance. If you are transitioning from a two-person income to a single income, ensuring the ability to meet your child's needs while not becoming financially overwhelmed may be crucial.

Perhaps you are wondering how to calculate a proper amount for support. You probably want to make sure your children have everything they need throughout the process of growing up, but you likely don't want to fund your former spouse's endeavors in the process.

Don't ride into the sunset without your share of the assets

When your marriage has reached the end of the road in Arizona, your journey isn't over. You might be heading in a different direction, and you might be travelling alone, but you're still moving. What you bring with you on this new adventure will depend largely on how your divorce plays out.

Post-divorce changes are part of rebuilding

In the first year or so following your divorce, things may have gone well enough. You and your former spouse may have settled into your co-parenting agreement, and the child support payments arrived on time. After the months of stressful divorce, this may have been a welcome relief, and your life may finally be moving in a positive direction.

Mediation can minimize trauma typically associated with divorce

While most people in Arizona and elsewhere spend months planning their weddings, many file for divorce on impulse. Regardless of the circumstances, divorces can leave you emotionally and financially drained. However, with careful planning and qualified advisors, you may be able to control the outcome of your divorce.

What if my divorce settlement isn't as good as my best friend's?

You and your best friend have a tradition: at the beginning of every season, you go shopping together to get that one trendy clothes item everyone wants to have. But you never, ever pay full price. Afterward, you go for coffee and celebrate the good deal you got. It's a game to see how much you can save.

But this year, it's slightly different. You're both newly divorced. You have a little less financial flexibility than you had before, so you're looking for a screaming good deal. You probably won't get anything, actually, unless it's over 50-percent discounted. She, however, takes out her wallet and buys the item (and a few more) at the first store you visit. She's a little self-conscious about it and mumbles something about having plenty of money now that her divorce is final. Suddenly, you find yourself with a bad case of envy. 

Avoid co-parenting conflicts by following these tips

The marriage has ended, but you must still interact with your ex when raising children together. Co-parenting can be the cause for major conflict after divorce, but remember that every fight over your kids adds to your children's suffering. Learn how to avoid co-parenting conflict with these tips.

Follow the golden rule

Be kind to your ex, even if you are still coping with the pain of divorce. Try to remember that you'll see him or her when your children graduate from high school or college, get married, or have kids of their own. If things get ugly, these future occasions can be emotionally fraught for all. When you can be civil and nice to each other, everyone benefits.

How social media can impact your divorce

A majority of people on this planet are active on social media. Specifically, according to Pew Research Center, 74 percent of the adults that are online are engaged on social networking sites. So, it's not surprising that social media posts are now being used by divorce attorneys in court cases.

Can your social media profiles be used against you in court? Yes, your photos, posts and other online information are admissible in court. While it might bring momentary relief to vent on Twitter, Facebook, or Instagram, it's a bad strategy. Here is how social media can impact your divorce and some tips to avoid those pitfalls.

What can be done to reduce domestic violence?

According to stats from the Bureau of Justice, the rate of domestic violence has been dropping. In 1994, it stood at 16 people out of every 1,000. In 2000, it was just under eight out of every 1,000 people. In 2010, it was just above four.

Now, it's worth noting that this only counted intimate partner violence, and it also only counted when women were the victims. Still, even if the overall stats are higher, it still shows a very clear trend.

Wages can be garnished for current and back payments

If your ex is not paying the proper amount for child support -- or is not paying at all -- one of the options that the state has is to garnish that person's wages. To do this, an Administrative Income Withholding Order will be needed. This can be issued by the Division of Child Support Services.

The order itself is sent directly to your ex's employer. This way, the money is taken out of the check at that level, before it goes to your ex. The amount removed is then sent directly to you. This prevents your ex from withholding payment or being late because he or she simply never gets the money in the first place. This is not the preferred method of payment, but it is a solution when someone does not take responsibility and pay the amount dictated in the court order on his or her own.

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