Phoenix, AZ Family Law Blog

Struggling with divorce can make the holiday season difficult. Navigating family get-togethers full of questions and trying to keep a brave face for any children involved are huge challenges in an unstable marriage. But try not to let the prospect of divorce get you down, as the calendar changes and a fresh start presents itself. With some forethought and financial planning, the start of the year can be a perfect time to think toward the future and plan ahead for the rest of 2012.

As researchers continue to study the impact of divorce on children, certain truths remain constant. Divorce can cause children anxiety, anger and confusion. Ultimately, grades, behavior, physical health, and even mental health issues can arise. For parents seeking a divorce, the process may not be the most daunting challenge. Helping children survive the ills of divorce may be.

Nearly 50 percent of American marriages end in divorce. Statistics show that half of all American children will witness the break-up of their parents' relationship. Divorce means change for a child. Uncertainties arise as parents divvy up the house, the car and even their legal rights to their children. Changes in lifestyle and witnessing parental squabbles can place undue stress on a youngster, because the family unit, which defined him or her, is now disappearing

A difficult concept for people soon to be divorced or people who do not have physical custody of their child or children is when special occasions and holidays come around. When working with Lasiter & Jackson, we can help you work through this by creating a visitation agreement with the opposing party that benefits the child and allows you to spend quality time with your child or children.
In many situations, favorable outcomes can be realized as both parents usually deserve to spend time with their kids on Birthdays, Thanksgiving, Christmas, Long Weekends, Summer Breaks and other times that are deemed special to you. Visitation is one of the most important aspects of a divorce and/or family court proceedings.

When parents divorce, their Divorce Decrees usually contain specific visitation provisions which spell out when each parent has the children during the holidays. Some parents insist on strict adherence to this schedule, while others are flexible and "go with the flow." The following suggestions may help divorced parents with regard to holiday planning:

The end of a marriage can be a difficult time for those involved. Trying to divide up a family and household can be painful. Having to go to court to do so may make the situation even worse. There are ways to settle a divorce outside the courtroom, including mediation. While not all couples can cooperate enough to avoid a court battle, there are some tips that those going through a divorce can follow to keep the matter out of court and saving time and money in the process.

Communication is Key

Being able to communicate effectively with a soon-to-be ex-spouse is critical to settling a divorce outside of the courtroom. When issues come up that block progress in negotiation, it is important for each spouse to be able to try to keep the conversation going by agreeing to table the contentious matter until a later date, when both parties have had some time to think things over. Communication skills are important in such a situation, as each person needs to be willing to reach out to the other in a civil manner and set aside potentially heated issues.

After a divorce, many parents find it difficult to collect child support. These parents often struggle to raise their children on their own. However, when a child support order is in place, many collection remedies are available in Arizona.

Though an experienced family law attorney can best aid you in collecting child support, it is valuable to keep these few tips in mind:

The law often struggles to keep up with advances in technology. One of the confusing situations that technology has inspired is the need for courts to grapple with family law issues concerning advances in conception methods. An issue that courts are currently confronting is whether a sperm donor may be held liable for paying child support for children of whom he is the biological father. Most often, a sperm donor is not responsible for such payments, but some courts are making exceptions to this general rule in certain circumstances.

For most sperm donors, child support is not an issue because they donate to a sperm bank and remain anonymous. They have no interaction with the mother or child. Some states have even gone so far as to pass a version of the Uniform Parentage Act (UPA), which clarifies that a donor providing sperm for someone other than his wife via a licensed physician or donation facility has no legal obligation to support any offspring that result from a woman using the sperm to become impregnated.

Child support and Social Security have a complex relationship: Social Security payments can affect child support and vice versa. For any family whose financial situation involves both sources of income, it is imperative to understand the applicable Arizona law.

Calculation of Child Support

Although many factors are considered by courts when determining child support, income is one of the most important. Most forms of Social Security payments do qualify as income, including retirement and disability payments. But, Supplemental Security Income, a public assistance program, does not qualify as income.

Since the income of both parents is qualified when determining child support, a custodial parent's qualifying Social Security benefits could result in lower child support payments, while a noncustodial parent with Social Security benefits may have to increase his or her child support contributions.

What Happens When Dividing Your Spouse's Social Security

Retirement Benefits After a Divorce?

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

1. You are unmarried;

2. You are age 62 or older;

3. Your ex-spouse is entitled to Social Security retirement or disability benefits and;

4. The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

Life After Divorce

If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce or annulment). However, if your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years.

In dividing Social Security Retirement benefits, if you are eligible for retirement benefits on your own record, Social Security will pay that amount first. If the benefit of your ex-Husband or ex-Wife's record is a higher amount, you will get a combination of benefits that equals that higher amount (reduced for age).

If you have reached full retirement age and you are eligible for a spouse's benefit and your own retirement benefit, you have a choice: you can choose to receive only the divorced spouse's benefits now and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of delayed retirement credits.

If you continue to work while receiving benefits, the retirement benefit earnings limit still applies. If you are eligible for benefits this year and are still working, you can use an earnings test calculator available on the Social Security website to see how those earnings would affect your benefit payments.

The amount of benefits you receive has no effect on the amount of benefits your ex-spouse or their current spouse may receive.Retirement Assets and Divorce