Phoenix Family Law Blog

Is your marriage headed for divorce?

Data shows as many as half of all Arizona marriages and others throughout the nation are at great risk for divorce. You may be sitting on the fence at this time, trying to determine if your marriage is fixable or if you've done all you can and now it's time to go your separate ways. If you're leaning toward the latter, then you may be one of many spouses will soon file a divorce petition in court.

No one can predict which marriages will last a lifetime and which won't. You can definitely tell when your relationship has gone off-course, however, and you might find that the issues causing problems are not isolated to your own relationship but that many other married couples have had similar experiences.

CHILD CUSTODY: MY CHILDREN WANT TO LIVE WITH ME. ARE THEY OLD ENOUGH TO DECIDE?

      This is a very common child custody question. Somewhere along the line, it became somewhat of an urban myth that children get to decide where they want to live once they reach a certain age. Many people express their belief that this age is somewhere around 12, 13 or 14 years of age. In Arizona, this is simply not true.

Joint Legal Decision Making: Can the Court Break a Tie?

Joint Legal Decision-Making child custody means that neither parent's position on medical, education and religious decisions trumps the other parent. So, in the event of a disagreement (public v. private school), which parent wins?

Keep this in mind when helping your kids cope with divorce

Like many in Arizona and beyond, when you got married, you likely had numerous dreams and goals regarding your future life with your spouse. Perhaps the two of you made plans to start a business together or wanted to try to have children right away to expand your family size. As the years went on, you no doubt lived through a wide range of experiences together, with some more memorable than others. 

One thing you might never have expected was that you would one day get divorced. However, since that has become a soon-to-be reality in your life, you want to leave the past behind and focus on keeping your children's best interests in mind as you move on in life together. By keeping a few useful ideas in mind, you can help them through their tough times and set the tone for a successful future.   

FINDING INCOME OF A SELF-EMPLOYED SPOUSE

When determining spousal maintenance (alimony) and/or child support in a family court case, the income of each party must be determined. This is a fairly simple easy process for most people in which pay stubs, W2s, tax returns, and other financial information is examined. In some cases, it is much more complex when a spouse or parent is self-employed.

When is it possible to change a child support order?

Divorce will bring significant changes to your life, and in many cases, these changes do not stop once the process is final. You may find that your financial situation also continues to change, and sometimes, that can make it difficult to abide by the terms of your final child support orders.

If you find you are no longer able to abide by the terms of your support order as you were in the past, you may be able to seek a modification to the order. Seeking a modification to a child support order in Arizona is not always easy to achieve, but you may find that it is possible to get the changes you need with support and guidance.

NEW TAX LAW CHANGES IMPACT SPOUSAL MAINTENANCE (ALIMONY)

If you signed a prenuptial agreement before you got married, and believe there is any chance you and your spouse may divorce in the future, the Tax Cuts and Jobs Act that was signed into law on December 22, 2017 could seriously affect the agreement that was reached. One major change that occurred when that law was passed is that spousal maintenance (also known as alimony), will no longer be tax deductible after 2018 to the spouse who is paying it, and will no longer need to be claimed as income by the person receiving it. Under the new law, a separation agreement must be signed within the calendar year of 2018, or there needs to be a judgment of divorce signed in 2018 directing that spousal maintenance will be considered tax deductible in future years.

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