Simple Equation Causes Concerning Errors in Equalization  Individuals undergoing divorce proceedings and selling a significant asset, such as a house,... The post Simple Equation Causes Concerning Errors in Equalization first appeared on State 48 Law Firm ..read more

Prenuptial Agreements Can Protect Your Spouse from Lawsuits – a look at Elia v Pifer  Prenups can allow couples to... The post Prenuptial Agreements Can Protect Your Spouse from Lawsuits – a look at Elia v Pifer  first appeared on State 48 Law Firm ..read more

Ouster – Rent and Reimbursement during Divorce Rent and reimbursement related to ouster during divorce is not settled law. Ouster,... The post Ouster – Rent and Reimbursement during Divorce first appeared on State 48 Law Firm ..read more

How do I get my child’s voice heard in a custody proceeding?  When facing a custody issue where your child... The post How do I get my child’s voice heard in a custody proceeding?  first appeared on State 48 Law Firm ..read more

Community Property Must Be Divided in Divorce Key issues regarding community property, businesses, and sole and separate property from Larchick... The post Larchick v. Pollock – Community Property Must Be Divided in Divorce first appeared on State 48 Law Firm ..read more

How to Avoid Child Support Arrears A parent can avoid child support arrears by paying child support before the court orders it. Even if a parent has not been ordered by a court to pay child support, they are still required to contribute financially to their child’s wellbeing. This holds true even if they are not involved in the child’s life. Failure to contribute puts a parent at risk of being hit with thousands and thousands of dollars in back child support (child support arrears). Those arrears do not go away either. They must be paid. This can be a severe financial hardship for many fathers ..read more

How to Determine if Someone is Entitled to Receive Spousal Maintenace  In July 2023, Arizona adopted the Arizona Spousal Maintenance Guidelines (ASMG) and a calculation used for spousal maintenance awards as outlined in ARS 25-319 Maintenance.  There are 7 steps a judge must take to determine if someone is entitled to receive an award of spousal maintenance (aka alimony).   Eligibility for Spousal Maintenance  Before getting to the 7 steps that decide if someone is entitled to spousal maintenance, the court must first determine if they are eligible to receive ..read more

Spousal Maintenance Guidelines in AZ – Rule of 65 Of all the new principles contained within the recent release of Spousal Maintenance Guidelines, the Rule of 65 seems to have garnered the most attention. Perhaps it is because the change is novel. Perhaps it is because it involves math (a lawyer’s kryptonite). But when the new Spousal Maintenance Guidelines are studied in context, it’s a small part of the overall spousal maintenance scheme. Important information about the updated guidelines The Spousal Maintenance Guidelines are designed to help judges determine eligibility, amount, and durat ..read more

Fiduciary Duty During Divorce  It’s incredible what spite can make people do. We have seen people quit six-figure jobs to reduce their monthly child support payment by a few hundred dollars. We have seen spouses let the marital residence go into foreclosure just to ensure the other spouse gets nothing. I have seen spouses torpedo the other spouse’s business as a means of pay back. — But here’s the thing about spite—it’s never free. In fact, the spiteful often find their actions to be very expensive. Spite is a bad legal strategy.  To protect people going through a divorce, the law ha ..read more

A prenup can benefit your marriage.  Many people think a prenup only benefits you in the event of a divorce. That is not true. In fact, a prenuptial agreement gives you certain benefits during the marriage.  1. A prenup can alleviate the financial arguments that are a leading cause of divorce.   Finances are one of the biggest stressors in a marriage, and one of the leading causes of divorce. The benefits a prenup provides to spouses is a requirement that they be open about their finances and prior to their marriage, and, if the spouses so choose, they keep finances separate dur ..read more