Exercise Caution When Seeking to Modify Parenting Issues in Arizona Family Law Cases
Recently, the Arizona Court of Appeals clarified that only one parent is required to file a motion to modify legal decision-making or parenting time. In Sundstrom v. Flatt, Mother exercised sole legal decision-making authority and shared equal parenting time with Father. She filed a petition to retain sole legal decision-making, reduce … Read More
Getting Divorced? Helpful Tips About Social Media and Electronic Data
Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or financial accounts, can I log into their account and get the information we need to help win my case?
Answer: While this might sound like a really good idea, the answer is no. In doing so, you would likely be breaking a number of … Read More
The Potential Benefits of Divorce Mediation
Not all divorces need to be tried in court. Divorce mediation is an alternative the parties can choose instead of litigating their divorce in family law court and having the outcome decided by a judge. Mediation is a private process of resolving disputes by engaging a neutral third party who acts as a facilitator. Their role is to assist the divorcing couple … Read More
Nondeductible Spousal Maintenance Who Wins Under the New Tax Law?
Under the recently enacted tax reform act, spousal maintenance ordered by a decree or agreement executed after December 31, 2018 will no longer be deductible by the payer and will be tax free to the recipient. Supporters of this tax law change suggested that the deduction for “alimony” was a federal government subsidy that supported … Read More
Are Arizona Employees Entitled to a Paid Lunch Break?
Many employees believe that they are entitled to a lunch break. However, the answer – and in some cases the law - differs by state. In Arizona, employees are not entitled to a lunch break or even a ten-minute break because neither Arizona law nor the Fair Labor Standards Act (“FLSA”) requires employers to provide such breaks.
The FLSA, however, does require employers to pay … Read More
10 Steps to Take Now to Minimize Taxes under the New Tax Law
The overhaul of the Internal Revenue Code was passed by Congress on December 21, 2017 and signed into law by the President. Many changes become effective January 1, 2018. Although 2017 is almost over, the following are some actions to consider taking now to potentially save taxes.
Before the end of 2017 consider taking the following actions:
Pay 2017 state and local income taxes in 2017. … Read More
Blended Families During the Holidays – Remember the Holidays are Supposed to be Fun!
Holidays are supposed to be fun! Getting a divorce, having a custody battle or navigating blended families certainly is not fun, regardless of the time of year. However, during the holidays it can be especially difficult and it is a good time to try to put aside your differences, even if you just place them on the back burner for a few hours. The … Read More
Application of Discounts in Valuation of Interests in Privately Held Entities
When representing high net worth individuals in divorce proceedings, frequently one of the assets is an ownership interest in a privately held business or professional practice. Establishing a value for the business can be one of the most hotly contested aspects of the divorce. Standards, or definitions, of value have been developed as a framework for answering the … Read More
'Zeran v. AOL': The Anti-Circumvention Tool
If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no one tool has the versatility I would want. But, for an expert in defending website operators from against claims, choosing one tool is easy. Zeran v. AOL is the survivalist’s … Read More
Obtaining Additional Time for a Family Law Hearing: What You Need to Know
In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and cross-examine witnesses at an evidentiary hearing. The opinion is a memorandum decision and is therefore not precedential; however, it may be cited for persuasive value subject to various … Read More