Domestic Violence and Joint Legal Decision-Making in Arizona
Domestic violence allegations are unfortunately part of many divorce proceedings. A recent decision by the Arizona Court of Appeals [i] clarifies how domestic violence may impact which parent can make decisions relating to children. In Arizona, parents may joint legal decision-making authority or it could be awarded solely to one parent. Legal decision-making is defined as the “legal right and responsibility … Read More
What Do In Vitro Embryos, Divorce and Arizona Have in Common?
Some Arizona couples are considering cryogenically preserving embryos they have created using eggs or sperm from themselves, their spouse, or even a future spouse. A recent Arizona law has made it even more important to understand legally what may happen to those embryos if that couple gets divorced.
Effective for divorce proceedings filed on or after August 3, 2018, the new law A.R.S. 25-318.03 … Read More
Divorce and Taxes
When a couple is getting divorced both current and future tax obligations as well as tax basis are very important. There are four areas that we frequently advise our clients about.
Is Child Support or Spousal Maintenance Taxable as Income?
The new federal tax law does not apply to divorce decrees that were signed prior to January 2, 2019. Spousal maintenance is still deductible for the payor and included as … Read More
Jaburg Wilk Expands Family Law Practice
PHOENIX, Ariz. (July 19, 2019) - The law firm of Jaburg Wilk announced that Ilya Prokopets joined the firm as an attorney in their family law department. Before joining Jaburg Wilk, Ilya represented clients in commercial litigation and complex real estate litigation cases. He has represented clients in both New York and Arizona.
“Ilya is an outstanding addition to our family law group,” said … Read More
Getting Divorced? Don’t Forget to Update your Estate Plan
Why do estate planning documents need to be updated when a couple is getting divorced? This simple story illustrates one of the key reasons.
An Arizona couple had been married for several years and during their marriage had built a very successful, multi-million-dollar business together. Perhaps they had focused on building the business rather than their marriage or maybe time simply changes relationships, … Read More
Parental Alienation is Not an Allegation to be Used Lightly
Parental alienation is a term used in family law cases and typically found in families involved in high-conflict divorce or separation. It is also known as resist/refuse parent-child relational problems. Many people believe that if a child resists or refuses contact with a parent - even temporarily - that alienation is the cause. This is not the case. The allegation alone is a very strong … Read More
Navigating the Rapids Temporary Orders Hearings in Maricopa County
One of the most anxiety-producing experiences for both a family law client and their attorney is navigating through the process relating to a Maricopa County temporary orders hearing. The client’s anxiety is easy to understand. It may be their first experience in a contested hearing, the first time a judge is going to be presented with evidence concerning their case, or the first time ever … Read More
Who Decides Legal Decision-Making in Arizona Family Law Cases?
Anyone who has been involved in an Arizona family law case since 2013 knows that the notion of child “custody” is largely obsolete. At the end of 2012, the term “custody” was replaced with two legal concepts: legal decision-making and parenting time. Those two concepts are defined very differently. Parenting time “means the schedule of time during which each parent has … Read More
Arizona Child Support Modification
In Arizona, child support is determined by using a formula. Several factors are considered – income of each party, how many other children each parent supports, cost of daycare and health insurance, as well as how much time each parent spends with the child or children.
There are some changed circumstances that justify changing the amount of child support from the amount originally ordered. However, the … Read More
Guiding Parents in a High-Conflict Divorce
Family law attorneys may have many “high-conflict” divorces in which parents cannot resolve their differences in either a business-like or amicable manner. Typically, there is on-going, unrelenting hostility between the parents. Frequently, there are allegations of domestic violence, physical abuse, and/or sexual abuse. The parents lack the ability to communicate about their … Read More