Jaburg Wilk

News/Publications

Family Law

  • Guidelines to Dealing with Children During Your Divorce

    Guidelines to Dealing with Children During Your Divorce

    Divorce is not just stressful on the parents, but can also create a great deal of uncertainty and confusion in your children.  The behavior of parents before and after divorce has a critical impact on the emotional adjustment of their children.  The following guidelines should be helpful:

    Put your children's welfare first.  Never use your children as a weapon against your spouse.

    Be sure your … Read More

    Categories: Family Law, Article

  • Frequently Forgotten Divorce Asset

    Frequently Forgotten Divorce Asset

    Loss carry-forward is a frequently forgotten asset in divorces.  Whether the loss arises from the operation of a business (Net Operating Loss) or sale of stocks (capital loss), it is a valuable asset which may be used to offset either future income or capital gains.

    Currently, the Internal Revenue Code restricts claiming capital losses in excess of capital gains up to $3,000. However, since losses can be … Read More

    Categories: Family Law

  • How Does Debt Work in a Divorce?

    How Does Debt Work in a Divorce?

    Divorce includes the division of assets and debts. Frequently, it is easier to divide assets than to divide debts. Both credit (including store) cards and mortgages present unique problems when divorcing.

    Creditors, such as banks and lending institutions, are not bound by the terms and conditions of a divorce decree and property settlement agreement. The third party lender considers both borrowers to be … Read More

    Categories: Family Law, Family Law, Article

  • In a Divorce, What is an Affidavit of Financial Information and why does it Matter?

    In a Divorce, What is an Affidavit of Financial Information and why does it Matter?

    An Affidavit of Financial Information ("AFI") is a family court-approved form that is utilized in divorce cases for a number of purposes primarily where child support, spousal maintenance and/or attorney fees are at issue.

    The AFI is provided under oath and is intended to inform the family court of a party's overall financial situation including both income and expenses in order to provide the family … Read More

    Categories: Family Law, Article

  • Sexual Materials and Divorce

    Sexual Materials and Divorce

    The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the couples love for one another.  However, once the love is gone and a divorce is pending, possession and ownership of the materials can become a nasty fight. 

    I recently read an article in … Read More

    Categories: Family Law, Article

  • Do I Have to Appear in Court or Testify in My Divorce Case?

    Do I Have to Appear in Court or Testify in My Divorce Case?

    It is not essential that you ever appear in Court (or before a Judge) in your divorce case.  In the vast majority of cases, the parties never appear in court for any hearings or a trial on the merits.

    Maricopa County cases typically require a simple status conference - known as a Resolution Management Conference ("RMC"). This is merely an opportunity for the Court to become familiar with your case and … Read More

    Categories: Family Law, Article

  • Should You Modify Your Child Support Obligation?

    Should You Modify Your Child Support Obligation?

    In order to qualify for modification of your child support obligation, Arizona Revised Statute §25-327 requires changed circumstances that are considered both substantial and ongoing. Typically, from a mathematical point of view, a 15% change is generally regarded as satisfying this requirement - whether an increase or a decrease.

    Typically, child support may be modified when one or more of the following … Read More

    Categories: Family Law, Article

  • How is Child Support Calculated in Arizona?

    How is Child Support Calculated in Arizona?

    In Arizona, child support is calculated pursuant to the Arizona Child Support Guidelines under Arizona Revised Statute §25-320. However, it is the data inserted into the Guideline calculation which will determine the amount of child support to be paid.

    There are a number of variables which will determine the ultimate child support amount. The following factors are typically considered:Income of each party; … Read More

    Categories: Family Law, Article

  • Can I Move Out of State with My Child?

    Can I Move Out of State with My Child?

    You are employed at Intel.  They decide to move the R&D facility to Utah and unless you move with your team, you are out of a job. However, your former spouse has a stable job in Tempe and has parenting time with the children one-half of the time and most certainly has no desire to give up his or her parenting time.  It is lose-lose situations like this that make "relocation" cases one of the most … Read More

    Categories: Family Law, Article

  • Should I have a Premarital Agreement?

    Should I have a Premarital Agreement?

    A prenuptial agreement is a binding legal document between a prospective husband and wife, which addresses the financial consequences of their marriage ending.

    Technically, all couples who are married already have a "prenuptial agreement" - it is the particular divorce laws of the state. In Arizona, for example, absent a prenuptial agreement, community property principles will apply to all financial aspects of the … Read More

    Categories: Family Law, Article