Blog Posts: Family Law

Question: My income has changed significantly. Can I seek either a temporary or permanent modification of child support or spousal maintenance? In order to be eligible for a downward modification of child support or spousal maintenance, a person must establish a change in circumstances that is both substantial and continuing. The burden is on the party requesting ...

Question: I am in the midst of my divorce and my business and/or professional practice is being valued. How, or, will the dramatic changes happening now be considered? There has never been a more challenging time for a valuation expert to render a supportable opinion about the value of a business or professional practice. The standard that governs a judge’s deci...

The world is rapidly changing. Some states have already enacted shelter-in-place orders. I am frequently being asked what does this mean for Arizona co-parenting agreements? Each parent still has a court-ordered RIGHT to see their children. Shelter-in-place orders do not prohibit travel for court-ordered parenting time. This means you need to abide by your Arizona ...

A non-compete agreement, which is often referred to as a “restrictive covenant,” attempts to preclude an employee from working for a competitor or undertaking a new business venture that would compete with a former employer. In Arizona, broadcast employers, which include television stations, television networks, radio stations, and radio networks, are l...

Frequently people ask me, “How much does it cost to get divorced?” My unsatisfying answer: it depends. Typically, the only fixed and required costs of divorce are the court filing fees. However, many people need professional assistance and additional costs may include attorney, consultant, and expert fees, as well as other litigation expenses. Attorney Fees A...

The holiday season tends to bring out the best, or the worst, in people. It is a time to celebrate the joys of life and let the stress of the prior year slip away. Unfortunately, divorce and the holidays tend not to mix well – and parents in the throes of a difficult divorce may find themselves being anything but merry. Divorce does not need to suck the fun out o...

A judge assigned to a family law calendar in Maricopa County recently remarked that he and his judicial brethren noticed that the lawyers practicing family law behave badly towards each other, much worse than what the judges have experienced in civil and criminal assignments. Unfortunately, most of us have litigated against lawyers in family law cases who are consi...

Spousal maintenance can be either modifiable or non-modifiable. Generally, when a spousal support order is the byproduct of an agreement between the spouses, after the divorce decree is entered, neither one of the parties or the Court can modify the duration or amount set forth in the support order. Thus, one of the benefits of resolving spousal support through set...

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 de...

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 all...