By Michael Shew posted in Alimony on Wednesday, February 22, 2012
There are no alimony (spousal maintenance) guidelines in Arizona. About twelve years ago or so the Maricopa County Superior Court undertook a study to attempt to create a formula to use to provide a guideline for family court judges to use in ordering spousal maintenance (or alimony as it is called in some jurisdictions). The formula used a fraction of the difference in the parties' incomes to determine the amount of spousal maintenance. The duration of the amount under the guidelines, generally, was a one-third to one-half the length of the parties' marriage.
After several appellate cases were decided that determined it is inappropriate for a family court judge to rely on the guidelines (because they are not the law in Arizona), the Superior Court disavowed the use of the guidelines.
If you meet with an attorney and he/she informs you that there are spousal maintenance guidelines in Arizona (or Maricopa County), you are not being provided accurate information.
At this link you can find information about spousal maintenance.
By Michael Shew posted in Divorce on Saturday, February 18, 2012
In my practice I would say that about a third to a half of all divorces of marriages over ten years with couples 38 years old or older are "caused" in one way or another by Facebook. Quite often Facebook turns into a warzone as family and friends witness the slaughter and emotional damage caused by adultery and broken trust. My advise is always always always to keep your divorce away from Facebook and all social media sites. Be private.
I think this article provides great information.
By Michael Shew posted in Divorce on Saturday, February 18, 2012
Here is an article regarding the effect of the 9th Circuit's recent ruling in Arizona. Sam sex marriage in Arizona is prohibited by Article XXX of the Constitution of Arizona which provides that only a union of one man and one union shall be valid or recognized as a marriage in Arizona. However, the 9th Circuit Court of Appeals held that California's Proposition 8 which banned same sex marriages lessen the statius and human dignity of gays and lesbians in Calfironia and did not serve any legitimate governmental purpose. This issue will be decided in the Supreme Court of the United States in the near future, I suspect.
On behalf of The Law Firm of Michael J. Shew, Ltd. on Friday, February 17, 2012
Arizona readers understand that the award of alimony payments to a spouse is often a contentious issue in many divorce matters. Divorcing couples can negotiate the amount and length of the payments, but sometimes the decision ends up with the court. The judge can consider many factors including the length of marriage, the employment status of the spouses and the economic conditions of the family.
Once the award of spousal maintenance is made, the paying spouse is required to follow the court order. Generally, payments cannot be modified unless the parties either petition for a modification or negotiate a change. Any change will have to be documented in the court record.
On behalf of The Law Firm of Michael J. Shew, Ltd. posted in Child Support on Thursday, February 9, 2012
Child support is a contentious issue in Arizona and across the country. Once it is ordered by a court, the designated amount is owed without regard to changing circumstances. However, a parent who is required to pay can request to modify a child support order when a substantial change in circumstances has occurred. Economic conditions can change quickly through loss of job, medical issues or other circumstances that sometimes make it difficult to keep current with child support payments.
When child support payments are substantially late, the issue can end up in the court. Some can afford an attorney to represent them in those enforcement proceedings, but others cannot. In June 2011, the U.S. Supreme Court ruled that indigent parents are not entitled to a court-appointed attorney for a child support hearing if the state is not a party to the proceedings. That decision may have far-reaching effects throughout the country, including Arizona.
On behalf of The Law Firm of Michael J. Shew, Ltd. posted in Alimony on Tuesday, January 31, 2012
Many residents of Arizona who are currently paying spousal support as a part of a divorce settlement may be very interested in a bill proposed in one state's legislature this session. The bill could affect those who have to pay alimony to a spouse who has victimized them in the past. The new law would apply to former spouses who have been convicted of a sexual felony victimizing their ex.
The California legislature will consider the bill, which addresses the fairness of forcing a divorced party to financially support a former spouse who has been convicted of assaulting them sexually.
On behalf of The Law Firm of Michael J. Shew, Ltd. posted in Divorce on Thursday, January 26, 2012
The process of divorce can be stressful for anyone. Questions of asset division, spousal maintenance, child support and child custody can be taxing. For some people, they can even lead to physical ailments like high blood pressure or potentially risky behavior like excessive alcohol consumption and overeating.
Scientists at the University of Arizona recently completed a meta-analysis review of more than 30 studies worldwide to determine what correlation, if any, exists between divorce and health. These various studies covered married and divorced people over a period of more than 11 years.
On behalf of The Law Firm of Michael J. Shew, Ltd. posted in High Asset Divorce on Tuesday, January 24, 2012
Some people will do just about anything to get out of something that they don't want to do, but most of us wouldn't resort to conspiracy to commit murder. This is what happened to a Phoenix, Arizona, businessman facing an expensive divorce.
The defendant, 74, was arrested last week in connection with allegedly planning a conspiracy to murder his wife and have her buried in the desert. He was booked into a Maricopa County jail on $2 million bond.
On behalf of The Law Firm of Michael J. Shew, Ltd. posted in Child Support on Saturday, January 21, 2012
Many parents in Arizona and across the United States have been waiting for years to receive much-needed child support, and although authorities have their eye on what they refer to as 'deadbeat' parents, it is often hard to catch them.
Authorities say that when they head to a residence to arrest a deadbeat parent, about 90 percent of the time the parent isn't there or does not live there anymore. That makes it very hard to get owed payments. On top of that, if the authorities are serving a civil warrant, they can't do anything about it if the parent decides to cross state lines.
On behalf of The Law Firm of Michael J. Shew, Ltd. posted in High Asset Divorce on Thursday, January 12, 2012
The decision to divorce is not always an easy one to make. For this reason, trial separations are common for married couples who are considering divorce. Arizona residents may be interested to know, however, that separating without any sort of legal contract can be financially risky -- especially for couples who have acquired a significant amount of assets throughout their marriage.
To help protect these assets, some legal professionals suggest creating a legal separation agreement. In fact, some states require that couples considering divorce first go through a legal separation. A legal separation agreement allows couples to sit down and discuss important issues that will come up in a divorce.
