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Phoenix Divorce Law Blog

Should Arizona ban permanent alimony?

Long after a divorce, its effects can still linger in many Arizona residents' lives. Permanent alimony has been abused by some but has been absolutely necessary for many. Alimony has been the subject of serious debate recently. Earlier this month Florida nearly passed a law that abolishes permanent alimony, but the bill was vetoed at the last minute by the governor. Had the law passed, Florida would have joined four other states that have already banned permanent alimony. Many Arizona residents may be wondering if Arizona should join them.

Alimony, also called spousal maintenance or spousal support, is not awarded in all divorces. It is typically ordered when there is a large disparity in income between spouses, or when one spouse has given up their career in order to raise children. In Arizona, most family law judges determine alimony using guidelines provided by the state. These guidelines include a number of factors, such as the duration of the marriage, the couple's standard of living during the marriage, and each spouse's employment history, among others. Often courts can depart from these guidelines depending on the situation.

Country singer Jason Aldean files for divorce form wife

Many Phoenix residents probably enjoy the music of country singer Jason Aldean. Songs such as "My Kinda Party" and "Big Green Tractor" have captured the interest of fans across the nation. From his relatable songs to exciting live performances, many fans adore the musician. As of lately, however, he has given his fans something else to relate to: divorce. The 36-year-old recently filed for divorce from his wife of 12 years.


With the divorce rate reportedly near 50 percent, it is no surprise that country musicians are also susceptible to seeing their marriage end in this manner. Aldean married his high school sweet heart Jessica back in 2001. The two had been dating since they were 16-years-old, but after 12 years of marriage the couple decided to call it quits shortly after Aldean's cheating scandal with a former "American Idol" contestant. The couple has two young children together. Between determining child custody and dividing Aldean's estimated $20 million fortune, the country singer may have a long battle ahead of him.

Can social media be used as evidence in a child custody case?

One thing that connects most Arizona residents to the rest of the world is Facebook. With over 1 billion users worldwide, the social media giant is a great way for individuals to express themselves but it can also come back to haunt them, especially in a divorce case. From nasty status updates about an ex-spouse or posting inappropriate pictures of a weekend in Sin City, social media can have negative effects in court. Many people have lost child custody or child support cases due to social media.

Recent statistics show that at least 81 percent of people going through divorce have had some form of social media used against them as evidence. For example, a father a few months ago now faces a felony failure to pay child support charge after he posted an innocuous picture on Facebook. The picture depicted the father with a large wad of cash but it was enough evidence for the courts to charge him. Similar cases have caused numerous parents to lose out on child custody and child support cases.

Recipients of child support are the real winners of the lottery

What does the lottery and divorce have in common? Not very much - except that one spouse wins over $600 playing the game, it can play a factor in divorce. Just about every Arizona resident has fantasized about winning the lottery at some point in their life. Whether its scratch off's, Powerball tickets or casino's, many individuals have tried their luck at winning money through various gambling mediums. For those that win big and have difficulty paying child support, they may find that the state of Arizona will subtract back child support payments from their winnings.

A few months ago, a 44-year-old man won the fourth largest Powerball jackpot of all time of $338 million, but had to subtract $29,000 from his winnings for his outstanding back child support debt. For him, it was just pocket change compared to the $152 million after tax lump sum he was paid. But what if someone had won $29,000 but owed $30,000 in child support? Their entire jackpot would be forfeited to the state in order to pay off child support debt.

TV star Porsha Stewart demands alimony from NFL ex husband

Divorce is something nearly half of all American weddings will experience. Imagine if one's divorce was nationally announced and every court detail or rumor was being talked about across the nation. Most individuals would hate it but that is the reality for many celebrities who go through divorce. Most Arizona residents are familiar with "Real Housewives of Atlanta" star Porsha Stewart and her recent alimony claims against ex-husband and former NFL star, Kordell Stewart.

The Stewarts have decided to divorce less than two years after they were married. Anytime there is even a rumor of a celebrity divorce, the tabloids are on it and that is apparently how Porsha discovered her husband wanted to get a divorce. Blindsided, the 31-year-old responded by filing her own request for alimony from the ex-quarterback. She claims that she gave up her career to stay at home and raise her husband's child from another woman but Kordell explains that she is a celebrity who is capable of earning her own income without spousal maintenance.

Is this the world's most expensive divorce?

Ending a marriage can often be difficult, whether an individual resides in Arizona or another state. Determining child custody, division of marital property and alimony payments can make divorce a long and frustrating process. It can get even more frustrating when many assets are involved. For example, imagine splitting $11.3 billion dollars between spouses. It would be one of the world's most expensive divorces. For a billionaire and wife, this high asset divorce scenario is a reality.

The couple of nearly 25 years has decided to call it quits after the woman alleged that her husband had an affair. The majority of the couple's money comes from his 68 percent share in Continental Resources, a company he founded in the late 60's. The shares are estimated to be worth $11.2 billion.

Child custody should represent what is best for the children

Divorce can be a painful process for many Arizona residents. It can drag on for what seems like eternity and can be very stressful for a family. One of the toughest issues to sort out in divorce is child custody. Very few parents want to sever their ties with their kids, and most will do anything to keep them. That is why determining who is the primary conservator of or caregiver to the children in a post-divorce life is extremely important.

Obtaining equal 50/50 visitation rights with the children is a desired outcome for many parents going through divorce. In most Arizona family law courts, this is typically the case. The courts tend to choose the option best suited for the kids, and often will split time between both parents. There are several factors, however, that can affect this decision. For example, if one spouse is abusive or otherwise potentially harmful to the children, the courts may grant the more responsible spouse child custody.

Facebook plays a valuable role in child support case

Many Arizona residents use Facebook, some use it daily. In the United States there are around 163,071,460 Facebook users at any given time. With so many Americans using the social media resource, many have found themselves in legal trouble for things they post online. Some of the posts are quite shocking considering that the online information is left for all the world to see.

Recently a father posted a picture of himself holding a wad of cash and several bottles of liquor. Unfortunately for the father, that picture led to felony charges. The father of a 2-year-old girl has skipped child support payments for years, never making a single payment. The 23-year-old dad now faces several felony charges for failure to pay child support. The picture proved that the man did have money to pay child support but simply neglected to pay it. The young father probably did not think that the County District Attorney's Office was monitoring his Facebook account. For many District Attorney's, Facebook is an excellent tool to build child support cases.

Demi wants "Moore" alimony payments from ex Kutcher

Most Phoenix residents in tune to pop culture have heard by now that actor Ashton Kutcher and actress Demi Moore are getting divorced. After six years of marriage, the Hollywood couple decided to call it quits. The divorce may not be a surprise but Moore's demand for alimony payment from Kutcher might surprise a lot of people.

The actress is 15 years older than her ex-husband and has demanded that he pay her alimony after their divorce in December 2012. Many Hollywood insiders speculate that Moore is acting out of revenge. The actress has an estimated 150 million dollar fortune, while Kutcher is worth 140 million. Since the separation, both spouses still maintain their large fortunes. It is safe to say that Moore probably wouldn't be too hard up for money if she did not get alimony payments. Moore has more wealth than Kutcher, which greatly reduces her chances of receiving alimony. It is assumed that a judge would never allow alimony in this situation. But nonetheless, she will still try to get money from him.

Jury to rule in high-profile child custody case

Maricopa County residents and sports fans are likely aware of the ongoing divorce proceedings between Deion Sanders and his wife Pilar. The NFL Hall of Famer announced the split on his Facebook page back in December of 2011, indicating at that time that the couple would part ways "with mutual respect" and that their "top priority has and will continue to be the well-being of our children." Now, over two years later, the well-being of their three children is in the hands of 12 strangers as the couple's child custody case goes to a jury.

The six-day trial saw mutual accusations of poor parenting. Deion Sanders was questioned about everything from the couple's reality television show to a charter school that he founded and his acceptance speech upon induction into the NFL Hall of Fame, all trying to frame him as too busy with his career to be a full-time parent. Pilar Sanders likewise defended against her portrayal as an ambitious Hollywood actress and model, and an absent parent. Difficult questions of parenting are at the heart of the case, in which each divorcing spouse is fighting for primary custody of the children.

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http://www.michaelshew.com 888-866-8523 The Phoenix, Arizona Law Firm of Michael J. Shew is experienced in handling family law and divorce matters, especially those involving spouses who have been married ten years or more.

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