Practical perspectives for contemporary legal challenges.
It is the policy of the State of Arizona that, absent contrary evidence, the child should have “substantial, frequent, meaningful and continuing parenting time with both parents.” The court will always look to the best interest of the child in determining a parenting time schedule. The judge considers many factors in determining the best interest …
Continue reading “How Will the Court Determine the Parenting Time for the Minor Child?”
Arizona does not use the word “custody” in making decisions about a minor child. Instead, Arizona uses the terms legal decision-making and parenting time to better define what a court must do in deciding issues related to a minor child. Legal decision-making refers to the right and responsibility of a parent to make nonemergency decisions …
Continue reading “What Types of Custody are Awarded in Arizona?”
As the renewable energy industry continues to grow and alternative forms of clean energy (wind, solar, hydro, geothermal, biomass, etc.) proliferate nationwide, state lawmakers are more than ever discussing comprehensive approaches to energy policy. Indeed, states across the country are rapidly reconsidering the diverse array of laws that impact energy developers / public utilities, including …
Neither party is required to leave the marital residence during the divorce unless a court orders one party to leave. If you and your spouse cannot reach an agreement regarding which of you will leave the residence during the divorce, you may seek a temporary order for exclusive possession of the home until the case …
Continue reading “Who Decides Who Gets to Live in the House While We Go Through the Divorce?”
According to statements made by the acting director of exempt organizations at the IRS, churches and other religious organizations will soon start to receive questions from the IRS about potential liabilities under the Affordable Care Act. Over the last few years, the IRS has sent letters to employers that it suspects have failed to comply …
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Two questions that often get asked in custody cases are what weight does the child’s preference have in a custody case, and how can I demonstrate to the judge that I have been the primary care provider. The preference of your child is only one of the many factors a judge may consider in determining …
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Has a client decided to leave their bank account or entire estate to one of their children, who will “do the right thing, and distribute it equally among all of my children”? Discuss with your client that this scenario creates 2 problems: 1) Child receiving the account/inheritance is not legally obligated to give any of …
Continue reading “Protect Your Assets by Having a Will or Trust in Place”
Divorce can be a stressful and emotionally draining time. However, knowing when and how to communicate with your legal team can help to alleviate some of the stress. Here are a few tips for ways to best communicate with your lawyer. Avoid communicating on minor issues that are out of the control of your lawyer. Most …
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The Generation-Skipping Transfer (“GST”) tax is designed to prevent taxpayers from avoiding estate tax on a child’s inheritance at the child’s death by “skipping” inheritances over children to grandchildren. Each person currently has a lifetime GST exemption amount of $11,400,000 (in 2019, and indexed for inflation). If you make a transfer during lifetime or at …
Continue reading “Automatic Allocation of GST Tax Exemption”
A common misperception arises as to when child support amounts change. As a general rule, parents are required to exchange tax returns each year during the period of time that child support is owed. Doing so and keeping an eye on the gross income of both parents can be important in determining whether any action …
Continue reading “Tips to Keep in Mind When Child Support Needs to Change”