The Affidavit of Financial Information is a very important form if you are seeking spousal maintenance and/or child support. This form is particularly important if seeking spousal maintenance. Here is a link to the form:
http://www.azcourts.gov/selfservicecenter/SelfServiceForms/ArizonaFamilyLawProcedure.aspx
The amount you receive in spousal maintenance is based in large part on the standard of living you maintained during the marriage. The way to convey this standard of living to the court is to put it in the affidavit and be able to support every number. When you are completing sections 6 and 7 of this form it is imperative that you do not guess. You must go back through your financial records for the 6-12 months prior to the end of your marriage and add up the numbers. Add up what you spent on groceries for the time period then take an average. Do the same for each of the categories. If you regularly spend money on certain things for which there are no categories, make a category.
If you have a hearing or trial on the issue of support you will be questioned by the other attorney about how you calculated the numbers in your affidavit. Your affidavit is stronger and less refutable if you can tell the court that you reviewed your bank and credit card statements, past receipts, Quicken and other financial records to complete the affidavit.
In section 6, you are asked to put in a number for the cost of health insurance. This number should just be the amount for your children. This means that you need to obtain a copy of the benefits cost form from the employer of whichever parent carries the insurance. In some instances, when children are added to insurance it is merely an additional fee. If you review the cost sheet and determine this to be the case, the additional fee is the amount that should be put in section 6. Other times, it is one sum for an employee and an entirely new lump sum amount for an employee + dependents. If this is the case, the difference between the cost for employee + dependents and the cost for the employee is the number that belongs in section 6.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Friday, January 11, 2013
Tuesday, January 8, 2013
Spousal Maintenance
Unfortunately, there is no formula for calculating spousal maintenance. Spousal maintenance is determined on a case by case basis, taking into account a lot of factors that vary from marriage to marriage.
The relevant statute for spousal maintenance is A.R.S. 25-319. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00319.htm&Title=25&DocType=ARS You need to review this statute if you are considering seeking spousal maintenance.
Before you can start talking about how much spousal maintenance you should get, you have to figure out whether you are even entitled to it. A.R.S. 25-319(A) sets out four different ways in which you can become entitled to spousal maintenance. If you don't fall under one of the categories you don't even get to talk about amounts. If you do fall under one of the categories then you can move on to 25-319(B).
A.R.S. 25-319(B) is a long list of factors that are considered, discussed and analyzed in any spousal maintenance case. It is through discussing and analyzing these factors that an amount and time period for maintenance are reached. As I said, there is no formula. It's up to you to show what you need based on how you lived during the marriage.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
The relevant statute for spousal maintenance is A.R.S. 25-319. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00319.htm&Title=25&DocType=ARS You need to review this statute if you are considering seeking spousal maintenance.
Before you can start talking about how much spousal maintenance you should get, you have to figure out whether you are even entitled to it. A.R.S. 25-319(A) sets out four different ways in which you can become entitled to spousal maintenance. If you don't fall under one of the categories you don't even get to talk about amounts. If you do fall under one of the categories then you can move on to 25-319(B).
A.R.S. 25-319(B) is a long list of factors that are considered, discussed and analyzed in any spousal maintenance case. It is through discussing and analyzing these factors that an amount and time period for maintenance are reached. As I said, there is no formula. It's up to you to show what you need based on how you lived during the marriage.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Monday, January 7, 2013
Child Support - calculating parenting time days
One part of the child support calculation is the number of parenting time days the non-custodial parent has in a year. That parent receives a percentage deduction in his/her obligation based on that number. Therefore, it is important to know how to calculate the number of days correctly. There are many lawyers who do not do this properly and it leads to an incorrect child support figure.
Here is a link to the child support guidelines and calculator. If this is the first time you are establishing child support you need to use the 2011 child support guidelines. If you have an existing order but need or want to modify the amount you need to read the 2011 guidelines to determine if they or the 2005 guidelines apply instead. http://www.azcourts.gov/familylaw/Home.aspx
The first thing to do is to calculate how many hours of regular parenting time the non-custodial parent has in a two week period. I say two weeks because typically parents have a consistent mid-week schedule and alternate the weekends, making the schedule repeat every two weeks rather than every week. Yours may repeat more or less frequently. It will be important to know how frequently it repeats so figure that out also. The guidelines assign fractions of days or a full day to each scheduled block of parenting time based on the number of hours a visit lasts. Determine how much each block of parenting time in the week or multiple weeks amounts to based on the guidelines. You should have a round number of something ending in .25, .5 or .75.
Once you have this number you need to calculate how much time this amounts to over the course of a year, which has 52 weeks. You cannot just multiply by 52 weeks if your regular parenting time schedule repeats every two or more weeks or if you have a vacation schedule that gives each of you a week or two or three etc of uninterrupted parenting time.
To factor in vacation parenting time you first subtract the total number of vacation weeks from 52 weeks per year, (i.e. 2 weeks for the custodial parent + 2 weeks for the non-custodial parent = 4 total weeks of vacation, then 52 total weeks - 4 weeks vacation parenting time = 48 weeks of regular parenting time.) Once you know how many weeks of the year regular parenting time occurs, you need to divide it by the number of weeks that pass in your regular parenting time schedule before it repeats. As I said above, it is typically a two week repeating schedule. Thus, in this example with 48 weeks of regular parenting time, you would divide 48 by 2, giving you 24. Finally, multiply 24 times the number of hours the non-custodial parent has for parenting time. This is the number of regular parenting time hours.
Once you have the total number of regular parenting time numbers in a year, you need to add to it the number of days of vacation parenting time he/she has. If each parent has two weeks of vacation parenting time then you would add 14 parenting time days to your total.
As for holidays, if you are on a rotating schedule where in odd years the custodial parent has a certain set of holidays and the non-custodial another set and then in even years it flips exactly, you do not factor in holidays to your calculation. The reason is that over time the holiday parenting time equalizes itself.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Here is a link to the child support guidelines and calculator. If this is the first time you are establishing child support you need to use the 2011 child support guidelines. If you have an existing order but need or want to modify the amount you need to read the 2011 guidelines to determine if they or the 2005 guidelines apply instead. http://www.azcourts.gov/familylaw/Home.aspx
The first thing to do is to calculate how many hours of regular parenting time the non-custodial parent has in a two week period. I say two weeks because typically parents have a consistent mid-week schedule and alternate the weekends, making the schedule repeat every two weeks rather than every week. Yours may repeat more or less frequently. It will be important to know how frequently it repeats so figure that out also. The guidelines assign fractions of days or a full day to each scheduled block of parenting time based on the number of hours a visit lasts. Determine how much each block of parenting time in the week or multiple weeks amounts to based on the guidelines. You should have a round number of something ending in .25, .5 or .75.
Once you have this number you need to calculate how much time this amounts to over the course of a year, which has 52 weeks. You cannot just multiply by 52 weeks if your regular parenting time schedule repeats every two or more weeks or if you have a vacation schedule that gives each of you a week or two or three etc of uninterrupted parenting time.
To factor in vacation parenting time you first subtract the total number of vacation weeks from 52 weeks per year, (i.e. 2 weeks for the custodial parent + 2 weeks for the non-custodial parent = 4 total weeks of vacation, then 52 total weeks - 4 weeks vacation parenting time = 48 weeks of regular parenting time.) Once you know how many weeks of the year regular parenting time occurs, you need to divide it by the number of weeks that pass in your regular parenting time schedule before it repeats. As I said above, it is typically a two week repeating schedule. Thus, in this example with 48 weeks of regular parenting time, you would divide 48 by 2, giving you 24. Finally, multiply 24 times the number of hours the non-custodial parent has for parenting time. This is the number of regular parenting time hours.
Once you have the total number of regular parenting time numbers in a year, you need to add to it the number of days of vacation parenting time he/she has. If each parent has two weeks of vacation parenting time then you would add 14 parenting time days to your total.
As for holidays, if you are on a rotating schedule where in odd years the custodial parent has a certain set of holidays and the non-custodial another set and then in even years it flips exactly, you do not factor in holidays to your calculation. The reason is that over time the holiday parenting time equalizes itself.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Friday, January 4, 2013
Child Support
In Arizona there is an entire set of rules on how to calculate child support, called the Child Support Guidelines. They are available on line at the Arizona Supreme Court website if you want to read them and you should.
Child support in Arizona is a formula. A child support calculator is available at the Arizona Supreme Court website. You plug in certain numbers and it spits you out a number for child support.
To calculate child support you will need to know your gross monthly income, the other parent's gross monthly income, the cost of health insurance for the children, childcare costs, private school costs and the number of parenting time days the non-custodial parent has each year.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Child support in Arizona is a formula. A child support calculator is available at the Arizona Supreme Court website. You plug in certain numbers and it spits you out a number for child support.
To calculate child support you will need to know your gross monthly income, the other parent's gross monthly income, the cost of health insurance for the children, childcare costs, private school costs and the number of parenting time days the non-custodial parent has each year.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Thursday, January 3, 2013
Custody mediation
Most counties in Arizona offer and even require you to attend mediation to resolve and discuss custody matters even if both parents agree on everything. The court will issue an order to the mediation program to schedule a date for mediation. It is mandatory that you attend this session. You will have a few hours to meet with the mediator to discuss the points you both agree and disagree on. The mediator will write down in a parenting plan the things you agree on. The mediator will work with both of you to try and bring about a compromise on the things you do not agree on. At the conclusion you either leave with a complete agreement, a partial agreement or no agreement.
Mediation should be a positive thing for you. It is a way to resolve custody issues at no cost to you. If you don't agree In mediation you will have to continue trying to negotiate through lawyers if you have them and ultimately have a trial if no agreement can be reached. Custody trials are the longest, most expensive and emotionally agonizing part of a divorce and should be avoided at all costs. You will be happier in the long run compromising on some things than having a trial. In negotiation and compromise you know and can control your priority level on the various disputed issues. You can give up things less important and hold tighter to the most important things. A judge isn't going to know the order that contested issues fall in your list of priorities.
Use mediation to avoid a huge headache and money pit.
Mediation should be a positive thing for you. It is a way to resolve custody issues at no cost to you. If you don't agree In mediation you will have to continue trying to negotiate through lawyers if you have them and ultimately have a trial if no agreement can be reached. Custody trials are the longest, most expensive and emotionally agonizing part of a divorce and should be avoided at all costs. You will be happier in the long run compromising on some things than having a trial. In negotiation and compromise you know and can control your priority level on the various disputed issues. You can give up things less important and hold tighter to the most important things. A judge isn't going to know the order that contested issues fall in your list of priorities.
Use mediation to avoid a huge headache and money pit.
Wednesday, January 2, 2013
Physical Custody - Vacation Parenting Time Schedule
Vacation parenting time is the third part of a parenting time schedule that has to be decided. Vacation parenting time also takes precedence over regular parenting time. This generally means longer, uninterrupted time with the kids during the summer months. Typically, each parent gets 2-3 weeks of vacation parenting time in a calendar year. However, in most instances vacation parenting time cannot be exercised in one large block. A parent is limited to one week at a time. Parents usually set a date by which summer vacation parenting time must be determined, such as April 1 or May 1 of each year. Parents alternate years in which his/her plans trump if there is a scheduling conflict. Keep in mind that vacation parenting time does not trump holiday parenting time. Thus, you cannot plan a vacation over July 4 weekend if the other parent has that holiday as holiday parenting time.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Tuesday, January 1, 2013
Physical custody - holiday parenting time schedule
Holiday parenting time: This schedule takes precedent over the regular parenting time schedule. If a parent misses regular parenting time because of holiday parenting time he/she is not entitled to makeup. It works itself out overtime.
The following is a list by month of the possible holidays and school breaks:
January
Martin Luther King Day
February
Presidents Day
March/April
Easter
Spring Break
May
Mothers Day
Memorial Day
June
Fathers Day
July
July 4
September
Labor Day
October
Columbus Day
Fall Break
Halloween
November
Veterans Day
Thanksgiving
December
Christmas Eve/Christmas Day
Winter Break
New Years Eve/New Years Day
Typically, one parent gets certain holidays in odd years and the other parent in even years. If you have the January holiday then the other parent should have the next holiday in the schedule.
I recommend keeping the holiday schedule to a minimum, including only the most important holidays. It is really disruptive to have every single one of the school holidays and breaks included. The more holidays you include the more disruption there will be. Carefully consider the holidays that really matter to you and your children. Birthdays can easily be celebrated just before or just after the actual day. There is no need to include birthdays in the holiday schedule.
As to Christmas and Winter Break, I recommend that once your child is in school you divide Winter Break, rather than Christmas Eve and Christmas Day. One parent would have the beginning of the break through Christmas Day. The other parent would have from December 26 through the end of the break, including New Years. This allows each parent to have a full Christmas celebration with the children every other year and makes travel possible. If you divide Christmas Eve and Christmas Day it disrupts the holiday for both parents and the children every year and no one can travel to see extended family.
If I were making a schedule I would limit holidays to Memorial Day, Labor Day, Mothers Day, Fathers Day, Thanksgiving, Winter Break (including Christmas Eve and Christmas Day), Easter and Spring Break (which sometimes are concurrent).
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
The following is a list by month of the possible holidays and school breaks:
January
Martin Luther King Day
February
Presidents Day
March/April
Easter
Spring Break
May
Mothers Day
Memorial Day
June
Fathers Day
July
July 4
September
Labor Day
October
Columbus Day
Fall Break
Halloween
November
Veterans Day
Thanksgiving
December
Christmas Eve/Christmas Day
Winter Break
New Years Eve/New Years Day
Typically, one parent gets certain holidays in odd years and the other parent in even years. If you have the January holiday then the other parent should have the next holiday in the schedule.
I recommend keeping the holiday schedule to a minimum, including only the most important holidays. It is really disruptive to have every single one of the school holidays and breaks included. The more holidays you include the more disruption there will be. Carefully consider the holidays that really matter to you and your children. Birthdays can easily be celebrated just before or just after the actual day. There is no need to include birthdays in the holiday schedule.
As to Christmas and Winter Break, I recommend that once your child is in school you divide Winter Break, rather than Christmas Eve and Christmas Day. One parent would have the beginning of the break through Christmas Day. The other parent would have from December 26 through the end of the break, including New Years. This allows each parent to have a full Christmas celebration with the children every other year and makes travel possible. If you divide Christmas Eve and Christmas Day it disrupts the holiday for both parents and the children every year and no one can travel to see extended family.
If I were making a schedule I would limit holidays to Memorial Day, Labor Day, Mothers Day, Fathers Day, Thanksgiving, Winter Break (including Christmas Eve and Christmas Day), Easter and Spring Break (which sometimes are concurrent).
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
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