General Divorce

What Do I Need to Know About the 2019 Family Law Rules Changes? (Part 1 of several)

The Rules changed on 1/1/2019, so how extensive were the changes? There are a number of substantive changes to cover, and this article in the Arizona Attorney

January 14, 2019 No Comments

2018 Cases Wrapped Up: Amadore and Davis – and the new Rules

Amadore v. Lifgren. (2018) While this case involved the modification of spousal maintenance and child support retroactive to the date of filing for modification, and

January 7, 2019 No Comments

New Case Limits Application of Hays v. Gama: Johnson v. Provoyeur

A 2003 case, Hays v. Gama has been cited repeatedly, and often incorrectly, for the proposition that a trial court cannot exclude evidence that would tend to

September 4, 2018 No Comments

Help Your Client Be More Comfortable With Mediation

The purpose of this post is to give attorneys a template that can be provided to their clients prior to mediation, to make the client

August 13, 2018 No Comments

Equal Parenting Time Gets Another Boost from COA: Barron v. Barron

As of today, July 31, 2018, we have new pronouncements from the Arizona Court of Appeals about equal parenting time. (Hint: They’re in favor of

July 31, 2018 No Comments

Devices in Divorce: The Apps are Traps

Right now, if my partner threw me out of the house, I could make him crazy I could turn on the speakers in three rooms

July 6, 2018 No Comments

Court’s Authority to Direct a Parent’s Decision-Making is Limited: Paul E. V. Courtney F.

Paul E. v. Courtney F., was decided by the Arizona Court of Appeals, Div. I, on April 3, 2018. This important Division 1 Court of

April 11, 2018 No Comments

What is Child Support Supposed to Cover?

Lawyers are commonly asked what the child support paid from one parent to the other is supposed to cover? If Mother pays child support, the

March 21, 2018 No Comments

Legal Decision Making and Court’s Authority to Make School Choice is Clarified: Nicaise v. Sundaram (COA 2018)

UPDATE: This Court of Appeals decision was reviewed by the Arizona Supreme Court which issued a new decision in January 2019. The Supreme Court’s decision

March 2, 2018 No Comments

Military Disability Benefits Can’t Be Considered in Spousal Maintenance Analysis

Arizona law establishes that “federal disability benefits awarded to the other spouse for service-connected disabilities . . . ” cannot be considered by the court

October 30, 2017 No Comments

What Do I Need to Know About the 2019 Family Law Rules Changes? (Part 1 of several)

The Rules changed on 1/1/2019, so how extensive were the changes? There are a number of substantive changes to cover, and this article in the Arizona Attorney in January covered some of those. There was extensive restyling, meaning that the language and...

2018 Cases Wrapped Up: Amadore and Davis – and the new Rules

Amadore v. Lifgren. (2018) While this case involved the modification of spousal maintenance and child support retroactive to the date of filing for modification, and discussed how to handle the overpayments made as the result of the retroactive reduction in...

New Case Limits Application of Hays v. Gama: Johnson v. Provoyeur

A 2003 case, Hays v. Gama has been cited repeatedly, and often incorrectly, for the proposition that a trial court cannot exclude evidence that would tend to add information about a child’s best interests, no matter how late that evidence is produced...

Help Your Client Be More Comfortable With Mediation

The purpose of this post is to give attorneys a template that can be provided to their clients prior to mediation, to make the client more comfortable during mediation and let them know what to expect. The attorney will...

Equal Parenting Time Gets Another Boost from COA: Barron v. Barron

As of today, July 31, 2018, we have new pronouncements from the Arizona Court of Appeals about equal parenting time. (Hint: They’re in favor of it.) The findings don’t bode well for those parents who oppose equal time sharing arrangements...

Devices in Divorce: The Apps are Traps

Right now, if my partner threw me out of the house, I could make him crazy I could turn on the speakers in three rooms of the house, delete everything he wants to record on TV, delete all his upcoming...

Court’s Authority to Direct a Parent’s Decision-Making is Limited: Paul E. V. Courtney F.

Paul E. v. Courtney F., was decided by the Arizona Court of Appeals, Div. I, on April 3, 2018. This important Division 1 Court of Appeals case defines provisions of legal decision-making, both joint and sole, and severely restricts the...

What is Child Support Supposed to Cover?

Lawyers are commonly asked what the child support paid from one parent to the other is supposed to cover? If Mother pays child support, the children should bring all their clothes, shoes and underwear when they stay at her home,...

Legal Decision Making and Court’s Authority to Make School Choice is Clarified: Nicaise v. Sundaram (COA 2018)

UPDATE: This Court of Appeals decision was reviewed by the Arizona Supreme Court which issued a new decision in January 2019. The Supreme Court’s decision substantially changed the rulings in the Court of Appeals decision and the new Supreme Court...

Military Disability Benefits Can’t Be Considered in Spousal Maintenance Analysis

Arizona law establishes that “federal disability benefits awarded to the other spouse for service-connected disabilities . . . ” cannot be considered by the court in a dissolution proceeding and request for spousal maintenance.” ARS 25-530. The specific federal disability...

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