On behalf of DeShon Pullen & Associates, PLC posted in Child Custody on Wednesday, May 16, 2012
A mother was recently sentenced to jail for allowing her son to be baptized without his father's prior consent. The parties addressed child custody in their divorce through a joint agreement referred to as their "Permanent Parenting Plan." The wording in the agreement was very specific in explaining how both parents must work out agreements concerning their child's religious upbringing or otherwise resort to a mediator. Divorced parents in Arizona may find themselves surrounded by similar circumstances if they are not careful to adhere to the terms laid out in a divorce decree.
The dispute between the two parents led them to a Tennessee courtroom, and eventually led the mother to a day in jail. According to the mother's attorney, her 12-year-old son decided to be baptized in a Baptist church, and both parents attended the baptism. The boy's father argues that the decision should have been made jointly with his mother prior to the baptism.
On behalf of DeShon Pullen & Associates, PLC posted in Child Support on Tuesday, May 8, 2012
A Scottsdale business man was arrested on April 27 and ordered to jail until he can come up with $6,000 toward his child support arrears. According to court records, the total amount for what he owes in child support payments in Arizona is likely to reach $30,000. He was taken into custody inside a Maricopa County courtroom in Mesa.
The judge had originally given the man two weeks to pay the $6,000. Upon his failure to do so, the judge has now held him in contempt of court. In those proceedings, the man claimed the amount he owed was in error, though no details of any purported error were disclosed in a news article about the court proceedings. He asked for an extension of his time to pay, as well as for an installment plan for periodic $500 payments, but the judge ordered that he be incarcerated.
On behalf of DeShon Pullen & Associates, PLC posted in Child Support on Monday, April 30, 2012
Non-custodial parents in Arizona are $1.7 billion in debt for child support arrears. Recent investigations discovered flaws in Arizona's system for collecting child support from non-custodial parents. The head of the state agency with the daunting task of helping custodial parents collect unpaid child support admits the process is not working up to its potential. There are approximately 144,000 cases in Arizona with delinquent or unpaid child support.
One custodial mother has been fighting in court to collect child support with no good fortune since 2007. The process is slow. In this case, the non-custodial father claims that he cannot pay what he does not have. Many non-custodial parents experiencing job loss have abandoned the will to pay or get caught up on what they owe their children.
On behalf of DeShon Pullen & Associates, PLC posted in Alimony on Tuesday, April 24, 2012
Arizona folks who have been a part of a divorce that includes spousal maintenance know that in some instances the payments can result in an income tax deduction. The alimony paid to an ex-spouse is one of the deductions that many look forward to each year, after 12 months of paying for spousal support. However, there are instances when a deduction is not permissible.
Arizona readers may be interested to hear about former MLB player Dave LaPoint, who was the subject of a U.S. Tax Court case recently after his attempts to deduct some of his alimony payments to his ex-wife were rejected by the IRS. The deductions were made in 2002 and 2004. The court ruled against LaPoint, holding that the deductions were not valid as made.
On behalf of DeShon Pullen & Associates, PLC posted in Child Custody on Thursday, April 19, 2012
A child custody court order is often a part of a final Arizona divorce agreement when minor children are involved. This document sets out the days that a child lives with each parent. Many times the child custody agreement requires that both parents live in the same state.
When one parent decides that they wish to relocate with the child, they must typically petition the court for approval and a change to the child custody plan. Once filed, the other parent has a right to object to the request. A court will determine if the reason for relocation is legitimate and if it is in the best interests of the child. Relocation can be requested and granted in situations such as a job change or new marriage, though court approval is by no means automatic.
On behalf of DeShon Pullen & Associates, PLC posted in Divorce on Tuesday, April 10, 2012
How many first marriages survive? Divorce is not uncommon no matter whether you live in Phoenix or Scottsdale or any place in the country. The truth of the matter is that divorce is more common now than it was a decade ago. In fact, couples in Phoenix that have just recently gotten married for the first time or plan to have their first nuptials in the near future may be interested to know that a new study documents that nearly half of all first marriages end within the first 20 years.
Over the course of four years, Centers of Disease Control and Prevention researchers spoke with more than 20,000 men and women. In this study, it became apparent that it is more common to be single and living together than married. In fact, about 60 percent of couples today live together before getting married.
On behalf of DeShon Pullen & Associates, PLC posted in Child Custody on Wednesday, April 4, 2012
Service members in Arizona may be interested in a piece of legislation currently making its way through the U.S. House of Representatives. The legislation would strengthen the child custody rights of members of the military. So far, 63 members of the House Armed Services Committee have endorsed the bill.
In child custody disputes, a family law judge in Arizona and elsewhere will often take into account several factors in deciding what is in the best interests of the child. Currently, one of the factors a judge may use is active-duty deployment. For example, if a service member is about to be deployed overseas, then that could impact their child custody hearing negatively.
On behalf of DeShon Pullen & Associates, PLC posted in Grandparents’ Rights on Monday, March 26, 2012
In battles of child custody and visitation rights, one almost always thinks of the mother and father of the child involved. In these cases, grandparents' rights concerning their grandchildren are heavily overlooked and often compromised despite the positive influence they may have on the child's life.
Unfortunately, there are no nationally mandated rules regarding these rights for grandparents in Arizona or elsewhere, though some states have made small steps in this direction.
On behalf of DeShon Pullen & Associates, PLC posted in Child Support on Monday, March 19, 2012
An order to pay child support is most often one that can last for many years and is typically due each month. These payments can be a major negotiating hurdle in many Arizona divorces and separations. Often the parent with whom the child resides primarily will receive child support payments from their former spouse.
Arizona residents may be interested to learn about a recent case where a man was held to be responsible for child support payments for children that were conceived after the relationship with his ex-spouse ended. The young twins were born using a donated egg. Prior to the end of their relationship, the couple had arranged to be placed on a waiting list for donated eggs. After separation, the eggs became available, and the father agreed to allow in-vitro to be used for conception.
On behalf of DeShon Pullen & Associates, PLC posted in Child Custody on Wednesday, March 14, 2012
A somewhat controversial bill is currently making its way through the Arizona legislature. It addresses child custody in circumstances where a child is born out of wedlock and seeks to change current law which gives a mother full legal custody until paternity is legally established.
The problem is that a paternity determination takes time and potentially gives a mother the opportunity to take unfair action to the detriment of the father. The proposed legislation seeks to give fathers equal rights of child custody where the parties have agreed on paternity or the father's name appears on the child's birth certificate. In cases where a child is born to a married couple, each parent is automatically awarded equal custodial rights.
