Regular Post
Written by Canterbury Law Group

Obtaining Alimony in Arizona

In Arizona, alimony is still awarded in divorce cases.  However, it is crucial to find a well versed Scottsdale divorce lawyer who can help you get what you deserve.

Alimony in Arizona is typically called “spousal maintenance.” When spouses separate, one person may be unable to pay for regular living expenses after the divorce is final, in which case a judge may require the higher earner—whether that is the husband or the wife—to assist the lower earner financially for at least some period of time.

To award spousal maintenance, a court must find that one spouse has the financial need and the other has the ability to pay after first paying their own personal expenses. An Arizona court may determine that need exists if one spouse:

  • does not have enough property—even after the marital distribution—to provide for their reasonable needs
  • contributed to the other spouse’s educational opportunities, or
  • is unable to be self-sufficient through appropriate employment post-divorce.

The courts will typically award alimony at a rate which usually ranges from 16% to 33% of the higher earning spouse’s gross monthly income for a term of years which is usually between 1/4 to 1/2 the duration of marriage.  For example, if the husband has an income of $10,000 per month and the wife works part-time and earns $1,400 per month, the wife should expect $1,600 to $3,300 per month.  A 10-year marriage would equate to 2.5 years to 5 years of spousal maintenance.  Again, every case is fact specific and no result can be assured, but these ranges have been witnessed in many previous litigated cases.

Couples may enter into their own private agreements either waiving maintenance entirely or providing that neither will seek any changes to maintenance in court. Unless they make such an agreement or unless the final divorce order says otherwise, either spouse may request a court to modify or terminate periodic payments due to a substantial and continuing change in circumstances. Payments end when the term of an award expires, when the recipient spouse remarries or upon the death of the recipient spouse.

The Scottsdale divorce attorneys at Canterbury Law Group have represented women and men in their Arizona spousal maintenance cases. To discuss your options in a Scottsdale divorce, call us today to schedule a consultation. 480-744-7711

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Regular Post
Written by Canterbury Law Group

4 Child Custody Tips to Incorporate Into The Holiday Season

A key driver of any divorce with children, after the dust settles, is a court enforceable joint parenting plan. Typically when parents cannot mutually agree on a child-rearing plan, the court will often establish a written plan and court order that both parents must follow concerning the children’s health and welfare. Arizona law requires that the best interest of the child be the lead consideration above any other.

At Canterbury Law Group, the family law attorneys in Scottsdale have helped thousands of parents achieve mutually agreeable custody road maps, and help navigate the changes needed when children’s schedules fluctuate as they grow and mature. Here are some common ways that parents divide and share holiday time under the law:

Alternate holidays every other year. You can assign holidays to each parent for even years and then swap the holidays in odd years. With this arrangement, you won’t miss spending a holiday with your child more than one year in a row. For example, this year she gets Thanksgiving and next year he gets it.

Split the holiday in half. You can split the day of the holiday so that your child spends part of the day with each parent. This arrangement requires planning and coordination because you don’t want your child to spend holidays traveling all day. However for longer holidays like Spring Break you can get the front 5 days and they get the other 5 days, and you reverse the time exchange the year after.

Schedule a holiday twice. You can schedule time for each parent to celebrate a holiday with your child. For example, one parent can celebrate Christmas with the child on Dec. 20th and the other parent on the 25th. The following year would reverse the order. Younger children, in particular may not even notice!

Assign fixed holidays. You can have each parent celebrate the same holidays with the child every year. If parents have different holidays that they think are important, each parent can have those holidays every year. For example, military spouses may want Veterans Day or Fourth of July every year and the other parent, in exchange would get Labor Day and Memorial Day every year.

The Scottsdale family law attorneys at Canterbury Law Group can help you keep the legal peace with your ex and enjoy a great vacation with your kids. If you need legal advice, call us today (480-744-7711) to schedule your consultation.

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Regular Post
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Scottsdale Divorce Lawyers Look at Jolie – Pitt Divorce

Recently, the news of Angelina Jolie filing for divorce from Brad Pitt has made headlines around the globe. Together for twelve years and married for two years, this Hollywood couple had become known for their extra-large brood of children, international travels, worldwide philanthropy and being “Brangelina.”

Although the Scottsdale divorce lawyers at Canterbury Law Group have not worked with the couple, we can acknowledge some important factors in this upcoming divorce.

Community Property – Most states, except those listed as community property states, use the “common law” system of property ownership. In these states, it’s usually easy to tell which spouse owns what. If only your name is on the deed, registration document, or other title paper, it’s yours. If you live in a community property state, including both Arizona and California, the rules are more complicated. Generally, in community property states, money earned by either spouse during the marriage and all property bought with those earnings are considered community property that is owned equally by husband and wife. Therefore, both starlets may have to divide all assets they’ve acquired since being married.

Child Custody – When initially filing for divorce, Jolie asked for physical custody of the couple’s six children and asked that the judge give Pitt visitation. News sources have since reported that Jolie was granted full physical custody of the couple’s children. Pitt will reportedly have visitation rights, the first of which will be monitored by a therapist who then has the authority to allow or deny unmonitored visits. In addition, Pitt will have to submit to random drug and alcohol testing, as Jolie reportedly accused him of having a drinking problem. No matter what your divorce situation is, the transition can be exceptionally difficult on the children. It’s always suggested to try to compromise out of court to avoid tolling legislation with your children.

If you’re looking for a Scottsdale divorce attorney and / or family law attorney contact us today. Any delay can affect your future and the wellbeing of your children.

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Regular Post
Written by Canterbury Law Group

Tips for Fathers Trying to Get Custody

Many fathers assume they won’t have a fair trial when trying to obtain legal custody of their child. This is not true, although it is crucial to have experienced and trusted child custody help in Phoenix. The family law attorneys at Canterbury Law Group have years of experience recognizing and building formidable cases that will protect your interests and maximize your parenting time.

If you’re a father hoping for custody of your child, we have tips that may help you and your case:

1. Pay Child Support: A father who wants custody of a child should prioritize making regular child support payments. If he has an informal arrangement with the child’s mother, it is crucial to maintain records such as check receipts or a written letter from the child’s mother detailing the support arrangements. If a father is struggling with child support payments, he should request a modification rather than sacrificing a payment.

2. Maintain a Strong Relationship: Even if the child is not in the custody of the father, a relationship can still consistent. The dad should call the child frequently and check in on their day, schedule a time to stop by the child’s school and introduce himself to the administration and ensure the child knows that he’s there to offer any assistance necessary. A father who wants custody should also attend the child’s social, educational, religious and other important events as evidence of a continuing relationship with the child.

3. Keep Precise Records: A father should maintain an accurate visitation schedule record to help obtain child custody. A father can capture accurate visitation records by developing and maintaining a parenting plan.

4. Prepare a Space for Your Child At Home: A father should make a special place in his home for the child, regardless of the size of the home. A court will inquire about adequate living accommodations during all child custody hearings, so a father should be prepared to respond to the judge’s inquiry.

5. Consider Mediation: A father who wants custody of a child should consider mediation or arbitration, prior to undergoing an adversarial court hearing. In mediation or arbitration, cases are decided by a neutral third party. For a father, custody proceedings in a courtroom may be difficult to handle, so he may prefer the smaller, friendlier setting associated with mediation or arbitration.

Our legal team has extensive experience in child custody help in Scottsdale. We help fathers get fair and equitable treatment by the courts. Recent changes to Arizona law mandate that the court treat both mothers and fathers equally in the eyes of the law. If a man fears that his wife may leave and take the children, it is his obligation to ensure he takes steps needed to protect his role as the father. That may mean consulting an attorney before his wife has the opportunity to file for a divorce. The family law attorneys at Canterbury Law Group have significant expertise in father’s rights issues and can capably guide you through. Your children are counting on you to make the right decisions both before and after the divorce case has been filed.

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Written by Canterbury Law Group

Custody Tips for Summer Vacation

At Canterbury Law Group, our no-nonsense Scottsdale divorce lawyers fight to protect the future and well-being of children affected by divorce. We work diligently to secure a sound emotional and financial outcome for children of divorced parents.

Divorce can be a delicate and painful experience for all involved. Our Scottsdale divorce attorneys work tirelessly to ensure the children remain a priority throughout and after the divorce, and strive to remedy sensitive issues including custody arrangements and parenting plans with concern and attention, striving to reduce the possible future damage divorce can have on children and relationships.

If you have children that have been affected by divorce, it’s best to create a plan for summer parenting. You want your kids to enjoy summer rather than feeling the stress of divorce. Our Phoenix divorce lawyers offer tips to help with summer vacation arrangements:

1. Create a documented plan: Try to set a mutually agreed upon summer parenting schedule with your ex. If needed, a Court Order is a way to prevent problems that can occur due to co-parenting conflicts. The plan should specifically identify the summer vacation parenting schedule, as it may differ from the school year schedule.

2. Flexibility: While the Court Order can be an “emergency” plan for both parties, it is helpful if the parties can be reasonably flexible with each other regarding summer parenting time. This will allow your children to attend events and participate in activities that may fall outside of a parent’s court ordered parenting time. This also shows that the parents are willing to cooperate by being lenient and working together for the benefit of the children.

3. Plan for summer expenses: Parents should take into consideration the expense of summer activities that their children are involved in, such as summer camp. Refer to the original terms of your parenting time agreement regarding summer camp so you know the required financial contributions from either parent.

4. Eliminate the kids from any disputes: A proper parenting schedule is successful when the children don’t feel any tension between the parents. Although conflicts are bound to happen, this should be handled between the parents alone and away from the kids. Effective communication between the parents is one way to avoid disputes or conflicts altogether.

If you need assistance with your summer parenting schedule, contact the Phoenix divorce attorneys at Canterbury Law Group! We can help ensure the summer is enjoyable for all. 480-744-7711.

Changes in Custody Plans, Child Custody & Parenting Time, Custody Terms, Custody Tips, Family Law, Family Law Attorney, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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Regular Post
Written by Canterbury Law Group

Child Custody During Summer Months

Canterbury Law Group handles various family law matters, including divorce and child custody. Family law is a complex legal area requiring measured and detailed strategy and execution as well as constant upkeep. If you have children with an ex, it’s time to consider future summer vacations and your custody agreement. At Canterbury Law Group, we have many ways to help you keep the legal peace with your ex and enjoy a great summer vacation with your kids.

1. Set Up a Vacation Schedule, And Stick to It. With the kids off from school, there’s plenty of time to plan for vacations and trips. However, it is essential to discuss you plans with your ex. It is typically beneficial to create a vacation schedule with your child custody lawyer, have your ex sign off on it and submit it to a family court judge. By doing this, both parties are clear on where the kids will be and it’s in writing with the court.

2. Be Sure You Don’t Violate Your Custody Agreement. Often, custody and / or visitation agreements have geographical limits, such as your kids can’t leave the state or country. If you’re planning a summer vacation abroad, you may need to have your agreement modified. If you and your ex have already created a vacation plan, it shouldn’t be too difficult to have your ex agree to a custody modification that allows for travel.

3. Use Open Communication. If you have to alter your vacation schedule, notify your ex spouse immediately. In fact, it is always a good idea to notify the other parent of your vacation plans or any change in plans. If you do not inform your ex of your travel plans, be prepared for possible legal action against you. The courts will want a detailed explanation as to why you wouldn’t give up the information and a judge will typically order a parent to divulge vacation plans for safety reasons.

4. Let Kids Communicate With Your Ex While on Vacation. Summer vacation doesn’t mean a communication ban from the other parent. Video calls with Face time or Skype may be a great way to allow your ex “virtual visitation”.

If you need assistance with modifying your child custody agreement for the summer, call us today to schedule a consultation. 480-744-7711. www.canterburylawgroup.com

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Written by Canterbury Law Group

Shared Holiday Time After Divorce

Divorced families with children may face some hardships during the holiday season because of parental custody and shared holiday time. At Canterbury Law Group, our Scottsdale divorce attorneys help navigate the difficult custody process with the ultimate goal to make the situation as clean as possible for everyone involved, especially the kids.

Here are some common ways that parents divide and share holiday time:

  • Alternate holidays every other year. You can assign holidays to each parent for even years and then swap the holidays in odd years. With this arrangement, you won’t miss spending a holiday with your child more than one year in a row.
  • Split the holiday in half. You can split the day of the holiday so that your child spends part of the day with each parent. This arrangement requires planning and coordination because you don’t want your child to spend holidays traveling all day.
  • Schedule a holiday twice. You can schedule time for each parent to celebrate a holiday with your child. For example, one parent can celebrate Christmas with the child on Dec. 23th and the other parent on the 25th.
  • Assign fixed holidays. You can have each parent celebrate the same holidays with the child every year. If parents have different holidays that they think are important, each parent can have those holidays every year.

Some holidays have special considerations because both parents usually want to spend time with the child on or near the holiday. We have the following recommendations for such situations.

  • Your child’s birthday: You can schedule a short visit for the parent who doesn’t have the child on the birthday, give both parents birthday time in the schedule, or the parents can alternate having the birthday.
  • 3 day weekend holidays: These holidays include Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Labor Day, and Columbus Day. Parents can alternate the 3 day weekends, split the weekends, or give the Monday holiday to the parent who already has the weekend.
  • Mother’s Day and Father’s Day: Usually your child spends every Mother’s Day with the mother and every Father’s Day with the father.
  • Thanksgiving and Thanksgiving weekend: One parent can have Thanksgiving Day and the other parent can have the weekend, you can give both parents time on Thanksgiving and on the weekend, or parents can alternate having Thanksgiving and the weekend.
  • The Christmas holiday season: One parent can have Christmas Eve and the other parent can have Christmas Day, one parent can have Christmas and the other parent can have winter break, you can make New Year’s Eve and New Year’s Day into one holiday and the parents alternate having it.
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Written by Canterbury Law Group

Child Custody After Divorce

At Canterbury Law Group, our Scottsdale divorce lawyers fight to protect the future and well-being of children affected by divorce. While winning your case, we also work diligently to secure a sound emotional and financial outcome for children of divorced parents.

If you are starting to consider a divorce or if you were recently served with a divorce petition, the Scottsdale divorce lawyers at Canterbury Law Group suggest immediately consulting with a trusted attorney to assess and protect all of your legal rights. Delays may limit your child custody options.

Divorce can be a delicate and painful experience for all involved. Our attorneys will work diligently to ensure the children remain a priority throughout and after the divorce, and strive to remedy sensitive issues including custody arrangements and parenting plans with concern and attention, striving to reduce the possible future damage divorce can have on children and relationships.

If you have children that will be affected by divorce, here are some important custody arrangements you should understand. The standard types of Legal Decision Making (child custody):

  • Parenting Time (physical custody) — Determines which specific days of the week that the minor child will be in the physical custody and control of the parent or his or her agents
  • Legal Decision Making — Grants one parent or both parents the right to make important decisions about how a child will be raised with regard to religion, medical care, education, etc.
  • Joint Legal Decision Making — Grants joint legal decision making to both parents assuming the parents can jointly agree on all issues of their child’s upbringing, if disagreements arise, the parties can divert to a court appointed Parenting Coordinator or return to Court to litigate.
  • Sole Custodial Parent — Grants one parent both legal decision making and full parenting time (custody) rights over the child (rare).

Divorce can be tolling on all involved so be sure to guard your kids and preserve their future. For more information on divorce and child custody, contact the Scottsdale divorce lawyers at Canterbury Law Group. We are here to protect you and your children: (480) 744-7711.

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Regular Post
Written by Canterbury Law Group

Sole Child Custody After Divorce

When a divorce involves children, Canterbury Law Group fights to protect their future and well-being both emotionally and financially.

Our Scottsdale divorce lawyers work diligently to ensure your children remain a priority throughout and after the divorce, and strive to remedy sensitive issues including custody arrangements and parenting plans. Our primary focus is to reduce the possible future damage divorce can have on children and relationships.

We often see parents who hope to win sole child custody and “take the kids”. However, it is important to realize that the court’s priority is the best interests of the child, which frequently mandates a ruling of joint custody. Many parents go into a child custody hearing with the intention of seeking sole custody. For some parents, this is because they believe that the other parent is “unfit” to raise their child. Any parent hoping to be awarded sole custody should realize that there is a higher burden of proof for the parent seeking sole custody. You will have to literally prove in a court of law that the other parent is an unfit parent based on substance abuse, criminal history or acts of domestic violence.

To award sole custody, the courts have to establish one parent as the “better parent,” which can be difficult to do, particularly if both parents have been involved up until this point. In addition, most judges are reluctant to prevent either parent from having a relationship with their child because the implication is that both parents, together, are best able to care for a child. As a result, any parent seeking sole custody has to prove that he or she is best able to care for a child, with or without the assistance of the other parent.

In addition, from a judge’s standpoint, parents should not be trashing one another during a child custody hearing. Instead, the parent seeking sole custody should focus on proving that he or she is the better parent without attacking his or her counterpart. When seeking sole custody, one should focus on the physical and psychological well-being of the child. Physical well-being includes your child’s routine, sleeping habits, eating schedule and activities. Judges tend to notice parents who encourage a healthy lifestyle. The factors of psychological well-being may include making sure that the child has access to liberal visitation with the other parent. Judges tend to favor parents who openly support the child’s the ongoing relationship with the other parent. Whether hoping for sole custody or joint custody, the legal team at Canterbury Law Group in Scottsdale can effectively represent you. Contact us today to schedule your initial consultation.

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Child Custody Factors in Arizona

When a divorce involves children, Scottsdale-based Canterbury Law Group fights aggressively to protect the children’s’ future and well being. In fact, we are known for securing the most sensible child arrangements possible at the lowest expense. We first attempt to collaborate with both parents and related experts to design practical provisions for successful co-parenting and child support schedules.

In the event that mutual settlement of these issues is not possible, our no-nonsense litigators will prepare your case with diligence and the utmost attention to detail. Arizona law requires that the best interest of the child be the lead consideration above any other when allocating child custody. Moreover, judges are commanded by statute to maximize the amount of parenting time for each parent. This usually suggests an equal 50/50 parenting time protocol absent parental fitness issues (e.g. drug, alcohol, criminal history, domestic violence) being proven by the other parent by competent and admissible evidence.

Arizona family courts determine custody based on the best interests of the child, taking into consideration a great deal of details including:

  • The child’s age
  • The child’s wishes
  • Each parent’s wishes
  • The child’s adjustment to home, school and community
  • Any history of domestic violence or child abuse by either parent
  • Whether the parents have provided primary care of the child
  • The mental and physical health of all individuals involved
  • The child’s relationship with each parent
  • Each parent’s willingness to foster a meaningful and substantial relationship with the other parent.

If you are thinking about filing for divorce in Scottsdale or Phoenix, call us today to schedule your consultation. Sometimes the best offense in a case is a well positioned, and thought our strategy which is completed weeks or months in advance of formally filing the case.

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