Law Office of Hector A. Montoya, P.L.L.C.Tucson Arizona Divorce Lawyer | Pima County AZ Family Law Attorney2023-02-27T09:48:16Zhttps://www.thetucsonlawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1501567/2020/08/apple-touch-icon-75x75.pngOn Behalf of Law Office of Hector A. Montoya, P.L.L.C.https://www.thetucsonlawyer.com/?p=480302022-05-24T22:11:13Z2022-05-31T22:09:59ZWhat is separate property?
In a divorce, a couple's property falls into one of two categories. Community property is jointly-owned, and both spouses have a claim to that property in a divorce. On the other hand, separate property is the sole property of one spouse. According to Arizona Revised Statutes § 25-213, “separate property” includes:
Property that only one spouse inherited
Gifts received by only one spouse
Property acquired before the marriage and income earned on that separate property
Couples may also choose to outline some property as separate in a prenuptial or postnuptial agreement.
Can separate property become community property?
While some of your property might begin as separate property, it may become community property through a process called commingling. Commingling occurs when a couple mixes their separate property with their community property, making it challenging to identify which property is separate. Commingling can happen in a variety of ways, including:
Depositing inherited funds into a joint bank account
Using community funds — such as those from a joint bank account — to pay the mortgage on a home acquired before the marriage or to improve that real estate
Funding an investment account with both spouses' funds
Adding a spouse's name to a previously separate bank account
While commingling can create additional challenges during a divorce, it is possible to protect your finances. Financial professionals may be able to untangle commingled assets. A sound legal strategy can help you further protect your financial future during the divorce process.]]>On Behalf of Law Office of Hector A. Montoya, P.L.L.C.https://www.thetucsonlawyer.com/?p=480342022-05-24T22:10:29Z2022-05-24T22:10:29ZHow can parenting plans address travel?
Parenting plans generally address a wide variety of different details. That plan can be key when planning family vacations after divorce, and a comprehensive plan can prepare for future trips. A parenting plan may include:
Which parent will purchase the child’s suitcase, camping gear or other supplies for travel
How co-parents can stay in touch with their child and with the other parent
Whether travel can extend outside a parent’s scheduled parenting time and how co-parents will handle those changes
How far in advance the traveling parent will inform the non-traveling parent of their plans
The details in your parenting plan are particularly important if you wish to travel out of state with your child. Some plans require you to seek the other person’s written permission to travel with your child out of the state. Even if your plan does not include this type of provision, you should discuss interstate travel plans with your child’s other parent ahead of your trip. You should also provide your co-parent with information about your travel itinerary, destinations and contact information in case of emergencies.
Parenting plans can lay the groundwork for future co-parenting and prevent conflict by addressing these details ahead of time. By carefully reviewing your parenting plan, you can ensure that you follow all essential steps as you prepare for travel with your child.]]>On Behalf of Law Office of Hector A. Montoya, P.L.L.C.https://www.thetucsonlawyer.com/?p=480222022-05-09T16:14:14Z2022-05-12T16:06:26ZHow common is the failure to pay child support?
The failure to pay child support is more common than many may expect. According to census data, less than half of parents receive the amount ordered by the court. While many parents received partial support, around one in four did not receive payments at all.
What are your options if you stop receiving child support payments?
Parents who receive child support payments have legal options if their child’s other parent stops providing court-ordered financial support. Various provisions in Title 25 of the Arizona Revised Statutes outline the requirements for child support and discuss how child support payments are enforced. Some of the ways that the state might enforce a child support order include:
Placing liens on real estate or other valuable property
Refusing to issue or renew a passport
Suspending the paying parent’s driver’s license
Suspending professional licensure like a medical license or teacher’s license
If your child’s parent has not complied with your support order or if you have concerns about your ability to pay the support amount required by your order, you may want to seek legal guidance. With help, you can explore your options, protect your finances and ensure that your child has the financial support they need as they grow.]]>On Behalf of Law Office of Hector A. Montoya, P.L.L.C.https://www.thetucsonlawyer.com/?p=480192022-05-09T16:06:54Z2022-05-09T16:06:54ZParents can create a plan that meets the unique needs of an infant.
Infants benefit from spending time with both parents, but a custody schedule for an infant may need to address a wide variety of factors. A parenting plan that provides a child with a consistent environment and the flexibility to accommodate their inconsistent sleep and feeding schedules will likely look different from an arrangement for an older child. For example, in situations where one parent breastfeeds, parents may need to build additional flexibility into their parenting plan to support their nursing routine.
Parents with infants may also want to consider how their parenting plan may impact their child’s emotional needs. For example, one 2013 study from the University of Virginia indicated that babies who spent one night each week away from their mothers had more insecure attachments. Parents concerned about their child’s need for secure attachments may want to schedule frequent visitations during the day to protect their child’s relationship with both parents while maintaining a consistent nighttime routine.
Later modifications can create a more equal schedule.
As a child grows and their needs change, parents can modify their parenting plan to ensure that both parents take an active role in their child’s life. After weaning, for example, a breastfed child may be able to spend more time with their father without concerns for their feeding schedule. Older children may also be able to spend more nights away from their primary caregiver. These modifications can help both parents foster a strong relationship with their child as they grow.]]>On Behalf of Law Office of Hector A. Montoya, P.L.L.C.https://www.thetucsonlawyer.com/?p=480102022-04-29T22:04:17Z2022-04-29T22:04:17ZWhat is the 20/20/20 rule? How might it impact post-divorce benefits?
The Uniformed Services Former Spouse Protection Act (USFSPA) protects the rights of servicemembers’ spouses. This act allows the court to address military pay, pension and other details in divorce agreements. Couples that meet specific requirements maintain commissary and exchange benefits and health coverage as long as the relationship meets specific requirements. 32 CFR § 199.3 lays out these requirements — also called the 20/20/20 rule — which include:
The marriage lasted for 20 years or longer
The servicemember in the family served for at least 20 years
That military service overlapped with the time that the couple was married for at least 20 years
Spouses married for a shorter period might still receive military medical benefits. Spouses whose marriage overlapped with military service for 15 years can receive full medical benefits for one year after their marriage. They can purchase a transitional healthcare policy after this time.
Are there options for spouses who do not meet these requirements?
Spouses whose marriage does not meet the requirements outlined by the USFSPA may still have support as they transition to the next chapter of their life. These people can receive support from the DOD Continued Health Care Benefit Program for up to 36 months as they seek out an alternative policy. Eligibility for this program is laid out in 32 CFR § 199.20.
Navigating the complexities of a military divorce can be challenging for service members and spouses alike. Seeking experienced guidance during this process can help you understand your options and protect your rights.]]>On Behalf of Law Office of Hector A. Montoya, P.L.L.C.https://www.thetucsonlawyer.com/?p=480162022-04-25T21:54:51Z2022-04-25T21:54:51ZWhat might happen to the business?
Under Arizona law, courts divide a couple’s jointly-held property — called community property — according to what is “equitable.” If the court determines that your business is community property, you and your spouse will divide stake in that business just as you would equity in your home or stock in your investment portfolio. Depending on your long-term goals, one spouse may choose to buy out the other’s share of the company, they may sell the business and divide the proceeds, or they may continue as co-owners.
What methods might you use to establish the value of your business?
No matter what you choose to do with your business during divorce, receiving your fair share of property may depend on knowing the value of the company.
One method you might employ when valuing your business is a market-based approach. This method may examine the sale of similar businesses in the area to determine what the business might be worth in a sale. While this method can offer insight into the price your business might receive in a sale, it also depends on the existence of recent comparable sales.
Another potential method is the asset-based approach. This method uses the worth of a company’s assets — including intangible assets like intellectual property — to determine the company’s worth as a whole. This can be a good option for companies that have made significant investments in inventory, production equipment or other key assets for the business.
A third method that business owners might employ is an income-based method. Income-based methods use various calculation approaches to estimate a business’s future income and its potential value to its owners.
Knowing the value of your business can provide you with essential information for building your strategy during property division and protecting your financial future.]]>On Behalf of Law Office of Hector A. Montoya, P.L.L.C.https://www.thetucsonlawyer.com/?p=480022022-04-05T15:55:44Z2022-04-07T15:53:32ZWhen does child support usually end?
Under Arizona law, a parent’s responsibility to financially support their child generally ends when that child reaches the age of majority at their eighteenth birthday. As a result, child support also usually ends when your child reaches adulthood.
Why might child support continue into adulthood?
While child support usually ends at a child’s eighteenth birthday, that is not always the case. A support order may require support payments to continue after that date. Arizona statute A.R.S. § 25-320 outlines some of the reasons child support may continue after your child turns 18. These include:
Your child will not have graduated by the time they turn 18 — Graduating high school is an important step toward your child’s future success. If your child will still be in school or pursuing their diploma at that time, the child support can continue until they graduate or turn 19, whichever comes first.
Your child has special needs — If your child’s disability makes them dependent on you for support, a child support order may last into their adulthood to ensure that they have the care they need.
You have a child support order from another state that dictates otherwise — If you moved into Arizona with an existing child support order from another state, the court will typically honor the existing order. If another state’s court declares that you must pay child support through college, for example, your payments would continue for several years into your child’s adulthood.
When negotiating your child support arrangement or arguing for your case in court, it is crucial to understand the needs of your child. If you are to owe child support, while it is understandable to protect your own income, also consider the long-term well-being of your child. If you are receiving child support, consider whether or not your child will need financial support into their adulthood.
If a situation develops after child support was already decided, such as when your child does not graduate high school by the time they reach adulthood, consider seeking a modification to keep your child support arrangement active. Child support exists to ensure the financial stability of your child, and your arrangement should evolve to reflect your child’s needs.
Whether your child is nearly grown or they have years before they reach adulthood, child support payments may be part of your finances after divorce. Failing to account for life changes as your child reaches adulthood could negatively impact them as they try to make a life of their own. Carefully considering these payments as you build your legal strategy can help you protect your financial health and your child’s needs as they grow.]]>On Behalf of Law Office of Hector A. Montoya, P.L.L.C.https://www.thetucsonlawyer.com/?p=480002022-04-05T15:53:56Z2022-04-05T15:53:56ZWhat factors does the court consider when granting spousal support?
The decision of whether or not to award spousal support depends on the unique situation of both the receiving spouse and the paying spouse, as defined by Arizona statute A.R.S. § 25-319. The court may ask a wide variety of questions to determine whether spousal support will be a part of their finances after divorce. These questions include:
How long did the marriage last? What was the receiving spouse’s standard of living during this time?
What resources will each spouse have after their divorce?
How able is each spouse to support themselves? Do they have a gap in their employment history or a physical or emotional condition that limits their ability to work?
How much time would the receiving spouse need to acquire the education or training needed to support themselves?
Can the paying spouse meet their own needs while paying maintenance?
Did the receiving spouse make contributions to the paying spouse’s earning ability or non-monetary contributions to the household?
These factors can influence not only how much support the court grants the receiving spouse but also how long they receive that support. For example, maintenance payments might offer support while a spouse who has spent time out of the workforce seeks training or education but end when they can re-enter the workforce.
If you or your spouse is requesting spousal support, carefully consider the terms of such an arrangement and how they will impact you long-term. Some spouses may accept spousal support terms that seem fair in the current moment but are financially strenuous over time. Additionally, if you and the other party share a child, you may want to consider how spousal support will factor into your child’s well-being. Ensuring each parent retains their standard of living is especially important when children are involved in the divorce.
While spousal maintenance payments are not a part of every Arizona divorce, they can offer some people the support they need as they transition into the next chapter of their life.]]>On Behalf of Law Office of Hector A. Montoya, P.L.L.C.https://www.thetucsonlawyer.com/?p=479832022-03-15T22:34:40Z2022-03-17T22:32:52ZCan servicemembers maintain custody of their child?
Because of the demands of military service, servicemembers may wonder whether they can maintain a strong relationship with their child after divorce. Thankfully, under Arizona law, the court attempts to give both parents as much time as possible with their child as long as that arrangement is in the child’s best interest. As a result, your custody arrangement will generally work within the constraints of your military career to maximize the time you spend with your child.
How can servicemembers address deployment or relocation?
Deployments, temporary duty assignments, training and relocations due to reassignment can all impact the workability of a parenting plan. Thankfully, most military families are aware of the challenges that deployment or relocation can bring. This allows you to establish a plan for parenting time ahead if your military service takes you from the area before it is needed.
For example, your parenting plan might include guidelines for virtual parenting time in the case of relocation or deployment. Additionally, a family care plan can help you prepare for deployments on little notice by naming a caregiver for your child ahead of time. For some servicemembers, establishing a family care plan is a requirement for their branch of service, and failure to create a plan could result in punishment.
When you are temporarily deployed or relocated a significant distance away, Arizona law also allows you to request that your parenting time be granted to another family member or individual your child has a close relationship with (such as a grandparent or stepparent). This further allows you to meet the demands of your military service without disrupting the parenting plan you have in place for your child. The court will largely consider your child’s best interests when approving or denying such a request.
While servicemembers and their families may face additional challenges when determining child custody, with proper planning and foresight they can still create an arrangement that protects both the servicemembers’ parental rights and the child’s well-being.]]>On Behalf of Law Office of Hector A. Montoya, P.L.L.C.https://www.thetucsonlawyer.com/?p=479902022-03-15T22:33:55Z2022-03-15T22:33:55ZThe court will not necessarily divide all of your property.
You and your spouse jointly own most property you acquire during your marriage, even if only one person’s name is on the title for a specific asset. This includes your savings, possessions like your car or home, any retirement benefits earned during this time and any debts acquired during your marriage.
However, there are some exceptions to this. Property you owned before your marriage, gifts and inherited assets, for example, are separate property and will not be divided during the divorce process. If you have a prenuptial agreement in place, that agreement may also name you or your spouse as the sole owner of other assets.
Will the court divide your jointly-owned property equally?
Arizona courts work to divide community property “equitably” during a divorce. While this arrangement could be equal, equitable division does not necessarily mean that your property will be divided in half between you and your spouse. Rather, the court will determine what is most fair for each spouse. A wide variety of factors could influence the portion of property and debts you receive.
For example, in the interest of providing support to your children, you may keep a greater portion of your community assets if you have more parenting time than your spouse. You may also take on a greater portion of community debts in exchange for a greater portion of your jointly-owned property.
The way that you and your spouse divide your community property will depend on your finances and your wishes. You can create a legal strategy that supports your goals and reach a fair division of property based on your unique situation.]]>