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Can Child Support Attorneys Help You Reduce You Child Support?

September 21, 2017 by Jason Pistiner

Child support attorneys in Arizona provide representation to parents when a decision is made on the amount of support that must be paid. The issue of child support can arise during a divorce or a separation. It can also arise when a child is born to out-of-wedlock parents who do not have a relationship, even in circumstances where a paternity test must be performed in order to determine who the father is and who will be required to provide support to the child.

The state of Arizona is very strict about requiring non-custodial parents to pay child support, even if those parents do not maintain an active presence in the lives of their children. Singer Pistiner, P.C. offers help during these initial child support proceedings, both to parents who want to ensure that their child receives sufficient support and to parents who want to make sure their own finances do not suffer because of an order to pay too much child support.

Whether you are the parent who will be paying or the parent who will be receiving support, it is a good idea to contact child support attorneys in Arizona early on when decisions about support are being made so you can protect your rights. It is important to ensure that the right decision is made about support from the start, because it can be difficult to make modifications to support later on and because not paying support can have serious consequences.

If you are currently paying support and you think that you are being asked to pay more than you should, you should contact Singer Pistiner, P.C. In circumstances where you believe a modification to support is necessary, it is important to act quickly. We will work with you to determine if you are being asked to pay too much and will help you to take steps to try to reduce the support that is due. Give us a call to find out how we can assist you.

Can Child Support Attorneys Help You Reduce Your Child Support?

Child support attorneys at Singer Pistiner, P.C. can help you to determine if it is possible to reduce the amount of support you owe after an initial support order. In Arizona, standard guidelines are used to determine the amount of support which must be paid by a non-custodial parent. The Arizona Department of Economic Security explains how child support is determined and the relevant factors that go into calculating the amount of support that is due.

If the amount of money you are currently paying for support is the appropriate amount of money under the child support guidelines, it may be difficult for you to get support modified even if you believe that you are being asked to pay too much. Arizona believes it is in the best interests of every child to be supported by both parents, and it will not allow parents to waive their child’s right to support so the court may not modify the amount of support you owe even if both parents agree to a lower support payment.

If your circumstances are the same as they were when the initial child support order was entered, then the court may also be reluctant to change your support obligations. After all, if the amount you were ordered to pay was appropriate before and nothing has changed, there would be no reason for the initial support order to be modified.

However, if your circumstances have changed and it has become a hardship to pay the support that is due, then you can petition for a modification. For example, if you are currently earning less money than you were before, it may be appropriate for your support obligations to be adjusted downward. Singer Pistiner, P.C. can help you to determine if you can make an argument to modify support and, if you can, we will help you through the process of getting your support lowered.

Getting Help from Child Support Attorneys

Child support attorneys at Singer Pistiner, P.C. are here to provide the help that you need to reduce the amount of support that you must pay if your support is too high. We also help parents who are receiving support to protect the money they are getting for their children, and we assist with initial custody and support proceedings.

To find out more about the different ways our legal team can assist you with all types of legal matters related to child support, give us a call at 602-264-0440 or contact us online. You can also download our free divorce guide to learn more about how support, custody, and other divorce laws work in the state of Arizona.

Should You Hire a Scottsdale Divorce Lawyer if You Don’t Have Kids?

September 19, 2017 by Robert Shawn Singer

A Scottsdale divorce lawyer advocates for you and represents you as your marriage comes to an end. Many divorces are difficult and contentious because the parents have shared children and both parents want to be able to see their kids as much as possible. Hiring an attorney when custody is going to be decided is vital, because your ability to continue building a relationship with your children will be profoundly affected by the outcome of your divorce proceedings.

However, the question is: what if you do not have kids? Is a divorce easier without children, and do you still each need to have your own lawyer during a divorce when there are no children involved. The reality is, you definitely do need a lawyer even if you don’t have custody issues to decide, because your future and financial security could be impacted in major ways by the outcome of a divorce.

Singer Pistiner, P.C. can help couples in all different kinds of situations to address the issues that matter as their marriage comes to an end. No matter how long you have been married or how many children you do, or do not, have, you need a Scottsdale divorce lawyer to protect your rights during divorce. Our firm is ready to provide the compassionate representation you need, so give us a call today.

Why You Need a Scottsdale Divorce Lawyer Even if You Don’t Have Kids

If you do not have children, you still need a lawyer during divorce because the divorce process involves making decisions on many other issues besides custody.

For example, when you get a divorce, you will need to divide up all property that was acquired during the course of the marriage. This may not be as easy as it sounds. Under Arizona’s community property rules, each of the spouses is entitled to half of all marital assets acquired while the couple was married.

This means that, regardless of who worked or any earning disparities between spouses, couples need to figure out a way to divide up all of the assets that they acquired over the course of the time they were wed. Each spouse is typically able to keep separate property that was brought into the marriage and not co-mingled, so it could also be complicated to determine what property is considered marital property and separate property. An experienced attorney can help with negotiations on the division of property or, if necessary, can represent you in court to argue for a fair division of assets.

Attorneys can also help with some of the more complicated issues associated with the division of marital property. For example, if one spouse is hiding money, a Scottsdale divorce lawyer can assist the other spouse in using a forensic accountant to find missing assets. If there are valuable retirement accounts that the couple should share that cannot be taxed in without incurring a tax penalty, an experienced attorney can provide assistance securing a Qualified Domestic Relations Order (QRDO) to make sure both spouses get their fair share of the pension plan.

In addition to the division of marital property, decisions on support may also need to be made during the divorce process. If you do not have shared children, child support is not going to be a concern. However, alimony or spousal support may still be required. You need an experienced attorney to help you to determine if you are deserving of support under Arizona’s laws and, if you are going to be expected to pay support, you need a lawyer to help you make sure you get a fair deal.

An attorney can also provide assistance with issues that arise in connection with the custody of shared family pets after a divorce, and can help couples to make sure they have a solid plan for dealing with the division of debts during the divorce process.

Getting Help from A Scottsdale Divorce Lawyer

A Scottsdale divorce lawyer at Singer Pistiner, P.C. can offer personalized help with all aspects of your divorce, whether the dissolution of your marriage involves a custody dispute or whether you simply need to make decisions about property and assets. To find out more about the ways in which our legal team assists with the divorce process, download our free divorce guide. When you’re ready to get personalized help from an attorney to protect your rights during your divorce, give us a call at 602-264-0440 or contact us online.

How a Scottsdale Divorce Lawyer Works to Ensure Your Divorce Leaves You Financially Secure

September 14, 2017 by Robert Shawn Singer

A divorce attorney provides divorcing husbands and wives with invaluable advice they need to ensure that their divorce process goes smoothly. When you are dissolving your marriage, decisions are made in the process that can impact every aspect of your future. It is vital that you know your rights and that you do everything possible to ensure that your divorce ends with a settlement that you can live with for the long-term.

There are many key issues that are decided in divorce that affect your life in profound ways. For couples with children, choices made on how parenting time will be shared can affect your child’s upbringing and your relationship with your sons and daughters. For every couple that is divorcing, the decisions made as a marriage comes to an end will also affect your financial security, potentially for a lifetime.

Singer Pistiner, P.C. is here to help you to make sure the important decisions that get made during a divorce are fair to you and help you to move forward. When you want a divorce attorney you can count on with experience in custody cases and with experience helping clients resolve the financial issues in divorce, our team is here for you. You can give us a call to find out about the personalized help we can offer during your divorce, and you can also read on here to learn about a few key ways that a divorce attorney helps you to protect your financial security.

A Divorce Attorney Will Help You Secure a Timely Divorce

The divorce process can cost a substantial amount of money, with the Huffington Post reporting that a divorce costs around $15,000 to $20,000. Paying for the costs associated with divorce can create substantial financial hardship for many couples. Costs can also climb much higher during difficult contested divorces, especially if experts like forensic accountants or child psychologists end up needing to be hired.

You don’t want to lose all your wealth because your divorce costs so much, so you should work with a divorce attorney who can help you to maximize the chances of a quick divorce. Singer Pistiner, P.C. will work with you to negotiate an out-of-court agreement with your ex so you can hopefully have a fast, inexpensive uncontested divorce. We will also help you to find ways to keep costs down if you must litigate divorce issues in family court.

A Divorce Attorney Will Help You Get a Fair Decision on Support and Property Division

Each spouse is entitled to half of marital assets under Arizona’s community property rules. Spouses must divide up marital assets regardless of whether one or both spouses worked during marriage, regardless of who earned more money, and regardless of who purchased which assets. Depending upon your custody arrangement, one parent may also be entitled to child support. Depending upon the financial situation of each spouse, alimony or spousal support may also be ordered.

It is important not to waive your rights to support or assets you are entitled to if you negotiate a divorce settlement. If your divorce is resolved in court, you’ll want to make strong arguments to convince the court to adopt your position on what you believe is a fair division of assets and amount of support.

A Divorce Attorney Will Help You Avoid Becoming Responsible for Your Spouse’s Debt

If debt is in both of your names when you divorce, you could end up with the creditor coming after you, even if the divorce settlement agreement says your spouse must pay the money owed. You should work with an experienced attorney to explore options, such as refinancing debt into the name of the spouse assigned to pay it, so you can avoid potential financial calamity if your ex does not pay.

Getting Help from A Scottsdale Divorce Attorney

You cannot afford to give up your right to a fair divorce settlement. Divorces are expensive and you want to be able to rebuild your life with your fair share of marital property and with any necessary support that you are entitled to by law. Singer Pistiner, P.C. will work hard to help you fight for a fair property division, appropriate spousal and child support, and a settlement that protects you from becoming responsible for debts your spouse incurred. We will also help you to take steps to ensure your divorce goes as quickly and smoothly as possible so you don’t face burdensome divorce costs.

To find out more about the many ways that Singer Pistiner, P.C. can help with your divorce, download our free divorce guide. You can also give us a call at 602-264-0440 or contact us online to talk with a compassionate and experienced attorney about your situation. Give us a call today to get started.

Key Facts About Child Support in Arizona

September 12, 2017 by Jason Pistiner

Scottsdale child support attorneys offer guidance on the rules associated with the support of children. Child support may need to be paid in any situation where parents raise children in separate households. Child support can be owed even if the parents were not ever married, and child support can be owed even in circumstances where only one parent is involved in a child’s life.

Singer Pistiner, P.C. knows the ins-and-outs of child support laws within the state of Arizona. Our legal team will work closely with parents to make sure that their children can be financially supported. We care deeply about the families that we help and we will work hard to help you to make the law work for you.

To find out more about the ways in which we can help you with child support issues, give us a call. You should get Scottsdale child support attorneys involved early on in your case when you are separating, divorcing, or having a child with someone who you do not intend to raise the child with. We can explain the ins-and-outs of how child support works and what the laws mean for you and your kids.

Key Facts to Know About Child Support in Arizona

The Arizona Department of Economic Security is in charge of facilitating the enforcement of child support laws within the state of Arizona. The Department of Economic Security offers child support services, which parents can apply for. Child support in Arizona is owed to every child whose parents are separated or divorced, and if necessary, the court will step in to compel a father to submit to a paternity test so that the father can be made to pay support for a child that is his.

The amount of child support that must be paid will be determined by standard guidelines set by the state. There is a specific formula that is used to determine the amount of support that is due. The formula considers a variety of factors, including the number of children, the arrangement the parents have entered into for custody, the incomes of the parents, financial obligations of the parents, and whether or not the child has any special needs that make the provision of care more costly. Deviating from the guidelines is not allowed unless there is a good reason for the deviation, and a parent who does not see a child and who is not involved in a child’s life is still going to be obligated to pay for support for the child.

Child support cannot be waived in a prenuptial agreement, and it cannot be waived by either parent in a custody arrangement. A parent is generally going to be required to support a child until the child reaches adulthood, outside of special circumstances such as when a parent is able to terminate his or her parental rights.

Child support payments are often taken directly out of the paychecks of the paying parent, before the money is even paid to the parent. If a parent chooses not to pay child support, the state will take various enforcement actions including seizing tax returns and suspending driver’s licenses or professional licenses. A parent who does not pay child support can end up owing back child support, which is generally not dischargeable in bankruptcy. In some cases, nonpayment of child support could even lead to jail time, so parents should be sure that they pay the support that is due and that they petition the court for a modification in appropriate circumstances when they cannot pay.

Getting Help from Scottsdale Child Support Attorneys

Knowing the laws in Arizona that are applicable in child support cases is important so you can understand what to expect if you are a custodial parent or if you must pay support. However, there is no substitute for getting proper legal advice from an experienced attorney. Your financial security and the financial security of your children could be at stake, so contact Scottsdale child support attorneys if you are involved in a custody case and/or if you are involved in a support case.

Singer Pistiner, P.C. has extensive experience handling all different kinds of child support claims, including helping parents to get an initial court order for support in place as well as helping with child support modification. To find out more about the child support services our legal team can provide to you, download our free divorce guide. You can also give us a call at 602-264-0440 or contact us online if you are ready to get personalized help with your child support case.

Can You Give Up Custody to Avoid Paying Child Support?

September 7, 2017 by Robert Shawn Singer

A child support lawyer provides assistance in understanding the laws related to the support of children in Arizona. Under Arizona’s standard guidelines for child support, the amount of support that one parent must pay to another is determined based on factors including the number of children shared by the parents, the income and financial obligations of each parent, and the amount of time each parent spends with the children in his or her care.

Singer Pistiner, P.C. can provide help to parents in understanding how Arizona’s child support rules work. Our legal team offers personalized advice specific to your situation. One question that sometimes arises among parents is whether it is possible to avoid paying support by choosing not to be involved in the child’s life. A child support lawyer at our firm can provide you insight into this question and can help you to address other issues that arise in relation to support.

Can You Avoid Child Support By Giving Up Custody?

Under Arizona’s laws, parents typically cannot avoid their obligation to support their children, even if they give up custody of the kids. Parents who do not choose to have custody or who do not have involvement with the lives of their children will still be expected to pay support and can face legal consequences for a failure to pay as required.

The only time a parent can be absolved of the obligation to pay child support for a child is if the parent’s parental rights are terminated. This can happen, for example, in the case of stepparent adoption when a stepparent wants to adopt a child and the biological parent signs off on relinquishing his or her rights so the stepparent adoption can go through. Parental rights can be terminated in limited other circumstances outside of the context of adoption, but the court will typically not terminate someone’s parental rights just because that person does not wish to pay child support.

It is also important to realize that even if the parents come to an agreement that one parent won’t pay support, this may not be enforceable. For example, if mom wants full custody and dad does not want to pay support, the two parents may try to agree that the the mother will take the children in exchange for giving up her right to support.

The courts and the state of Arizona typically will not allow this type of agreement to go forward, though. In fact, even if the mother does not pursue a claim of child support for herself, the state could still try to make the other parent pay, especially if the child is in need of any kind of pubic benefit.

Parents should also be aware that they cannot waive a child’s right to support in a premarital agreement either. If parents try to enter into a premarital contract in which either parent relinquishes custody rights or relinquishes support rights, these clauses are typically not going to be enforced at the time when the marriage ends.

Regardless of the wishes of the parents, the state believes it is sound public policy and it is in the best interests of the child to be able to receive support from both parents. This is why the state makes it difficult to be absolved of an obligation to pay child support, even if parents would prefer to give up their support obligations in exchange for giving up their custody rights. The standard guidelines will be used to determine support, even over parental objections, unless there is a reason for deviation from these guidelines.

Getting Help from A Child Support Lawyer

A child support lawyer at Singer Pistiner, P.C. will offer the personalized help and support that you need to make smart choices about protecting your children and your financial situation. We can work closely with you to get the support that you need if you are a custodial parent and to make sure that the support you are obligated to pay is reasonable and fair if you are the parent who must provide support.

To find out more about how child support laws work in Arizona, download our free divorce guide. You can also give us a call at 602-264-0440 or contact us online to talk with an attorney at our firm about the help we can provide to you.

Do You Need a Divorce Lawyer for a Collaborative Divorce?

September 5, 2017 by Robert Shawn Singer

A Scottsdale divorce lawyer will provide you with help during the process of dissolving your marriage. During many divorces, couples will turn to a family court judge to make decisions on the key issues in the divorce, such as division of property and child custody. Some couples, however, opt for an alternative approach. Instead of litigating the divorce issues, which is inherently adversarial and which results in winners and losers, couples will decide they want to pursue a collaborative divorce instead.

If you have chosen a collaborative divorce and don’t plan to fight out the issues in court, you may be wondering whether you even still need a Scottsdale divorce lawyer. After all, the ideal is for you to work together and stay out of court, so you may be uncertain about how a lawyer will fit into this process.

The reality, however, is that even if you have decided on a collaborative divorce, it is still a smart choice to get legal help. You should look for an attorney with experience in collaborative divorces so you can maximize the chances that your collaboration will be successful and so you can make certain that your rights are protected during the entire divorce process and beyond. Singer Pistiner, P.C. is here to help, so give us a call at any time to find out about the assistance our firm can provide with your collaborative divorce.

Why You Still Need a Lawyer for a Collaborative Divorce

One key reason why you should hire an attorney if you are hoping to cooperate with your ex during the divorce process: a Scottsdale divorce lawyer at Singer Pistiner, P.C. can help you to maximize the chances that your collaborative divorce is successful. It may seem counterintuitive, but having an attorney representing you can actually increase the chances that you and your ex will come to an agreement.

Having a lawyer helps you reach compromise for a number of different reasons. One big way attorneys can help you is by assisting you in understanding what Arizona’s laws actually entitle you to. An attorney can explain Arizona’s community property rules, which are the rules a judge would use to decide on a fair division of property. An attorney can also explain the factors used to determine child support and spousal support, and can help you to understand Arizona’s rules for sharing parenting time when you have children and are getting divorced.

With an understanding of what you should be entitled to under the law, you will have far more reasonable expectations going into the divorce negotiation process. Neither spouse is as likely to argue for an unfair and unreasonable division of custody or property if both spouses understand what the likely outcomes would be if the divorce was decided in court. Understanding Arizona’s laws also means you are not going to end up coerced into agreeing to a divorce settlement that is not protective of your rights and that is unfair to you.

An attorney also helps maximize the chances of a successful collaborative divorce by negotiating on your behalf during the divorce process. Since you and your spouse are divorcing, it is likely that you have not been getting along perfectly. You also both likely have emotional issues surrounding your relationship and divorce. This can make it hard to negotiate objectively and to not allow emotions to rule your decisions.

Attempts to punish a spouse through the divorce process or even emotional arguments of any type could reduce the chances a collaborative divorce will be successful. But, if you both have attorneys negotiating for you, it is easier to keep emotions out of the process, to avoid escalating conflicts, and to make choices based on what is rationally best for you.

Getting Help from A Scottsdale Divorce Lawyer

Singer Pistiner, P.C. has worked with many couples to go through the collaborative divorce process. Our legal team has strong negotiating skills and is prepared and ready to help you maximize the chances of successfully agreeing on key decisions in your divorce outside of the courtroom. By working with an attorney throughout a collaborative divorce, you should hopefully be able to quickly reach a compromise that is fair and amenable to both you and your ex.

To find out more about the ways in which a Scottsdale divorce lawyer at our firm can help you through your collaborative divorce, download our free divorce guide. You can also give us a call at 602-264-0440 or contact us online if you are ready to begin the process of getting personalized help with ending your marriage.

How to Protect Your Kids During a Divorce

August 31, 2017 by Jason Pistiner

A Scottsdale child custody attorney provides representation to parents who are ending a marriage or who are ending a relationship and who want to make certain that their children are protected and are able to maintain a stable home life. During the divorce process, the primary concern for most parents is making certain that the divorce does not have a big adverse impact on their children.

Divorce can actually be better for kids in many circumstances than continuing to live with parents who fight and who are unhappy, but parents do need to handle the divorce process the right way to make sure that the end of a marriage is not a big upset for children.

Singer Pistiner, P.C. has provided assistance with the divorce and custody process to parents of children of all ages. We represent both married and unmarried parents who are separating and we help with negotiations on child custody, with working with a mediator to come to a custody agreement, and with litigating custody issues in court. When you need a Scottsdale child custody attorney who can provide the help and advice necessary to maximize the chances that the divorce process will go smoothly for your kids, give us a call.

How to Protect Your Kids During a Divorce

There are a number of different things that you can do to try to make the divorce easy on your children and to protect your kids from a traumatic experience during your divorce. Some of the things that you should consider doing include:

Working collaboratively with your ex. Arizona no longer uses the terms physical and legal custody, and as this Arizona State Senate Issue Brief explains, it instead focuses on parenting time and legal decision making authority. Try to negotiate with your ex on how to share time with your kids and who will make decisions. If you can come to an agreement and avoid fighting in court, this would be better for everyone.
Focus on your child’s best interests. You don’t want to use a custody dispute to try to get back at your ex and you don’t want to put your own desire to have your children with you all the time ahead of your child’s need to have a relationship with both parents. Try to create a parenting plan that will actually work best for your family and that will provide your children with the most security and stability possible.
Avoid badmouthing your ex or putting your child in the middle. You don’t want to ask your kids to relay messages back and forth between you and your ex and you don’t want to criticize the parenting style or behavior of your ex (unless there is something really wrong). You want to make certain that you are doing everything possible to still present a united front for your children and to find ways to co-parent that will make your kids feel comfortable with the situation. Making them choose between their parents is one of the worst things you could do and this should be avoided at all costs.

Singer Pistiner, P.C. can help you to maximize the chances of agreeing on a parenting plan through out-of-court negotiations. We are also ready to fight for you in court if necessary to make sure you get a custody arrangement that is right for you and your children.

Getting Help from A Scottsdale Child Custody Attorney

Your relationship with your kids and your children’s mental well being are two very important things. The decisions made during a custody case can affect both. You don’t want to do anything that is going to cause unnecessary upset to your children and you also want to take all reasonable steps to protect your relationship with your kids. Singer Pistiner, P.C. is here to provide the help and support you need to make the best decisions for yourself and your children throughout the entirety of your custody case.

To find out more about the rules for child custody and about the ways in which our legal team can help with custody issues, download our free divorce guide. If you are involved in a custody case or are thinking about separating from your child’s other parent and you want help knowing what to expect, you can also reach out to us for assistance at any time. Give us a call at 602-264-0440 or contact us online today to talk with a Scottsdale child custody attorney at our firm and to find out how we can advocate for you and your kids.

How do You Know if You Have a Good Divorce Attorney?

August 29, 2017 by Jason Pistiner

A divorce attorney is your strongest advocate during the process of dissolving your marriage. Having a good attorney can make a big difference in how well your divorce process goes and in how protective your divorce settlement is of your legal interests. You want to make sure that your divorce attorney is skilled, professional and experienced so you can maximize the chances of getting the best possible outcome in your divorce – but how can you know if your attorney is a good one or not?

Singer Pistiner, P.C. is a trusted divorce law firm in Scottsdale, Arizona. Clients have turned to us for help because of our strong reputation for providing dedicated and knowledgeable advocacy during the divorce process.

When you know what to look for in hiring a divorce attorney, it becomes clear why we are the firm that you should trust to handle your divorce. Give us a call today to find out about the services we can provide to you and the ways in which we can help you to move on from the end of your marriage as quickly as possible with a divorce settlement that gives you a secure future.

How Can You Tell if You Have a Good Divorce Attorney?

If you are not certain whether to hire a particular divorce lawyer or if you are not sure if your divorce attorney is doing a good job or not, there are a few key signs that you can look for. To determine if you have a good divorce attorney, you should consider:

Whether your lawyer has experience with both mediation and litigation: Resolving divorce issues outside of court can be better for everyone, but you’ll need a lawyer who knows how to negotiate on the issues and how to help you work with a mediator. You can either try to work with your attorneys to come to a consensus on your own or bring in a third party mediator to help. Singer Pistiner, P.C. has experience with both types of divorces. We are also prepared and ready to go to court if necessary to fight for your rights.
Whether your lawyer listens to you: You need a lawyer who understands your goals for divorce and who works to make those goals happen. You may be primarily concerned with keeping the family house and willing to give up other possessions, for example. Your attorney needs to know what matters most so your lawyer can fight on your behalf to get the outcome that you are hoping for.
Whether your lawyer focuses on family law: You want to make absolutely certain that your lawyer’s professional focus is on providing family law services. There are many different legal areas that an attorney can work within and you want a lawyer who has devoted his or her career to helping with divorces, child custody proceedings and other types of family law issues that could arise in your case.
Whether your lawyer communicates well with you: Your lawyer should take the time to explain things in language that you understand. Your lawyer should also be ready to answer questions when you have them and to communicate with you about what is going on with your divorce proceedings. Your financial life and relationship with your children are at stake in a divorce and you need to know what is going on during the process of dissolving your marriage.

When you evaluate Singer Pistiner, P.C. on these different criteria, you will find that our legal firm has the compassion, knowledge and skills that you need to make the divorce process go as smoothly as possible.

Getting Help from A Divorce Attorney

Singer Pistiner, P.C. understands that the divorce process can be a difficult and painful process. You want to ensure that you have done everything possible to end your marriage in a way that protects your future, including your relationship with your children and your financial security. We are here and ready to help. Give us a call today to find out more about how a Scottsdale divorce attorney can help you and to learn why we are the firm that you should trust when you are ending your marriage.

You can find out about the divorce process and the services that we provide by downloading our free divorce guide. You can also give us a call at 602-264-0440 or contact us online to talk with a divorce lawyer who can provide personalized advice on your situation. Call today to get an advocate on your side during your divorce.

Supreme Court Sends Divorce Settlement Case Back to Arizona

August 24, 2017 by Jason Pistiner

A Scottsdale divorce lawyer can help you to understand the laws applicable to your divorce. Many of the laws that affect your rights when your marriage ends are found in state codes, and these laws are codified into statutes that establish rules like how property is shared or what judges should consider when making custody decisions.

Sometimes, state laws need interpretation because their meaning is not clear or because there are questions about whether the laws are permitted under the state or federal constitution. When laws need interpretation, the case that the conflict or confusion arises from can end up moving to a higher court. For example, if one spouse is unhappy with a divorce settlement and believes the law was misapplied in the settlement decision, that spouse can sue and a higher court will consider the legal issues addressed in the lower court.

If there was a problem with the decision a lower court made, or if the lower court didn’t interpret the law correctly according to the higher court, the case could get sent back to the lower court with instructions or the appeals court could simply dismiss the case. In some cases, the decision made by the higher court will also be appealed.

Depending upon the legal issues that exist in the case, the case could go all the way to the State Supreme Court or to the United States Supreme Court. When a case is being appealed, it is vital for those who are involved in the case to be represented by an experienced Scottsdale divorce lawyer who can make convincing arguments about how the law should be applied. Singer Pistiner, P.C. provides representation to all clients involved in legal proceedings who need help with complex issues that arise during the divorce process.

Singer Pistiner, P.C. also keeps you updated on any court cases that could affect your rights during the divorce process. Just recently, for example, Cronkite News reported on two divorce cases that made their way to the U.S. Supreme Court but which were sent back to the high court in Arizona to reconsider.

Supreme Court Sends Divorce Cases Back to Arizona

According to Cronkite News, the two cases that the Supreme Court sent back to the state of Arizona to consider both related to divorce issues that arose when a retired member of the military divorced from his wife. The Supreme Court told the Arizona court to reconsider the Arizona court’s ruling in a divorce proceeding in which a veteran was ordered to compensate his ex-wife after the veteran had converted a part of his pension benefits to disability benefits.

Congress put disability benefits for veterans off limits in divorce settlements, which means that a spouse who divorces a disabled member of the military who is receiving military benefits is not able to obtain a portion of those benefits. Wives do get to share a part of their military spouse’s pension under the Uniformed Services Former Spouses’ Protection Act of 1982. However, the law indicates that a veterans’ disability benefits cannot be part of a divorce settlement and the Supreme Court upheld this law in a 1989 case that is commonly referred to as Mansell.

The two cases which came before the Arizona Supreme Court raised some complex issues because both of the military men gave up part of their pension in exchange for tax-free disability payments related to military service, which resulted in the income of their ex-wive’s being reduced. The Arizona Courts said the husbands had to compensate their wives for the fact they lost out on income when the pension benefits were converted but the U.S. Supreme Court said states did not have the power to make the husbands do that since the law passed by the federal government specifically stipulated that disability benefits were off limits.

Getting Help from A Scottsdale Divorce Lawyer

If you are ending your marriage, Singer Pistiner, P.C. is here to help you understand the law and to help you make the law work for you. We know the Arizona rules inside-and-out and can provide invaluable help and advice with all legal issues that arise as you end your marriage or address other family law issues.

Give us a call at 602-264-0440 or contact us online today to find out more about the ways in which a Scottsdale divorce lawyer at our firm can help you. You can also download our free divorce guide to find out more about the divorce rules in the state of Arizona.

What Happens if You Can’t Pay Child Support?

August 22, 2017 by Robert Shawn Singer

If you cannot pay the amount of child support that is due, it is vital that you talk with a child support lawyer as soon as possible. You are legally obligated to pay the amount of support that you have been ordered to pay when you divorced or separated. If you cannot fulfill your obligations, you need to get a modification of support as quickly as possible. Singer Pistiner, P.C. can help.

A child support lawyer at Singer Pistiner, P.C. can assist you in determining if your inability to pay child support could justify a modification of your existing support order to reduce the amount of payments that are due or even to relieve you of an obligation to pay altogether if you simply do not have the available money to cover the costs of support.

Singer Pistiner, P.C. has extensive experience helping clients with child support issues, including child support modification due to insufficient funds, and we can put our strong legal knowledge to work to help you. Give us a call today to find out how an attorney at our firm can assist you in protecting your financial security if you cannot afford to pay the child support that has been ordered.

What if You Cannot Pay Child Support?

Arizona child support services are handled by the Arizona Department of Child Security. The Arizona Department of Child Security takes a number of actions to help make sure that custodial parents are provided with appropriate support for their kids.

For example, parents who are expected to pay child support will typically have the money automatically withdrawn by their employer from their paycheck and sent to pay support. The money will be taken out of the paying parent’s wages even before the paying parent receives the paycheck so it is not optional to pay. The employer of the parent expected to pay support will receive documentation indicating that the amount of support due should be withheld from wages. If the money is being taken out of your paycheck and you are experiencing financial hardship because of it, your only real option will be to go to court and try to convince the court to modify the support that you owe.

While having money directly withdrawn from a paycheck is one key way that the state of Arizona makes sure parents are paying support, it is not the only enforcement tool. The Arizona Department of Economic Security keeps a “wanted” list of child support evaders on its website. Nonpayment of child support could also have serious legal consequences, including the potential loss of a professional license or even the possibility of jail time. A tax return and lottery winnings could be taken, as could other funds that the state is able to seize to try to recoup unpaid child support.

Unpaid child support cannot be discharged in bankruptcy proceedings in most circumstances, so you are essentially going to be required to pay this support no matter what happens– if you owe the money, you must pay it. This is why it is so important to reach out to a child support lawyer as soon as you realize that paying support is going to be difficult.

When you reach out to an experienced attorney, your child support lawyer can help you to determine if any change in your circumstances (like a decline in income or a new dependent) could potentially lead to your support obligation being reduced. If there are legal grounds to modify your support downward, an attorney can help you to go through the process of requesting that your support order be changed.

Getting Help from A Child Support Lawyer

Singer Pistiner, P.C. has provided assistance to many parents who are expected to pay child support but who are finding that the payments they are supposed to make are out-of-reach. We can work with the parents who owe substantial sums of money in child support to determine what options they have for settling their legal issues. We can also help you to make sure you don’t end up becoming one of those parents with a big outstanding support debt. If you act quickly when your circumstances have changed and support has become unaffordable, hopefully you will easily be able to get your support order modified so you don’t end up broke.

To find out more about how Singer Pistiner, P.C. can help with child support modification and other legal issues related to child custody or support, download our free divorce guide. You can also give us a call at 602-264-0440 or contact us online at any time to talk with an experienced member of our legal team.

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