Tucson Family Law Attorney — MDM Law

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Family Law

Divorce

Divorce, and its aftermath, can be extremely difficult for parting spouses and their children. In addition to the emotional wounds, there are serious and practical considerations regarding how you will divide your assets, when you will see your children, how they will be supported and many other issues. When a relationship ends with a divorce, it is best to seek the assistance of an experienced family law attorney who can handle important matters for you.

Michael can help you get sole or joint legal decision making authority regarding your child, primary parenting time, establish paternity or even work to terminate parental rights in certain circumstances.

Michael assists parents with their child support and spousal support concerns. If you need to know how much child support or spousal maintenance you might have to pay, or how much you could receive, contact Michael for a free consultation. He will advocate for payments that work for you.

In the wake of a divorce, many people worry about what will happen to their personal assets and their business interests. Michael relies on his experience as an investigator to evaluate your assets and determine which items are rightfully yours. He will also look for evidence of improper expenditures, hidden assets and other means the other side may be using to cheat you.

As your lawyer, Michael can help you acquire a child custody modification based on changing circumstances. He can also represent you in an enforcement action if the other side fails in its duty to comply with the requirements of your custody arrangement.

Michael urges his clients to settle their differences through negotiation, when possible. Negotiating usually costs less, takes less time and is less emotionally draining than a court battle over assets or children. As your attorney, Michael will negotiate effectively for your interests. However, if circumstances prevent negotiations, he will aggressively pursue a court strategy designed to get you what you want on your own terms. Michael’s goal for every client is to help him or her get to a better place, both financially and personally.

To schedule a free telephone consultation with Michael D. Miller, call 520-327-3801 or email him at Michael@mdmlaw.net.

Michael has helped many individuals get the answers they need to important family questions about child custody, parenting time, visitation disputes, legal decision making authority, child support, modification of child support and termination of child support.

If you and your former spouse cannot agree on a parenting plan, a Judge will need to determine what is in the best interest of your child. In most cases, the best interests of children are served by granting parenting time to both parents.

Courts consider several elements when determining child parenting time arrangements:

• Evidence of the child’s paternity (who is the father)
• Quality of the parent-child relationship
• Stability of the home
• Each parent’s income and assets
• Each parent’s mental health and moral fitness
• Each parent’s ability to meet the child’s emotional needs
• History of child abuse or neglect
• History of drug or alcohol dependency
• Evidence of spousal abuse
• The child’s wishes
• Each parent’s place of residence

As your attorney, Michael will scour the evidence to prove or disprove any claims your former spouse may make regarding any of these factors. If your spouse was abusive, drug addicted or neglectful of your child, Michael will use evidence to prove this to the court. On the other hand, if you have lost or are in danger of losing parenting time due to a personal failing or an addiction, Michael can use evidence of your rehabilitation, such as completion of a treatment program, to increase or restore you parenting time.

Courts intend for children to have close relationships with both parents when possible. If one parent moves far away, it can complicate earlier child custody arrangements. As your attorney, Michael can assist you in petitioning a court for a modification requiring:

• Money to pay your child’s travel expenses
• Longer visits with your child
• Scheduled telephone calls
• Scheduled video sessions using Skype

Michael can help you change arrangements not only if you move, but also if your ex-spouse moves and wants to take the child with him or her.

Child support payments are established in Arizona according to the needs of the child and the abilities of the parents to provide. Although child support is determined according to strict guidelines, payments depend largely on each parent’s individual assets and the amount of time each parent spends with the child.

The following are some of the factors that play a role in child support payments:

• Each parent’s income
• Time each parent spends with the child
• Health insurance and medical costs
• Child day care costs
• Educational expenses

If a parent’s economic or personal circumstances change significantly, it is possible for that parent to seek a child support modification. For such a change to occur, both parents must agree to change the support amount or the Court must enter a judgment.

Child support payments can be modified when:

• A parent’s earnings significantly rise or fall
• A parent’s capacity to earn money significantly increases or decreases
• Significant changes to the parenting time arrangement are made
• Changes in the child’s needs occur
• Severe injury or disability of a parent

A parent’s obligation to pay child support may be terminated when:

• The child turns 18 and the child has graduated from high school
• If the other parent remarries and his/her new spouse agrees to adopt the child
• If it can be proved the parent paying child support is not actually related to the child
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