Phoenix Arizona Family Law Blog

Arizona parents who are separated or divorced know that co-parenting after a split has many challenges. However, to make co-parenting work, both parents must be ready to cooperate and keep the focus on the best interest of the children.

Negotiating life after child custody has been established is not always the easiest thing as parents need to respect the parenting schedule agreed to during the divorce while at the same time beginning new lives. Emotions can also get in the way, particularly if the split between the parents came after a betrayal such as adultery. However, there are ways the parents can work together to make parenting after the divorce successful and still provide the kids with a warm, loving, balanced life with both parents actively involved.

Arizona residents who are considering getting a divorce should be aware that the new tax laws could impact the financial outcome of a separation. Couples should consider certain factors before deciding whether it would be prudent to obtain a divorce in 2018 or wait until the next year.

One significant change that will occur with the new tax law is how alimony will be treated. For years, individuals who have had to pay alimony could deduct the amount from their taxable income, and individuals who received alimony have been required to include it as part of their taxable income. Beginning with new divorces in 2019, the payor will not be able to deduct the alimony they pay, and the recipients will not have to include it in their taxable income. This change is likely to result in some spouses receiving less alimony.

Arizona parents who either receive or pay child support know that these funds are often crucial for covering the costs of raising a child. However, even when a noncustodial parent is well-meaning and consistent with their payments, a sudden disability can make it challenging to keep up with the payments.

When such situations arise, parents might wonder what can be done to continue with payments without falling behind. Since disability often means a reduction in income, parents who pay child support might request a modification of the court-ordered amount. When a parent does this, the court reviews the case to see if the modification should be granted. During this process, the court considers if the disability is temporary or permanent. In addition, the court looks at sources of income, including disability insurance and any additional money the payer might be receiving. Once this is done, the court decides on the modification and how long it will be in effect. If a court grants a temporary modification with the estimated time of a temporary disability, and the disability continues past that time, the disabled parent might seek additional modifications.

When couples in Arizona decide that they want to get divorced, it is important for them to take proactive steps to make the process less painful. With careful planning, spouses might be able to reduce the financial and emotional costs that divorce can bring.

People who are thinking about filing for divorce should begin by carefully thinking about what they want, what they need and what they are willing to give up. They could even list everything in three columns on a sheet of paper with each category titled. In addition to thinking about their own goals, they should think about the items that their spouses will likely want, need and be willing to give up. This might help them when they are engaging in negotiations.