Phoenix Arizona Family Law Blog

Child support payments in Arizona can be significantly lower than those right across the border in New Mexico, according to one study. Custody X Change, a smartphone app marketed to single and divorced parents to manage child custody and visitation schedules, used hypothetical data for a family in all 50 states to measure the differences in child support payments. Under federal law, each state is free to set its own child support guidelines, and the differences can be striking. In order to obtain clear results, they used the same family structure and income from both parents in all 50 states.

In Arizona, child support payments are among the nation's lowest, ranging from $400 to $528 monthly on average. However, New Mexico's payments are in the second-highest tier, with an average of $735 to $880 monthly for the same families with the same income and number of children. Cost of living is one important factor, but it is not always clear. For example, the New England states have the highest support payments in the country, with the exception of Vermont, one of the nation's lowest. Other expensive states like New Jersey and Virginia also have relatively low assessments.

Small business owners in Arizona who get a divorce may face a number of complex financial issues. The business may be the biggest asset the couple has. In some small businesses, it can be difficult to separate business and personal expenses, but this is necessary in order to get a value for the company for the purposes of property division. It is also necessary for determining child and spousal support.

Valuating a small business can be a complicated process. The business owner might be able to claim that some of the reported income was not a salary but a return on capital. This could increase the company's value for purposes of property division and reduce what the person may owe in child and spousal support. It may be best to work with a financial professional in determining the best approach. A professional appraiser will also be needed to valuate the company. With this value determined, the other spouse may be bought out with a lump sum payment or with the use of a promissory note.

If one person in Arizona hopes to keep the home in a divorce, that person should treat the process with the same diligence that would be used in purchasing a new home. Emotional reasons, especially if there are children, often influence this decision, but it is important to make sure it is a good financial move.

First, it is necessary to get a sense of what the home is worth. While an appraiser can do this, it may be an expensive process. Quicker and less costly alternatives are a broker price opinion or a comparative market analysis. Since Arizona is a community property state, in most cases, each spouse will own 50% of the equity. If a person has more than this on hand, it might be possible to reduce the mortgage. However, the mortgage may be bigger if the person has to use cash from the home for the buyout.

Arizona divorces come in all shapes and sizes. Some marriages fail in the early years, some do not survive after several decades of union. While the ultimate reason why divorce proceedings are initiated may be as unique as the couple involved, at some point, the conclusion is reached that the two are better off apart than together. The dynamics of how the two handle this life-changing decision is severely tested when children are part of the equation. They are the most vulnerable and need the most protection.

When family court judges make decisions regarding child custody and child support, the overriding standard is what is in the best interests of the child. Parents naturally want that for their children, but too often in an acrimonious and contentious divorce, they lose their way. Children should never be used as pawns to get back or gain some advantage over the other parent. Importantly, child psychologists emphasize that the worst thing for the kids is not divorce, but conflict.