Arizona Family Law Issues & Cohabitating Co-Parents

The cost to buy a home or rent an apartment has shot up throughout Arizona in recent years. When two parents want to break up and separate households, it has become more difficult than ever thanks to inflation. This leaves many opposing parties in family law matters, such as divorce, custody, and child support, forced to continue living together while the matter is resolved. This can create unique questions and concerns that might not be relevant if the parents immediately separate into two households. The circumstances surrounding every family law situation are different, which means that they require different legal strategies. When family law matters seem overwhelming and confusing, a skilled divorce attorney can help simplify the process. Our family law team offers unparalleled legal services for family law clients in Phoenix and Tucson. To discuss your situation in detail with your free consultation, call 480-470-1504.

Family Law Issues discussed at My AZ Lawyers office with scales of justice and gavel

Child Support Modifications

If you are living with your ex while a family law matter is pending, chances are that you don’t intend for the situation to be permanent. If the orders in place aren’t temporary, they will need to be modified when the parents’ situation changes. More often, it will be the parents moving out of a shared household into individual households rather than the other way around. Separating households can have a significant effect on how much child support should be paid. Because child support can only be modified moving forward, the parent may want to request a modification as soon as possible after the lifestyle change occurs. However, child support modifications in Arizona can only be granted once every 12 months. If the parent expects another lifestyle change, it may be beneficial to wait until their situation has stabilized before petitioning the court to modify child support payments. If you are unclear on which course of action to take, you can discuss your situation free of charge with an experienced member of our Arizona family law team. To schedule your free consultation today, call 480-470-1504.

In order for a family law judge to grant a child support modification in Arizona, there must have been a significant and continuing change in circumstances as compared to when the orders were first issued. For child support purposes, “significant” means a financial change of about 10% or more. For example, a parent paying child support may have been let go from their job and had to take a lower-paying job. The parent should modify their child support payments to reflect their reduction in income. But if a parent has to miss a few weeks of work for a vacation or medical procedure, this would only be a temporary reduction in income that is likely insufficient for a child support modification. If you have more questions about child support modifications in Phoenix and Tucson, don’t hesitate to contact our Arizona family law firm for your free consultation at 480-470-1504.

Do I Have To Pay Child Support If We Still Live Together?

Parents have a legal obligation to financially provide for their children. This obligation doesn’t end just because two parents end their romantic relationship. But if two parents continue living together despite breaking up, their share of financial responsibilities for their children in common probably won’t change much. Here, the court usually doesn’t find it necessary for court-ordered child support to be in place. However, if one parent decides to stop their financial contributions due to the breakup, the other parent can make a request for child support with the court. Child support may also be necessary if the parents began living together after one parent was awarded government assistance to care for the child, such as TANF, or Temporary Assistance for Needy Families. If you are being pursued for child support despite still living with your child’s other parent, you probably need family law representation. To schedule your free consultation with My AZ Lawyers today, call 480-470-1504.

Cohabitation During Divorce & The Marital Home

Whether it’s to save money or to ease the family transition into separate households, many spouses continue to live together during and after getting divorced. But this can be a challenging lifestyle to keep up in the long term. Moving is a hassle, and so is adjusting to living in a new home and neighborhood. Therefore, which parent gets to remain in the marital home can be a contentious issue in cases like these. There are a few factors that can impact a judge’s decision when two spouses can’t agree on who should get to stay in the marital home.

A marital home may not necessarily be a community property asset, or entirely a community property asset. If one spouse made the down payment and some of the mortgage payments before marriage, a portion of the home equity would be that spouse’s separate property. Additionally, if the home was acquired through inheritance or a gift, the home could be that spouse’s separate property. So, for example, the spouse with a separate property share might own 75% of the house with their spouse owning the other 25% of the house. Here, the judge would likely rule that the spouse with the 75% share gets to remain in the home.

Another factor that can impact the ruling on a marital home is if the couple has minor children. Arizona family law judges have an interest in preserving a child’s way of life, which can include the home in which they live. If one parent is considered the primary caregiver for the children, this can give the judge cause to keep that parent in the marital home. But there need to be enough marital assets to give to the other spouse for this to be an acceptable outcome under Arizona’s community property laws. If available, that spouse can be awarded a larger share of assets like bank accounts, investments and retirement savings, vehicles, and more. One spouse being awarded the marital home can be considered as a factor for spousal support issues. Otherwise, the home may need to be sold to achieve a fair division of marital assets. Do you want to learn more about community property and how it will apply to your Arizona divorce case? Our Arizona family law lawyers offer skilled representation and free consultations by phone. Call 480-470-1504 to get started today.

Skilled Family Law Attorneys For Contested & Uncontested Divorces In Arizona

No one wants to end up in family law court, but sometimes it is an inevitable fact of life. Retaining a high-quality family law firm to handle your legal matter is the best way to prepare for all the unexpected issues that could arise throughout your case. Our attorneys are dedicated to achieving favorable outcomes for our clients, no matter their circumstances. When you’re involved in a family law matter, just about every aspect of your life is at stake. Trust your case with experienced professionals with the knowledge to take your case from start to finish. When you’re ready to get started with your free consultation, call 480-470-1504 to speak with one of our Phoenix and Tucson family law lawyers. Contact us at My Az Lawyers today!

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