What is the Difference between a Simplified Modification and other Modifications?

Answer:

Simplified Modifications are used only for child support modifications in Arizona. The Arizona family court's Simplified Modification forms are used exclusively for this legal proceeding, whereas when a modification of child custody, spousal maintenance or other family law issue, you may either use a court-approved form or prepare your own legal pleading. You cannot modify anything other than child support using the Simplified Modification.

The Simplified Modification is called "simplified" because if the other party does not object after service of process, the requested child support modification is approved by the Arizona family court and becomes the new court-ordered child support amount. No hearing is necessary. The Simplified Modification can be used to modify an Arizona child support amount up or down.

Keep in mind that if the non-filing party objects to the requested change in the Simplified Modification packet, the court will set a hearing before the assigned family court judge to determine the merits of the requested child support change.

Wilcox & Wilcox, P.C.
Trent Wilcox
For the Firm

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555
Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880
Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Disclaimer: Providing the above information does not establish an
attorney-client relationship. To create such a relationship, both the
attorney and potential client must sign a written fee agreement. The
information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota.

Do the Arizona Child Support Guidelines Use Net or Gross Income? Why?

Answer: The Arizona Child Support Guidelines use gross income. It allows the least amount of tinkering with income and simplifies the determination of actual income. Many clients tell me that it is not fair to use gross incomes in determining child support but the result would be the same for gross and net anyway. Why? Because the Arizona Family Courts are seeking an amount of child support to provide for children in a given manner. If the Arizona Family Court used net incomes instead of gross incomes in child support calculations, they just have to up the percentage to get the target amount.

Keep in mind that under the income shares child support model and Arizona public policy generally, the amount of child support is determined not by just a simple percentage of income as many states used to do and some still do, but rather by taking sociologicial, economic and legal data and trying to determine what the average family spends on a child at each income level. In other words, how much do people bringing in $5000 per month spend on each child, how much do parents bringing in $20,000 per month spend on their child, etc., etc. It seems probable, and the data bears it out, that parents with higher combined incomes spend more money on their children than parents with lower incomes and the Arizona Child Support Guidelines are in large part based on this presumption. See my posts below for other Arizona child support information.

Wilcox & Wilcox, P.C.
Trent Wilcox
For the Firm

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555
Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880
Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota.

How Do Living Expenses of the Parties Factor into Child Support Calculations?

Answer: Under Arizona family law, day-to-day living expenses really do not factor in at all in the Arizona family court's calculations. In other words, the Arizona Child Support Guidelines and Arizona Family Court system do not take into account whether a party to a divorce or paternity case has a high car or house payment, lives in an upscale neighborhood, likes to take his/her child to Vail on vacations or carries a great amount of debt. While the Arizona Family Court ignores those sorts of things, it will take into account certain specific categories of expenses such as health insurance, childcare expenses, extraordinary child-based expenses, certain education expenses and a 10% adjustment for children age 12 or older. In addition, court-ordered spousal maintenance, court-ordered child support and an adjustment for supporting other natural/adopted children are considered in determining each parent's income. Finally, the amount of time actually spent and/or ordered factors into Arizona child support calculations in a big way.

Wilcox & Wilcox, P.C.
Trent Wilcox
For the Firm

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555
Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880
Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Disclaimer: Providing the above information does not establish an
attorney-client relationship. To create such a relationship, both the
attorney and potential client must sign a written fee agreement. The
information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota.

May Minors Marry in Arizona?

Answer: Under certain circumstances, as dictated by Arizona law. Specifically, the relevant statute states as follows:

A.R.S. §25-102. Consent Required for Marriage of Minors.

A. Persons under eighteen years of age shall not marry without the consent of the parent or guardian having custody of such person. Persons under sixteen years of age shall not marry without the consent of the parent or guardian having custody of that person and the approval of any superior court judge in the state. When both parents are living the consent of either parent is sufficient. When the parents are living apart, the consent shall be given by the parent who has the custody of the minor.

B. Before authorizing the marriage of a person who is under sixteen years of age, the court: 1. Shall require both parties to the marriage to complete premarital counseling. The court may waive this requirement if the court determines that premarital counseling is not reasonably available. 2. Must find that the minor is entering into the marriage voluntarily. 3. Must find that the marriage is in the best interests of the minor under the circumstances. 4. May require that the minor continue to attend school. 5. May require any other condition that the court determines is reasonable under the circumstances.

C. A marriage shall not take place under this section if it is prohibited by the law relating to prohibited and void marriages.

Wilcox & Wilcox, P.C.
Trent Wilcox
For the Firm

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555
Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880
Fx: 602-631-4004

Visit our website: http://www.wilcoxlegal.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota.

Common Law Marriages

Common law marriages are those that occur in an unofficial manner but that may be recognized in certain situations and places. Common law marriages can occur only in certain U.S. states. There are likely other countries outside the U.S. that have common law marriages, too. Arizona has a specific statute relating to common law marriages:

Arizona Revised Statute §25-111 states as follows:

A. A marriage shall not be contracted by agreement without a marriage ceremony.
B. A marriage contracted within this state is not valid unless all of the following occur:
1. A license is issued as provided in this title.
2. The marriage is solemnized by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized.
3. The marriage is solemnized before the expiration of the marriage license.
C. The requirements of this section do not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage that complies with the requirements of section 25-902.

As you will note above, the statute states that for a marriage entered into in Arizona, certain requirements must be met. Specifically, Arizona requires a ceremony, license and an authorized person to conduct the ceremony (or at least believed to be authorized). Thus, you cannot marry via the common law method in Arizona. However, if a couple was legally married under the common law in another state, Arizona will recognize that marriage.

Typical, but probably not universal, requirements for common law marriages in those U.S. states that recognize them may include:

1. The couple must hold selves out as married.
2. Continuous cohabitation by the couple.
3. The couple must meet all other requirements to marry in that state, for example:
a) No same sex marriages (a subject getting a lot of attention of late).
b) Age requirements must be met.
c) Neither party can be married to someone else.
d) No violations of a state's specific laws, such as those in Arizona Revised Statute §25-101.

To summarize:

1. No common law marriages can occur in Arizona.
2. If a person has a common law marriage in another state, Arizona may recognize it.
3. Evaluating the legitimacy of a purported common law marriage means looking at the law of the jurisdiction where the marriage occurred.

Wilcox & Wilcox, P.C.
Trent Wilcox
For the Firm

Phoenix office:
3030 N. Central Ave., Ste. 705
Phoenix, Arizona 85012
Ph: 602-631-9555
Fx: 602-631-4004

Goodyear office:
1616 N. Litchfield Rd., Ste. 240
Goodyear, Arizona 85338
Ph: 623-344-7880
Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Disclaimer: Providing the above information does not establish an
attorney-client relationship. To create such a relationship, both the
attorney and potential client must sign a written fee agreement. The
information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota.