The Phoenix Family Law News Blog

Graduation Means Time to Modify Your Support Order

2013-05-14T18:49:01Z

With tassels on the left and kleenex to the right, high school graduations are in full swing. When a kid turns 18 or graduates, that's typically the end of a child support order. If the child graduating from high school is an only child or the youngest child, no legal action is needed to end the child support obligation. It terminates automatically.

But there are certain situations when a parent needs to take legal action to end a support order.

If the a parent's child support obligation is paid by wage garnishment, a motion to stop order of assignment is needed to stop the garnishment of the obligor's wages for payment of child support.

When the child graduating high school has younger siblings, a termination of child support won't be possible. That being said, a modification or reduction of the child support obligation might be an option. This kind of modification doesn't happen automatically. You would have to take legal action.

But remember, retroactive modifications aren't possible in Arizona.

When a parent seeks a modification of child support, the court looks at all the factors that go into the child support calculation under the Arizona Child Support Guidelines.

That means the court won't look at just one factor by itself. In the graduation context, a parent shouldn't assume that a child support obligation will be reduced just because the eldest kid is graduating from high school.

In fact, if the parent's income has gone up, the parent's obligation for the remaining kids could equal or exceed the previous obligation that included the child who graduated.

Before filing a child support modification action, you might want to talk to a Phoenix family law attorney. Together, you can run some calculations based on all of the current circumstances to see if a child support modification is possible.

Related Resources:

What Can Child Support Be Used For? (FindLaw's Law and Daily Life)
When Can You Modify Child Support? (FindLaw's Law and Daily Life)
How to Collect Child Support from Your Ex (FindLaw's Law and Daily Life)
Protect Your Family and Your Future With a Legal Plan From LegalStreet (LegalStreet.com)
(Disclosure: LegalStreet and FindLaw.com are owned by the same company.)

How to Increase Stepparent Visitation Days

2013-04-22T20:00:01Z

The Arizona Supreme Court recognizes that in many cases, stepparents play an important role in raising a child. When a child's legal parent and stepparent get a divorce in Arizona, stepparents can petition for visitation rights. If visitation rights are granted, the stepparent can request a modification for increased visitation rights.

But getting increased visitation days with a stepchild is no simple feat. Generally, the court will give preference to what the natural parents want.

Still, when making a decision about modifying a stepparent visitation order, the court takes a host of factors into account.

In the family law context, the court is always guided by the best interests of the child. So a court can increase a stepparent's visitation rights if it determines that increased stepparent visitation is in the best interest of the child.

To figure out whether increased visitation is in the child's best interest, the court will consider many factors, including:

Personal involvement. How involved the stepparent is in the child's life.
Length of relationship in parental role. How long the stepparent filled the role of the child's natural parent.
Emotional relationship. How close -- emotionally, not physically -- the stepparent and child are to each other.
Financial contributions. How much financial support the stepparent provided to the child.
Detriment to child. How much harm, if any, the child will suffer if the increased visitation isn't granted.

The last factor is very important in cases where a biological parent is opposed to a request for increased stepparent visitation. The court will give preference to the biological parents' wishes.

But since the sage family law rule is the "best interests of the child," a stepparent can try to overcome that preference by showing the court that denying increased visitation will be detrimental to the child. If the denial of increased stepparent visitation could hurt the child's happiness, sense of security, mental health, or emotional development, the court can take that into consideration.

Related Resources:

Find a Phoenix Family Lawyer (FindLaw)
Stepparent Adoption FAQ's (FindLaw)
Grandparent Visitation Rights (FindLaw)
Five Tips on Child Custody and Visitation (FindLaw's Law and Daily Life)

How to Calculate Spousal Support Owed In Arizona

2013-04-10T17:58:48Z

One of the first questions you may think about if you are getting a divorce in Arizona is how much spousal support you owe or how much you are entitled to.

Generally, there is no definitive formula that will precisely determine how much spousal support is owed. The amounts will differ for different people depending upon a wide range of factors.

Here is a look at some common factors a court will consider when calculating spousal support owed:

Earning capacity. If one person has a significantly lower earning capacity, courts want to know. That could make it difficult for the parties to divide their assets equally and may warrant spousal support.
Child-rearing responsibilities. If one spouse will be the primary caregiver of young children, that will mean lowering earning potential in the future as well. Child support helps cover children's expenses, but spousal support can help make up for the lost income for a parent who stays at home or works part time.
Standard of living. Courts want to know how you live now and how long you've lived that way. If you're comfortably middle class before the divorce, the court's goal is to make sure both people can stay that way after the divorce.
Earning potential. If, the party with a lower earning capacity can quickly improve that situation, the need for spousal support is lowered. In that case, the court may significantly limit the amount of time spousal support is available, or get rid of it altogether.
Intangible contributions. If income inequality is due to one spouse providing child care, then courts are much more likely to order spousal support for a while so that other spouse can catch up career-wise. The same is true if that spouse supported the other while gaining education or job training for a career.

Related Resources:

Are You Entitled To Alimony (Spousal Support)? (FindLaw)
Paying Alimony: The 5 Types of Alimony (FindLaw's Law & Daily Life)
Talk to a Phoenix Family Law Attorney (FindLaw)

Attorneys Cite Facebook, Match.com in Divorce Cases

2013-03-25T19:18:01Z

It's not a good idea to post too much on Facebook or Twitter if you're going through a divorce. Remember, social media can be quite revealing. And the last thing you want is to reveal more than you need to. It can be used against you as evidence.

According to a recent survey by the American Academy of Matrimonial Lawyers (AAML), 64 percent of respondents said they've cited Match.com as a source of evidence in divorce cases.

But Match.com isn't the only website used to gather evidence. It's well known that divorce lawyers are also using Facebook to compile evidence for divorce proceedings, according to Boston's WBZ-TV.

There are some posts and photos that could be particularly damaging to your case.

For example, any posts that are dishonest can be very harmful in a divorce case. Status updates that claim you're single when, in fact, you're still married can come back to work against you in a divorce proceeding. In fact, relationship status is the most commonly cited piece of evidence taken from these websites.

Similarly, a status that indicates you don't have any children (when you do) would be dishonest. It could affect your case.

Party photos can also hurt your case. If you're partying it up, you might be seen as an unfit parent. That could hurt you in a child custody case in which bad and abusive online behavior towards your ex can be very damaging.

Both of these behaviors are viewed as negative factors by the court when weighing child custody options.

Facebook posts can be very damaging to your case when you're unwittingly disclosing financial information. When you're in the process of dividing your assets, Facebook photos and Match.com profile details can reveal more than you want them to.

Bottom line: play it safe when using social media during a divorce.

Related Resources:

How Child Support Calculations Work (FindLaw's Law and Daily Life)
Facebook to Blame for 1 in 5 Divorces, Lawyers Say (FindLaw's Law and Daily Life)
Find a Phoenix Family Lawyer (FindLaw)

What Is a Financial Affidavit in a Divorce?

2013-03-21T11:51:01Z

Do you know what a financial affidavit is?

Financial information is sensitive and very important when going through a divorce. A financial affidavit is just one of many numerous documents that you may need in a divorce proceeding.

First off, an affidavit is a sworn statement made under oath. It's usually in writing.

A recent Forbes article talked about financial affidavits and what women should know about them. Why is this particularly important for women?

Because in a divorce, there's a greater chance that the woman will be seeking alimony. As such, it's important for her to know how to disclose her financials effectively.

Many things in a divorce proceeding need to be disclosed. One of the most important disclosures involves finances, for both parties. Basically, your finances will be taken apart and scrutinized by the court to determine where you stand and how much child support you should pay (or are entitled to receive).

While a financial affidavit is very important, it can also be burdensome to fill out. It's tough to work on, even if you have a divorce lawyer doing much of it for you.

A divorce lawyer can only do so much. You have to come to the table with your finances and disclose them to your lawyer. And sometimes, that means that you need to dig through your papers and accounts all by yourself.

It's about as much fun as filing your tax returns. And it's actually very similar to that process.

As with any affidavit, it's executed under oath. So you can't lie. Honest and accuracy are key.

To sum it all up, here's a breakdown on what you need to know about financial affidavits:

Be accurate. This could affect the amount of support required under the divorce decree.
Be honest. Don't hide assets or lie. An affidavit is under oath, so you're committing perjury if you lie.
Don't rely on your divorce lawyer to do everything for you. Only you know your finances.

Related Resources:

Find a Phoenix Family Lawyer (FindLaw)
Affidavit (FindLaw's LawBrain)
Divorce (FindLaw)
Spousal Support (Alimony) Basics (FindLaw)

Legal Separation or Divorce: What's the Difference?

2013-03-12T21:09:01Z

Before getting a divorce, many couples try some time apart in the form of a legal separation. It also seems that for some, the divorce never happens. They choose legal separation as a permanent option.

That might be related to costs, since getting a divorce can be expensive. Staying separated also allows those couple to reap the benefits of being legally married without being together.

If you're considering divorce, it might be worthwhile to stop and think about legal separation. Is it for you? Here are a few things to consider:

The Pros

The most obvious benefit for a legal separation is that you avoid the messy process of divorce. That alone is worthwhile to some couples who feel the process is too hostile or expensive, or both.

You also get to keep any benefits that a married couple would have. That might mean a break on your taxes for filing jointly. It could also mean a self-employed or unemployed spouse can stay on the other's health insurance plan.

The Cons

If you choose a legal separation, it means you're still married. That may not seem like a big deal now, but what if you want to remarry in the future? That won't be possible until you get a legal divorce.

Legal separation also means less security. At least in a divorce, everything is clearly laid out in terms of alimony and child support, division of assets, and custody.

In a legal separation, no one requires that you and your spouse sign anything or formally divide your assets. That can cause problems in the future if someone changes his or her mind.

What Should You Do?

No one can make the decision for you, but there are many factors to consider when deciding between divorce and legal separation.

In a marriage where there is a lot of property to divide or where there are children, the security of an official divorce may be important. But for simpler cases and ones where there are no plans to remarry, legal separation can suffice.

You can also get advice from your attorney as to which choice is right for you. Plus, if you choose separation, you can always change your mind and file for divorce.

Related Resources:

Ask Questions About Divorce or Separation in Our Online Forum (FindLaw Answers)
Who Gets Custody of the Dog After Divorce? (FindLaw's Law and Daily Life)
3 Reasons to Get a Separation Instead of Divorce (FindLaw's Law and Daily Life)
Protect Your Family and Your Future With a Legal Plan From LegalStreet (LegalStreet.com)
(Disclaimer: LegalStreet and FindLaw.com are owned by the same company.)

Figuring Out Alimony and the Factors Courts Consider

2013-03-06T22:02:01Z

If you're getting a divorce, or even just considering it, you've probably also thought about alimony. How much will it be, and what factors will the court consider in its decision?

We can't help much with the first question, as alimony calculations depend almost entirely on your personal situation. But we can help with the second.

While the outcome differs depending on finances, the questions courts ask are generally the same all over Arizona. Here are some of the more common factors:

Standard of living. Courts want to know how you live now and how long you've lived that way. If you're comfortably middle class before the divorce, the court's goal is to make sure both people can stay that way after the divorce.

Earning capacity. If one person has a significantly lower earning capacity, courts want to know. That could make it difficult for the parties to divide their "assets" equally and may warrant alimony.

Earning potential. If, however, the party with a lower earning capacity can quickly improve that situation, the need for alimony is lowered. In that case, the court may significantly limit the amount of time alimony is available, or get rid of it altogether.

Intangible contributions. If income inequality is due to one spouse providing child care, then courts are much more likely to order alimony for a while so that other spouse can catch up career-wise. The same is true if that spouse supported the other while gaining education or job training for a career. After all, those are services that went uncompensated during the marriage.

Child-rearing responsibilities. If one spouse will be the primary caregiver of young children, that will mean lowering earning potential in the future as well. Child support helps cover children's expenses, but alimony can help make up for the lost income for a parent who stays at home or works part time.

But alimony isn't a given in every divorce. A party has to request it from the court for it to be considered.

If it's come up in your divorce, talk to your lawyer about your concerns and what steps to take. Even if it's bad news for you, at least alimony doesn't last forever.

Related Resources:

Avoid Alimony Monthly Payment Programs (FindLaw)
Alimony and Taxes (FindLaw)
Paying Alimony: The 5 Types of Alimony (FindLaw's Law and Daily Life)

Fault v. No-Fault Divorce, What Does it Mean?

2013-02-27T22:01:35Z

No-fault divorce is a misleading name. Are you saying it’s no one’s fault that you’re getting a divorce? Because while some people may be able to accept the divorce without blame, for most it’s hard to not point fingers, at least a little bit.

And a no-fault divorce won’t stop you from doing that. It doesn’t really apply to where you put personal blame for the divorce. What the no-fault divorce did was give people the opportunity to get a divorce for without having to resort to difficult reasons that might not actually exist. Let us explain.

Most divorces these days are filed over "irreconcilable differences." But that wasn't the case a little over 40 years ago.

Before the no fault divorce was introduced in 1970, couples had to have a reason for the divorce and it had to be a legally acceptable one. Those reasons included cruelty, adultery, criminal conviction, abandonment, or inability to consummate the marriage. But often couples didn't have one of those reasons for the divorce. It's just that the marriage wasn't working anymore.

Many of those couples made up a story that would fulfill one or another reason to get a divorce. In part to avoid this dishonesty and difficulty, lawmakers made it easier to get a divorce for any reason.

Under Arizona law, no fault is an option when it comes to getting a divorce, but traditional grounds for divorce can still be used.

However, Arizona doesn't require people to prove anything except that the relationship is totally broken. That helps make the divorce process more civil, especially for couples with children.

The law doesn't require you to play the blame game in court. That can make it easier to minimize blame at home as well. But this doesn't necessarily make the divorce process any simpler. While the lack of blame may make it more civil, in most cases, you'll still need an attorney to keep things fair.

Related Resources:

Divorce (FindLaw)
Divorce in Haste, Repent in Leisure? (FindLaw's KnowledgeBase)
What is a Fault Divorce? (FindLaw's Law and Daily Life)

How to Change Your Last Name After Marriage

2013-02-20T22:03:01Z

You said "I do," the marriage is legal, and now you want to change your last name. But how do you go about making your last name match your spouse's after the wedding?

For most people, changing your name is a long legal process that requires a hefty fee, some annoying paperwork, and a day wasted in a courtroom. But if you've recently gotten married and want you and your spouse to have matching last names, the process is easier.

It's not quite automatic; you still have to contact a lot of people. But legally your name can be changed much more simply after marriage.

The reason name changes can be difficult is that the law doesn't want you to take a new name and leave your responsibilities behind.

Before you can change your name, generally the court will investigate whether you're trying to escape any debt, liability, or criminal punishments. If you're trying to hide or mislead people with a name change, your request will be rejected.

But after you're married there are certain presumptions that apply to name changes.

The most important is that the law assumes you aren't changing your name for any devious or illicit reason. That means you can skip the court procedure.

Instead, all you have to do is start using the new name.

You'll also need to change it on your driver's license, your Social Security card, and with any accounts you have. Most will ask for proof of the name change.

If you'd gone through the legal process, that would mean a court order. But for married couples that just means faxing over a copy of your marriage certificate. In the majority of cases you won't have any problems.

Sadly that will probably mean a trip to your local Motor Vehicle Division office. (But at least you're lucky enough to live in Arizona rather than Florida like poor Lazaro Dihn.)

Even if you do have trouble, just ask to speak to a supervisor. It's absolutely legal to use your marriage certificate as proof of a name change and eventually you'll find someone on the other end of the line who understands that.

Of course, this only works if you're changing your last name to match your spouse's. If want a whole fancy new name, like Phoebe in "Friends", you'll have do it the hard way.

Related Resources:

Search for a Phoenix Family Law Attorney (FindLaw)
Changing Your Kids' Last Names in a Divorce (FindLaw's Law and Daily Life)
What's In a Name? How to Legally Change Your Name (FindLaw's Law and Daily Life)
How to Change Your Immigration Status After Marriage (FindLaw's Law and Daily Life)

Is Annulling Your Marriage a Good Alternative to Divorce?

2013-02-16T00:11:01Z

Britney Spears did it. So did Kim Kardashian. But that doesn't necessarily mean annulling your marriage is an option for everyone.

Divorce is a legal end to a marriage but annulment is a different process. At the end, it's as if the marriage never existed under the law. That allows you to avoid the division of property and distribution of alimony that comes with divorce.

To call annulment an alternative to divorce isn't quite fair. You can end a marriage for any reason, or none at all, with a divorce. But you can only get an annulment if you qualify.

Let's be clear though: There are two kinds of annulments.

The first is the religious kind that dissolves your marriage in the eyes of your faith. That may be necessary if you want to remarry in your place of worship, but it won't change your legal status. A religious annulment does not legally end a marriage.

A civil annulment dissolves your marriage in the eyes of the law. But you can only do it if your marriage was invalid.

Keep in mind that a marriage is a contract, so like any other agreement it can be void from the start or voidable at the request of one party.

A void marriage is one that was illegal when it happened. That could be because one person was already married or because the spouses are closely related (i.e., incest).

A voidable marriage is one that isn't necessarily illegal but could be unenforceable if a party chooses to raise the issue. That generally happens if one person didn't legally consent to the marriage for some reason.

To legally consent to any contract, including marriage, the person must understand the terms and agree to them. That is impossible if one of the persons is legally insane, intoxicated, underage, mentally incapable, or the marriage happened through duress or fraud.

Additionally, a marriage can be annulled if the spouses haven't consummated the marriage, either because they can't or won't.

To get an annulment you'll have to prove to a judge that at least one of these factors makes your marriage invalid. Without that, the only thing you can get is a divorce.

Some states also have a limit on how long after your marriage you can ask for an annulment, but Arizona isn't one of them. You just have to prove your case, no matter how long the marriage went on.

Still, you're more likely to succeed if the marriage was short.

For many people, annulment won't be an option. But if you think your situation fits these factors, talk to your attorney about whether it will work for you.

Related Resources:

Questionnaire: Are You Entitled To An Annulment? (FindLaw)
How Marriage Annulments Differ from Divorces and the Grounds for Obtaining a Marriage Annulment (FindLaw)
Annulment or Divorce, What's the Difference? (FindLaw's Law and Daily Life)

Mediation Instead of Divorce Court? It's Worth Trying

2013-02-07T15:45:01Z

Divorce mediation doesn't have the same ring to it as "divorce court," which is probably why it hasn't caught on as a reality TV series. But the fact that it wouldn't make good entertainment also probably makes it a better option for regular people.

We can't be the only people who think the similarity between the words "mediation" and "meditation" makes them both sound like something hippies would promote.

It probably doesn't help that mediation is "alternative" -- as in, it's a form of alternative dispute resolution. But it's a good option for anyone who wants to avoid a fight, and especially for couples with children.

The court process can be good for many people, but it's not called an adversarial system for nothing. It pits two sides against each other in a search for truth.

But in divorce, there isn't necessarily one truth. There are two people with their own needs and expectations, and the court process often has a hard time allowing for two winners -- or at least two satisfied parties.

In mediation, the goal is different. Rather than pitting two people against each other, the point is to reconcile two viewpoints into one compromised agreement.

The mediator's role it to bring the parties together by facilitating a discussion between them. Hopefully having an objective third party will help each side better understand the other and lead to compromise instead of fighting.

That's especially important for couples who have to continue sharing obligations after a divorce, like people who will have shared custody of children.

The court process doesn't do anything to try maintain a civil relationship between you and your ex, even though that will be important for schedule-juggling down the road.

In medition, the focus is on preserving what remaining relationship you have so that you can continue working together for the sake of the kids.

But what happens if it doesn't work? Nothing bad, that's what.

If mediation isn't successful, you can always go back to court. Your attorney can even support you in the mediation and then help you with court filings if it doesn't work. There's very little risk in trying it.

But what you could gain by the process is significant. If you have the option to make your divorced life easier, you should at least give it a try.

Related Resources:

Divorce (FindLaw)
What are the Disadvantages of Mediation? (FindLaw)
The Gosselin Divorce: Is Arbitration Good For You? (FindLaw's Celebrity Justice)
Get Access to an On-Call Lawyer With a LegalStreet Plan (LegalStreet.com)
(Disclaimer: LegalStreet and FindLaw.com are owned by the same company.)

How Does Child Support Affect Your Taxes?

2013-01-29T22:17:01Z

Those W-2s are rolling in, which means it's time to start thinking about filing your taxes. For those paying child support, that means an added layer of complexity.

Sure, April 15 is still a few months away, but waiting until the last minute isn't going to help you maximize your tax benefit.

You know what will? Understanding how child support will affect your tax burden. It's not exactly a tax deduction, but it's nothing to sneeze at either.

Child Support Is Tax-Free for You and Your Child

There is no federal income tax on child support payments made under a court order or divorce decree. That means you don't have to pay income tax on the money, and your child (who is the recipient) doesn't have to pay it either.

Most of us have income tax automatically deducted from our paychecks, so in effect you could get a little money back from the government. But it's not a deduction.

Tax deductions allow you to subtract from your total income, and you're taxed on this newly decreased amount. Here, the government isn't decreasing your total income; it's just not taxing you on the amount you paid in child support.

Alimony Is Tax Deductible

Of course, it's only tax-free if your divorce decree specifies separate money for child support and alimony. If it's all lumped together in one amount, then it's all considered alimony.

That may be good for you, but it's not so good for your child. Alimony is tax-deductible for the person paying, but the recipient has to declare it as income and pay taxes.

If the money was paid as child support, you child would get more of it since no taxes would be taken out.

You can fix this issue by rewriting your divorce decree to separate child support from total alimony. It won't change this year's taxes, but it will be a benefit to your child going forward.

Know How to File Your Taxes, or Else

Filing taxes can be complicated and the penalties for doing it wrong are steep. Free online resources, like what you can find at FindLaw, are a good first step to educate yourself.

If the process still looks intimidating, you don't have to go it alone. Find a professional to help you through the process so you can file with confidence.

Related Resources:

Child Support and Taxes: Non-Custodial Parent FAQs (FindLaw)
Take your questions on child support and alimony to our experts (FindLaw Answers)
How Child Support Calculations Work (FindLaw's Law and Daily Life)
The FindLaw Guide to Getting Child Support Payments (FindLaw - Free Download)

How to Modify a Child Custody Order in Arizona

2013-01-22T15:51:01Z

Each state has its own rules on modifying child custody, and Arizona is no different. For divorced parents who want more time with their kids, it's important to go through the courts.

Maybe you have a great relationship with your ex and think you can sort out the details without appearing before a judge. But that might backfire if later things change in your relationship and you find yourself left out of important decisions for your child.

Without a court order, it's difficult to enforce verbal agreements about custody. Better to go through the steps with the court so you can set up a regular schedule with your child.

Luckily, Arizona makes things easy if both parents agree to custody modifications. All you need to do is fill out and sign some paperwork and then file it with the court.

By having the modification on record, you'll have a way to enforce the custody agreement if later on your ex won't let you see the kids. If you don't file it with the court, proving your right to custody will be much harder.

If you can't agree on changes in custody, you'll have to go through a longer process to convince the court that modification is necessary and in the best interest of your child.

In either case, you'll still have to wait a year since the last order was made to request modification. The courts prefer giving children stability which means not changing custody too often.

Of course, the one-year minimum can be suspended in certain circumstances.

You can request modification any time you have evidence that a child's present environment will seriously endanger his or her physical or mental health. That generally means the presence of domestic violence or child abuse in the home.

Even without serious danger, you can request to modify a custody order after only six months if one parent fails to comply with the order.

Before you make a motion to the court, talk to your attorney about your reasons for modifying custody. That way you'll know your chances of success before you begin.

Time with your kids and the right to make decisions to keep them safe and healthy is important, both for you and for them. Take the extra time to get your paperwork in order so you can keep your relationship with your children strong.

Related Resources:

Getting Custody FAQ (FindLaw)
Ask our experts your questions on custody (FindLaw Answers)
Child Visitation, Child Custody and Unmarried Fathers (FindLaw)
The FindLaw Guide to Child Custody (FindLaw - Free Download)

Does Your Wedding Plan Include a Prenup? It Should

2013-01-17T15:52:01Z

There are lots of things to do during wedding planning, but sometime after getting engaged and before you get married you should schedule some time to write up a prenup.

Prenuptial agreements get a bad rap since usually they only hit the news when someone is getting divorced. But contrary to popular belief, most people don't write prenups because they already think the marriage is doomed.

Discussions about finances are some of the most difficult conversations to have in a marriage. Having a prenup can make those conversations much easier.

A prenup is a contract that specifies the ownership of property after two people get married. When you're single the things you own are yours, but when you get married it's not so straightforward.

Arizona, along with nine other states, follows the law of community property which says that a married couple shares ownership of everything earned during the marriage 50/50.

That's a lovely idea, unless one person in the marriage plans to take on a large amount of debt after the wedding, say by going back to college or starting a business.

In that case, both members of the couple are putting a lot at risk. If you can't pay back the loan, creditors can go after the debtor's assets and any marital assets that are communally owned.

Luckily a prenup can help protect you.

By specifying what property will be shared and what will be owned by an individual, you can protect each other from losing everything if one person takes a financial risk. That can save you from having to fight as much about money when the bills start rolling in.

In general, a prenup is a great opportunity to talk about money before you get married because you can also use it to split up financial responsibilities before the wedding.

That allows you to know who is responsible for managing bills and joint bank accounts, retirement and life insurances benefits, and credit card payments.

With that settled before the wedding you'll have less to argue about afterwards. It's not what you expect from a prenup, but it's a great side benefit.

Related Resources:

Pros and Cons: Premarital Agreements (FindLaw)
Talk to a Phoenix Family Attorney About a Prenup (FindLaw)
Should Your Prenup Include a Sex Contract? (FindLaw's Law and Daily Life)

Dad Leaves Infant Home Alone at Unlocked Apartment

2013-01-11T22:06:34Z

What started out as a burglary case ended up being a child abuse case, The Arizona Republic reports.

Police responded to a Chandler home on Tuesday about a possible burglary. They found 26-year-old Tyler Jeffrey Dotson at the location. While Dotson was cleared of any involvement in the burglary, he was hauled in for a different kind of offense: Dotson reportedly left his three-month-old baby home alone for at least an hour and a half, according to authorities.

On Tuesday morning, officers received a call about a burglary in progress at a home near Alma School Road and Chandler Boulevard. Dotson reportedly matched the description, but wasn’t actually involved in the burglary.

However, authorities reportedly found some heroin on Dotson and arrested him for possession. At that point, Dotson told police that he had left his infant son home alone at his apartment.

Officers visited the apartment and found the front door unlocked, according to authorities. They changed the 3-month-old boy’s diaper and fed him before contacting the boy’s mother, who picked him up. They also reported the incident to Child Protective Services.

Now, on top of the drug charges, Dotson is facing a child abuse charge. Under Arizona law, child abuse encompasses a broad range of abusive behavior, outside of just physical abuse. A parent, guardian, or caretaker who fails to provide adequate supervision or neglects a child to the point that the child’s health is put in danger can be convicted of child abuse.

Dotson’s alleged abuse was probably more negligent than intentional, so he’ll likely be charged with a class 4 felony. If convicted, he could face up to eight years in prison. He probably wishes he sprung for a babysitter.

Related Resources:

Chandler Dad Arrested for Leaving 3-Month-Old Alone in Apartment (AZfamily.com)
Child Abuse Law (FindLaw)
Do’s and Don’ts: False Allegations of Child Abuse (FindLaw)
Sun City Mom Sentenced in Meth Lab Case (FindLaw’s Phoenix Family Law Blog)