Declining Home Values and Divorce.

With home prices down it places financial stress on an already stressful situation. When spouses were able to sell their home for far greater that the mortgage on it, each spouse was able to pay off the marital debts and if lucky have some money left over to buy a new home. This was a great advantage to divorcing spouses. On the negative side, if one spouse wanted to keep the home they were buying the other spouse out at the peak of the home’s value and may not have been able to offered it.

Now the converse is true. Many people today find that the mortgage or lien on their home is actually greater than the home is worth, what is called being “upside down”. This means that if you sell your home you will actually still owe the bank more than you get from the sale. This fact has complicated many divorces. Conversely, if you have the ability to buy out your spouse,this is a great time to do it.

Divorce lawyers and judges have had to be a little more creative regarding how to handle the family home in this economy, and it has become common for both parties to continue to own the home after they are divorced. It is also not unheard of that some people are actually living together after the divorce, which gives credence to the saying that some spouses are better at being friends then husband and wife. Of course whether you plan on selling the home at some later date after the divorce or live together post divorce, you should really consult a lawyer to have the necessary terms and provisions to prevent or minimize problems that may arise.

How Has the Current Economic Crisis Affected Alimony and Child Support.

Under Arizona law both alimony, or what is called spousal maintenance, and child support are allowed to be increased and decreased from the original amount. This is called a modification. With pay reductions and layoffs becoming sadly all to frequent, many ex-spouses or parents who have been ordered to pay child support and/or spousal maintenance may wish to know if they can reduce their payments. The answer is yes, a payer of support or maintenance may motion the court to lower the amounts, but there is no guarantee the judge will lower the amounts. If the decrease is voluntary, say the payer simple chose to earn less, than a decrease most likely will not be granted, but if the payer has had a decrease in pay due to factor's beyond their control than it is possible a decrease in the amount may be granted. Like everything in the law, no two case results are the same, and each case is handled on an individual basis.

Can I Move Our Children Out of State?

Not a day goes by that I do not get a call from a parent who wants to move out of the Metropolitan Phoenix area with their children but without the other parent. Can this be done? Pursuant to A.R.S. Section 25-408 parents who already have custody orders from an Arizona court can not move more than 100 miles from the current location without consent of the other parent or permission from the court. Issues like more family support in the destination state and more job opportunities are the most common factors to move. But those reasons are not a guaranteed to permit a move. The most important factor regarding relocation is how moving the child will affect the relationship between the child and the parent remaining in Arizona. Each family is different and so courts must look at each case uniquely and evaluate the relevant factors specific to each individual family.