Family Law

The attorneys at Sternfels & White, PLLC are experienced in handling family law matters, including divorce, child custody/visitation, child support, spousal maintenance (alimony), pre-nuptial agreements, post-nuptial agreements, legal separation, post-dissolution issues and modification of existing orders.

• Dissolution/Divorce and Legal Separation

Divorce involves the division of property, child support, custody maintenance and many other legal issues. The division of property is based upon the general theory that Arizona is a community property state. Therefore, all property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is acquired by gift, devise or descent or property acquired after service of a petition for dissolution of marriage if the petition results in a decree of dissolution of marriage.

• Child Support

A parent's legal duty is to support his or her natural or adopted children. The obligation of child support has priority over all other financial obligations. The amount of child support is based on the parents' gross monthly incomes, the visitation schedule, and other expenses incurred for the children, as described in the Arizona Child Support Guidelines (http://www.supreme.state.az.us/dr/childsup/CSG2004.pdf) The Guidelines were developed by the Child Support Guidelines Project of the National Center for State Courts and adopted by the Arizona Supreme Court. The total child support amount approximates the amount that would have been spent on the child(ren) if the parents and child(ren) were living together. Each parent contributes his/her proportionate share of the total child support amount. In any action concerning child support the amount resulting from the application of the guidelines shall be the amount of child support ordered. However, if application of the guidelines would be inappropriate or unjust, the court shall deviate from the guidelines.

• Spousal Maintenance

Spousal maintenance, commonly referred to as spousal support or alimony, means money paid by one spouse to the other in order to fulfill the financial obligation that comes with marriage. Neither spouse is automatically eligible for spousal maintenance. In order to be eligible to receive spousal maintenance, the Court must find that the spouse seeking maintenance:

1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs;
2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient;
3. Contributed to the educational opportunities of the other spouse; and/or
4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.

Once the court finds that a spouse is entitled to support the spousal maintenance order shall be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors in accordance with Arizona statutes.

• Pre-Nuptial Agreements

A pre-nuptial agreement (also known as "premarital agreement") is an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage. The agreement allows the parties to circumvent the community property laws of Arizona by designating, among other things, that property and income acquired by either spouse during the marriage will remain that spouse's separate property. The prenuptial agreement may also modify or eliminate either spouse's right to receive spousal maintenance. However, the right of a spouse to receive child support may not be adversely affected by a premarital agreement. There are numerous legal aspects to ensure that the pre-nuptial agreement is valid and binding and will serve its intended purpose if necessary. In order to ensure your agreement is drafted by an experienced attorney call Sternfels & White, PLLC to schedule an appointment with one of our attorneys.

• Modification

After your divorce is finalized the court still has the ability to modify certain aspects of your divorce decree, such as the amount of child support you are ordered to pay or receive, the custody arrangement, and the amount of spousal maintenance (alimony). Generally, the court will only modify its prior orders if one party can show there is a substantial and continuing change in circumstances since the original order.

To discuss your family law issues contact one of our experienced attorneys.