We want to talk to you about the standard of proof to establish a waiver of past child support in Arizona. A custodial parent can waive her claim to overdue child support. However, the waiver must be proved by clear and...

A divorce decree is conclusive and final. However, a party can attack a final divorce decree or its terms if they establish extrinsic fraud. What is extrinsic fraud? What elements are necessary to state a case? In Bates v....

Arizona courts have the authority to impose contempt sanctions when parties disobey the court’s rulings. Those sanctions must be drawn as narrowly as possible, particularly when a third party’s interests are involved....

Couples divorcing in Arizona can draw up their property settlement agreements and parenting plans. The custodial parent may waive child support. The courts approve these plans, but they are not always obligated to enforce...

Today, Arizona is a no-fault divorce state. However, under the earlier law, couples could only divorce by proving fault. And if a spouse sought divorce for fault, it could not be based solely on her testimony. The testimony...

Property a spouse brings to marriage remains his or her separate property. However, the spouses can agree to convert the property to community property. It can also be converted to community property by gift. In Sellers v....

When an attorney is appointed for a child in a parental rights case, the attorney represents the child’s interests before the family court. If the matter goes up on Special Action, should the child be joined as a real party...

A parent is entitled to receive adequate notice before a hearing on modification of child custody. Failure to provide sufficient notice violates due process rights. What constitutes adequate notice? Is one day notice...

Due Process and Adequate Notice Requirement to Modify Child Support in Arizona As a parent in Arizona, it’s important to know that the Due Process clause of the constitution guarantees you the right to adequate notice...

Parents have fundamental and protected rights in the care and custody of their children. This includes the right to parenting time. Once a parenting plan is in place, the court must consider a range of factors before amending...