Frequently Asked Questions

Walneck Law is a Divorce and Family Law practice that provides legal services related to family law, divorce, child custody, spousal support, and more.

Child support in Arizona is calculated based on a formula that takes into account factors such as each parent's income, the number of children, and any special needs of the child. The court may also consider other factors such as the child's living arrangements and the financial resources of each parent.

In determining child custody, the court considers several factors, including the child's age, health, and well-being, the relationship between the child and each parent, and the ability of each parent to provide for the child's physical and emotional needs.

The process for adoption in Arizona involves filing a petition for adoption, completing a home study, attending court hearings, and obtaining consent from the child's biological parents or terminating their parental rights. The process can be complex and time-consuming, but a family law attorney can help guide you through it.

The grounds for divorce in Arizona are no-fault. No-fault divorce is available when there is an irretrievable breakdown of the marriage, meaning that the couple has been living apart for a certain period of time or has experienced significant marital difficulties.

Arizona law requires the Family Court judge to divide community property “equitably” between the parties, but this does not mean the division will be equal.  One spouse can be awarded certain assets and the other spouse awarded different assets.  Nonetheless, the division must be substantially equal in the absence of a compelling reason to the contrary.

Sorry, no.  Arizona is a no-fault state.  Except in the fairly rare case of a covenant marriage, marital misconduct is irrelevant in a divorce case.

No.  The court will order the payment of child support in joint custody cases.  However, the amount of child support tends to be less in a joint custody case, as time spent with the children is shared by each parent.

Six months after the entry of a joint custody order, a parent may petition the court for modification of the order based on the failure of the other parent to comply.

In most cases, for orders up till December 31, 2017, the party paying spousal maintenance was able to deduct the amount paid on his or her income tax return, and the party receiving spousal maintenance was required to report the payments as income.  An order proclaimed before the end of 2017 remains in effect throughout the term of the spousal maintenance unless it is modified.  For orders as of January 1, 2018, however, those rules do not apply.  Generally speaking, the payer may not deduct the amount of spousal maintenance paid, and the spouse receiving the payments is not required to report the payments as income.