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Legal Thoughts by Thomas A Morton

caring, family law attorney in Phoenix, AZ

Thursday, 01 September 2016 13:22

What Does the Bankruptcy Automatic Stay Stop?

When a debtor files bankruptcy, a powerful legal injunction known as the automatic stay goes into effect.  It prevents creditors from taking action against you while it is in effect.  If you have overwhelming debt that you cannot pay, I can file a bankruptcy in Arizona on your behalf.   The automatic stay can stop wage garnishment, vehicle repossession, home foreclosure, and creditor lawsuits such as collection actions on a credit card debt.  The automatic stay will not stop a suit for child support or spousal maintenance.    Not only does the bankruptcy stop these actions, but it can also discharge all or most of your debt, depending on what kind of debt you owe.  Generally, unsecured debt that is…
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Thursday, 25 August 2016 12:24

Mediation is a Good Way to Resolve Your Divorce or Custody Case

I always try to settle my cases in family court and one of the best ways to do that is through mediation.  If the parties settle, they may not be completely happy with the outcome, but they controlled the outcome and avoided a decision from a judge, who may have given them an outcome that they hate.  As I tell my clients in legal decision making (custody) and parenting time (visitation) cases, the two people in the whole world in the best position to make a decision in the best interests of the children are the mother and father.  If the mother and father cannot come to a decision together, a stranger who happens to have been appointed to be…
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Thursday, 18 August 2016 11:27

Where Can I Find Answers to Divorce, Family Law, Child Support, and Custody Questions?

Many people seek answers to their family law questions on the internet.  My website has a lot of information and answers to peoples' questions.  I have also answered a lot of actual questions from people on Avvo.com.  A good example of this family law Q & A is my last answer:   I have had my son since he was three weeks old, and now that he is 1 year and 8 months his mother wants to share custody. What can I do? She works 10 hour days and leaves him with whoever will watch him. Thomas’s Answer on Mar 11, 2014 If there is no order and you were never married to the mother, she has the right to…
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Wednesday, 22 June 2016 17:28

Service Members, Deployment, and Modification of Court Orders

How do Arizona courts deal with legal decision making (custody) and parenting time (visitation) modification issues when one parent’s service in the United States armed forces necessitates the modification?  Generally, the courts may modify legal decision making and parenting time when to do so is in the children’s best interest.  The court must consider the terms of a military parent's family care plan when considering the child's best interest during that parent's military deployment.   If the children live primarily with the military parent, and that parent receives temporary duty, deployment, activation or mobilization orders that require that parent to move a substantial distance away, Arizona courts will not enter a final order modifying parental rights and parent-child contact until…
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Thursday, 09 June 2016 12:33

At What Age Does My Child Get to Decide Where He or She Lives?

I very often hear from people that they heard that a child can decide where they will live and with which parent when the child is 14 years old (or some other age).  This is not true.  My answer to the question “How old does my child need to be to decide with whom they live?” is always the same: 18 years old.   The wishes of the child are a factor in the Arizona legal decision making (custody) and parenting time statutes, but they are only one factor.  The older and more mature the child, the more weight the child’s wishes will carry with the judge.  However, they are still only one factor among many factors.  Also, the judge…
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Wednesday, 01 June 2016 16:40

How Long do I Have to Pay Child Support in Arizona?

 When does child support end in Arizona?  Child support in Arizona does not always end at the same time.  It depends on the particular facts of each case.  Generally, child support ends when a child is over the age of 18 years and has graduated from high school.    Child support in Arizona generally ends when a child reaches 18 years of age.  If the child has not graduated from high school, child support will continue until the child graduates from high school, but only until the child reaches the age of 19 years as long as the child remains in high school.  In rare circumstances, the family court may order that child support continue past the age of majority,…
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Friday, 20 May 2016 10:19

Child Support and Spousal Maintenance Arrears Statute of Limitation

Arizona has no statute of limitation on collection of child support arrears, but it does have a statute of limitation on collecting spousal maintenance ("alimony") arrears.  The statute of limitation is three years past the termination date for the spousal maintenance obligation. For example, if the court ordered Husband to pay Wife spousal maintenance through June, 2015, the deadline to file any petition to collect any arrears would be June 30, 2018.  This does not mean that the statute of limitation will bar collection of payments that are more than three years overdue.  For example, if the court ordered Husband to pay spousal maintenance through June, 2012, and Husband missed a payment in June, 2005, and Wife filed her petition…
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Thomas A. Morton, P. L. L. C.
2916 N. 7th Avenue, Suite 100
Phoenix, Arizona 85013
(602) 595-6870
info@thomasamortonlaw.com

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