Arizona Revised Statutes (Family Law)
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Questions and Answers

What happens to the rights and obligations between a parent and child after the termination of their relationship by court order?

  • Only the right to inherit is maintained.
  • Both parties retain all rights except the right to inherit.
  • All legal rights, duties, and obligations are completely severed. (correct)
  • The child loses the right to support from the parent.

Which right remains intact after a court order terminating the parent-child relationship?

  • The child's ability to claim the parent's pension.
  • The parent's right to make healthcare decisions for the child.
  • The parent's right to visit the child.
  • The child's right to support from the parent. (correct)

How can the right of inheritance and support between a parent and child be permanently terminated?

  • By a court order that establishes guardianship.
  • By a final order of adoption. (correct)
  • Through mutual agreement between the parent and the child.
  • Automatically when the child reaches adulthood.

Which of the following statements is true regarding the legal consequences of terminating the parent-child relationship?

<p>The child can no longer inherit from the parent unless a new legal relationship is established. (D)</p> Signup and view all the answers

Upon termination of the parent-child relationship, what obligations does the parent retain?

<p>There are no obligations except for inheritance and support. (D)</p> Signup and view all the answers

What is required for a person to file an order of protection?

<p>A written verified petition (B)</p> Signup and view all the answers

Who is allowed to file a petition for an order of protection on behalf of a minor?

<p>The legal guardian or custodian (B)</p> Signup and view all the answers

Under what circumstances can an order of protection not be granted?

<p>Against more than one defendant (C)</p> Signup and view all the answers

What information about the plaintiff must be disclosed to the court when filing a petition?

<p>Address and contact information (C)</p> Signup and view all the answers

What specific relationship detail must be included in the order of protection petition?

<p>Pending legal matters between the parties (B)</p> Signup and view all the answers

What requirements exist for the disclosure of a plaintiff's address and contact information?

<p>It is maintained in a separate confidential document (D)</p> Signup and view all the answers

Who can request an order of protection if the primary petitioner is unable to do so?

<p>A third party approved by the court (A)</p> Signup and view all the answers

What must be included in the petition regarding the instances of domestic violence?

<p>Specific stated incidents with dates (C)</p> Signup and view all the answers

Who is primarily responsible for serving an order of protection if it cannot be served within a city or town?

<p>Constable of the county (D)</p> Signup and view all the answers

What is the maximum time frame for a hearing to be held after a party under an order of protection requests it?

<p>Ten days (B)</p> Signup and view all the answers

What statement must be included in an ex parte order issued under the relevant section?

<p>Defendant is entitled to a hearing on written request (C)</p> Signup and view all the answers

What is the duration of an order of protection before it expires?

<p>Two years after service (D)</p> Signup and view all the answers

What happens if an order of protection is not served within one year of issuance?

<p>It expires (A)</p> Signup and view all the answers

What authority does a peace officer have in relation to an order of protection?

<p>May arrest for violations of the order (D)</p> Signup and view all the answers

What must be included in every order of protection regarding disobedience?

<p>A statement on consequences of disobedience (A)</p> Signup and view all the answers

Which agency is responsible for maintaining a central repository for orders of protection?

<p>State supreme court (A)</p> Signup and view all the answers

What happens to the court order once a peace officer serves it?

<p>It must be registered with national crime information center (B)</p> Signup and view all the answers

What is the priority of service for an order of protection?

<p>Higher than all other non-urgent processes (B)</p> Signup and view all the answers

In what time frame must an affidavit or declaration regarding service be filed?

<p>Seventy-two hours (B)</p> Signup and view all the answers

What is required for an arrest related to a violation of an order of protection?

<p>Probable cause to believe a violation occurred (D)</p> Signup and view all the answers

Under what condition can additional hearings regarding exclusive use of the home be held?

<p>If there is a change in circumstances (A)</p> Signup and view all the answers

What document must be provided for each order of protection?

<p>Supplemental information form (D)</p> Signup and view all the answers

Under what circumstances can a court issue an order of protection without a hearing?

<p>If evidence of electronic harassment is provided. (D)</p> Signup and view all the answers

What is NOT listed as a possible action a court can take when issuing an order of protection?

<p>Allow the defendant to keep a firearm. (D)</p> Signup and view all the answers

What should a plaintiff do after moving out of a residence covered by an order of protection?

<p>File a notice with the court within five days. (C)</p> Signup and view all the answers

Which situation would allow the court to consider a longer period of domestic violence history?

<p>If good cause is shown for extending the period. (D)</p> Signup and view all the answers

What is the stipulation regarding the use and possession of animals in an order of protection?

<p>The court may grant exclusive custody of the animal to the victim. (D)</p> Signup and view all the answers

What must the court do after issuing an order of protection?

<p>Deliver the order to a law enforcement agency for service. (D)</p> Signup and view all the answers

What is the consequence if the defendant fails to transfer a firearm as ordered by the court?

<p>The defendant must transfer it within 24 hours after service of the order. (A)</p> Signup and view all the answers

If both parties file petitions for protection, which course of action can the court take?

<p>Consolidate the petitions for a joint hearing. (D)</p> Signup and view all the answers

What role does a law enforcement officer have during the service of an order of protection?

<p>They may accompany the other party to retrieve belongings. (B)</p> Signup and view all the answers

Which of the following is true regarding notifications after filing a petition?

<p>The court will provide notification to the defendant after the plaintiff moves. (C)</p> Signup and view all the answers

Which of the following is NOT a reason for the court to deny an order of protection?

<p>The defendant’s mental health status. (C)</p> Signup and view all the answers

What defines a credible threat under the court's evaluation?

<p>A reasonable cause to believe physical harm may occur. (D)</p> Signup and view all the answers

What action can the court take if it finds that the defendant poses a risk to physical safety?

<p>Prohibit the defendant from purchasing or possessing firearms. (B)</p> Signup and view all the answers

What must the agency with custody of the defendant do regarding the victim upon the defendant's release?

<p>Make reasonable efforts to contact the victim and others designated in the order. (D)</p> Signup and view all the answers

Which type of court has exclusive jurisdiction to issue order of protections when certain actions are pending?

<p>Superior court (B)</p> Signup and view all the answers

If a municipal court finds that a relevant action is pending, what must it do after issuing an order of protection?

<p>Terminate all actions and send records to the superior court. (A)</p> Signup and view all the answers

What happens if a protection order is issued by a lower court while a higher court action is pending?

<p>The order remains valid as long as it was issued properly. (A)</p> Signup and view all the answers

What is true about the costs associated with actions taken to enforce an order of protection?

<p>The court may require one party to pay the costs, including attorney fees after a hearing. (B)</p> Signup and view all the answers

What characterizes a valid protection order issued in another jurisdiction?

<p>It is recognized and enforced as if issued locally if it remains effective in the issuing jurisdiction. (B)</p> Signup and view all the answers

Under which condition can a peace officer presume the validity of a protection order issued in another jurisdiction?

<p>If the officer receives it from an authorized source. (B)</p> Signup and view all the answers

What defines the term 'pending' in the context of family-related court actions?

<p>An action has been initiated but a final decision is not yet made. (C)</p> Signup and view all the answers

What is true regarding a mutual protection order issued against both parties?

<p>It is not granted full credit if one party has not filed a formal request. (C)</p> Signup and view all the answers

Which is a reason a municipal court or justice court may hold a hearing regarding its ex parte order of protection?

<p>If the hearing is requested before they receive notice of a pending superior court action. (B)</p> Signup and view all the answers

What can a party do if they disagree with an order issued by a justice court or a municipal court?

<p>Appeal to the superior court as per the civil appellate procedure. (D)</p> Signup and view all the answers

Under what circumstances is a peace officer exempt from civil or criminal liability when making an arrest related to an order of protection?

<p>If the officer acts on probable cause and without malice. (D)</p> Signup and view all the answers

Which type of orders are included under the definition of a protection order?

<p>Temporary and final orders against harassment and contact. (D)</p> Signup and view all the answers

Which condition must NOT be proven for a premarital agreement to be enforceable?

<p>The parties had equal bargaining power. (A)</p> Signup and view all the answers

Under what circumstance can a court enforce a premarital agreement that limits spousal support?

<p>If it does not cause one party to become eligible for public assistance. (C)</p> Signup and view all the answers

Which of the following is a condition under which a premarital agreement may be deemed unconscionable?

<p>One party was unaware of the financial obligations of the other. (D)</p> Signup and view all the answers

What is required for a premarital agreement to become effective?

<p>Signing of the agreement by both parties before their marriage. (B)</p> Signup and view all the answers

Who decides the issue of unconscionability in a premarital agreement?

<p>The court as a matter of law. (A)</p> Signup and view all the answers

Which of the following rights can parties include in a premarital agreement regarding property?

<p>The right to manage and control property acquired in the future. (A)</p> Signup and view all the answers

What aspect of spousal support may be addressed in a premarital agreement?

<p>The complete elimination or modification of spousal support provisions. (C)</p> Signup and view all the answers

Which of the following matters is explicitly prohibited from being negatively affected by a premarital agreement?

<p>The right of a child to receive support. (B)</p> Signup and view all the answers

Which of the following statements is true regarding the provisions allowed in premarital agreements?

<p>They can address ownership rights in any events of marital dissolution. (B)</p> Signup and view all the answers

Which agreement regarding the disposition of property must be made in a premarital agreement?

<p>The specifics on property distribution upon separation or death. (C)</p> Signup and view all the answers

What is necessary for a premarital agreement to be amended or revoked after marriage?

<p>A written agreement signed by the parties (D)</p> Signup and view all the answers

What is true about the enforceability of an amended or revoked premarital agreement?

<p>It is enforceable without the need for consideration (A)</p> Signup and view all the answers

In the context of amending a premarital agreement after marriage, which of the following is NOT a requirement?

<p>It must include new consideration (A)</p> Signup and view all the answers

Which statement accurately describes the process of revoking a premarital agreement?

<p>It must be documented in writing and signed by the parties (B)</p> Signup and view all the answers

What distinguishes the amendment or revocation of a premarital agreement from other agreements?

<p>It does not require consideration to be enforceable (C)</p> Signup and view all the answers

What is the primary condition under which property acquired after the service of a petition is not considered community property?

<p>If it was a gift from a third party to one spouse. (B)</p> Signup and view all the answers

Which statement accurately reflects the impact of a petition for dissolution of marriage on preexisting community property?

<p>It does not alter the status of preexisting community property. (A)</p> Signup and view all the answers

What happens to the community property status of newly acquired property if it was purchased with community property funds after a petition is served?

<p>It maintains its status as community property regardless of the source of funds. (D)</p> Signup and view all the answers

When a petition for legal separation is served, which duty regarding community property remains unchanged between the spouses?

<p>The right to independently manage community property. (B)</p> Signup and view all the answers

What is an exception to the rule that all property acquired during marriage is considered community property?

<p>Property received as compensation for personal injury during marriage. (D)</p> Signup and view all the answers

What constitutes a spouse's separate property acquired during marriage?

<p>Personal property acquired by one spouse before marriage. (B)</p> Signup and view all the answers

Under what condition does property acquired after service of a petition for dissolution become separate property?

<p>If it results in a decree of dissolution of marriage, legal separation, or annulment. (D)</p> Signup and view all the answers

Which scenario allows a mortgage or deed of trust executed by a spouse to remain enforceable against real property?

<p>If the property was acquired after the petition was filed and no decree has been issued. (D)</p> Signup and view all the answers

What defines a contribution to an irrevocable trust as separate property?

<p>The spouse of the insured must be a primary beneficiary of the trust. (D)</p> Signup and view all the answers

Which of the following accurately describes how profits generated from separate property are treated?

<p>Profits are regarded as separate property of the spouse who owns the original property. (C)</p> Signup and view all the answers

What is required from both spouses to bind the community in the case of a real property transaction?

<p>Joinder of both spouses is required. (C)</p> Signup and view all the answers

Which statement best describes the management rights of spouses over community property?

<p>Both spouses share equal rights to manage community property. (C)</p> Signup and view all the answers

Which scenario does NOT require joint participation from both spouses to bind the community?

<p>Lease of less than one year. (B)</p> Signup and view all the answers

Which type of property rights does each spouse have over their separate property?

<p>Sole management and control over their own separate property. (A)</p> Signup and view all the answers

In what circumstance can either spouse acquire or dispose of community property without the other's agreement?

<p>Except in specified situations requiring joint consent. (A)</p> Signup and view all the answers

What is the liability of a spouse's separate property for the other spouse's separate debts?

<p>It is liable if agreed upon by the property owner. (C)</p> Signup and view all the answers

To what extent is community property liable for a spouse's premarital separate debts incurred after September 1, 1973?

<p>To the extent of the other spouse's contribution to the community property. (B)</p> Signup and view all the answers

When can community property be used to satisfy a spouse's debts incurred outside of the state?

<p>If those debts would have been considered community debts had they been incurred in the state. (B)</p> Signup and view all the answers

What happens in an action on a debt contracted by either spouse for community benefit?

<p>The community property must be used first to satisfy the debt. (A)</p> Signup and view all the answers

Which statement is true regarding spouses contracting debts?

<p>Either spouse can contract debts without the other spouse's consent. (C)</p> Signup and view all the answers

What governs the marital rights in property acquired in the state by persons who were married outside the state and later moved into the state?

<p>The laws of the state they moved to (C)</p> Signup and view all the answers

How does the jurisdiction of property acquired after moving into the state differ from that acquired prior to moving?

<p>It is subject to the rules of the state where the property is located regardless of marriage (D)</p> Signup and view all the answers

What is true about property acquired during marriage by individuals who were married outside the state after relocating?

<p>It is governed by the laws of the state they moved to (C)</p> Signup and view all the answers

Which statement best reflects the legal status of property rights for couples moving into a new state post-marriage?

<p>The new state's laws will control the property acquired after their move (D)</p> Signup and view all the answers

In what situation would the marital rights concerning property differ for a couple that moved to a state?

<p>If they acquired property before moving (B)</p> Signup and view all the answers

What is the consequence of waiving property payments as stated in the legal separation decree?

<p>Any payments due are automatically forfeited unless stated otherwise. (D)</p> Signup and view all the answers

What happens to parenting orders following termination of the legal separation?

<p>They are nullified and no longer apply. (D)</p> Signup and view all the answers

Regarding child support or spousal maintenance, what is stated about remaining financial claims after the legal separation ends?

<p>Claims related to child support or spousal maintenance are waived unless specified otherwise. (B)</p> Signup and view all the answers

Which statement is correct regarding the rights of creditors after the termination of legal separation?

<p>Termination has no effect on the rights of creditors relying on the separation terms. (A)</p> Signup and view all the answers

In terms of obligations following legal separation, what can be inferred about the support provisions?

<p>Support obligations from the separation decree no longer apply unless otherwise stated. (A)</p> Signup and view all the answers

Which condition must be met in order for the court to enter a decree of legal separation?

<p>One party must be domiciled in the state or stationed while in the armed services. (B)</p> Signup and view all the answers

If one party objects to a decree of legal separation, what action must the court take?

<p>Amend the pleadings to seek a dissolution of marriage. (D)</p> Signup and view all the answers

What must be included in the stipulated order for terminating the decree of legal separation?

<p>Agreement by both parties to restore their legally married status. (A)</p> Signup and view all the answers

What happens to the marital community upon entry of the stipulated order terminating the legal separation?

<p>The marital community is re-formed as if married on the termination date. (C)</p> Signup and view all the answers

Which of the following must a court consider when determining legal decision-making and parenting time during legal separation?

<p>Best interests of any common child entitled to support. (A)</p> Signup and view all the answers

What effect does the legal separation have on property awarded to either spouse during the separation prior to termination?

<p>Property remains sole and separate of the acquiring party. (C)</p> Signup and view all the answers

Which condition regarding the marriage must be assessed for granting a decree of legal separation?

<p>The marriage must be irretrievably broken or parties desire separation. (B)</p> Signup and view all the answers

What is the significance of the provisions of section 25-381.09 in relation to legal separation?

<p>They must either apply or have been met for separation to be granted. (C)</p> Signup and view all the answers

What must be included in a verified petition for dissolution of marriage regarding children?

<p>The birth dates and addresses of all living children (C)</p> Signup and view all the answers

Which of the following is a valid defense against a petition for dissolution of marriage?

<p>The marriage is a covenant marriage with no grounds alleged (A)</p> Signup and view all the answers

What information is explicitly required in a verified petition related to the parties' details?

<p>The address of the parties involved (A)</p> Signup and view all the answers

What circumstance allows the court to join additional parties in a proceeding?

<p>Necessary for the exercise of the court's authority (A)</p> Signup and view all the answers

Which condition regarding victims of domestic violence is specified in the proceedings?

<p>They are not required to divulge their address but must disclose a means of communication (D)</p> Signup and view all the answers

Which statement correctly describes the filing fee structure for a summary consent decree?

<p>The filing fee is fifty percent of the combined filing fee plus any applicable county fees. (C)</p> Signup and view all the answers

What is the maximum time frame allowed for the court to enter the final decree after the combined petition and response are filed?

<p>Sixty days after filing. (A)</p> Signup and view all the answers

At what point can either party submit a notice of intent to withdraw from the summary consent decree agreement?

<p>Anytime before entering the final decree. (D)</p> Signup and view all the answers

What must the parties submit to the court within sixty days of filing the combined petition and response?

<p>All required final settlement documents including written agreements. (C)</p> Signup and view all the answers

If the parties jointly decide to withdraw from the summary consent decree agreement, what must the court do?

<p>Dismiss the case entirely. (C)</p> Signup and view all the answers

What is the effective date of an order served by registered mail under Arizona family law?

<p>The date of receipt of the order (D)</p> Signup and view all the answers

Which of the following is true about the preliminary injunction in family law proceedings?

<p>It remains effective until it is explicitly revoked (D)</p> Signup and view all the answers

What action must a petitioner take regarding the preliminary injunction when filing for dissolution?

<p>Serve it on the respondent along with the summons (B)</p> Signup and view all the answers

Which of the following describes the court's authority in dividing liquid assets during a divorce proceeding?

<p>The court must divide assets unless good cause is shown not to (C)</p> Signup and view all the answers

What must accompany a motion for equal possession of liquid assets?

<p>An affidavit explaining the motion's basis (D)</p> Signup and view all the answers

Under what condition may a peace officer arrest someone regarding disobedience of an injunction?

<p>With probable cause that an offense has been committed (C)</p> Signup and view all the answers

What is NOT a required aspect when registering an injunction with the sheriff?

<p>Paying a registration fee to the sheriff (D)</p> Signup and view all the answers

What occurs if a peace officer arrests someone under the injunction rule?

<p>Release procedures from custody are not governed by normal rules (A)</p> Signup and view all the answers

What limitation does the preliminary injunction not affect?

<p>The division of marital property in a final decree (A)</p> Signup and view all the answers

What must be included in an order for release from custody concerning the accused?

<p>Pretrial release conditions for the protection of victims (A)</p> Signup and view all the answers

What actions are both parties enjoined from regarding their joint property without consent or court permission?

<p>Disposing of it except in the usual course of business (C)</p> Signup and view all the answers

What must both parties maintain according to the preliminary injunction?

<p>All existing insurance coverage without alteration (C)</p> Signup and view all the answers

Under which circumstance can a child be removed from Arizona according to the injunction?

<p>With written consent from both parents (D)</p> Signup and view all the answers

What potential legal consequence is outlined in the warning of the preliminary injunction?

<p>Possible arrest for contempt of court (A)</p> Signup and view all the answers

What condition triggers the effectiveness of the preliminary injunction against the respondent?

<p>Upon service of the order or actual notice (A)</p> Signup and view all the answers

Which of the following is a restriction placed on both parties by the preliminary injunction?

<p>Committing assault or battery against each other (B)</p> Signup and view all the answers

What must a petitioner do to enforce the preliminary injunction through law enforcement?

<p>Provide evidence of the order being served on the spouse (C)</p> Signup and view all the answers

What is required for either party to be legally held accountable for violations of the injunction?

<p>Documented evidence of disobedience (D)</p> Signup and view all the answers

What is the court's approach if it determines that a separation agreement is unfair regarding property disposition or maintenance?

<p>The court may request a revised separation agreement from the parties. (C)</p> Signup and view all the answers

Which term in a separation agreement is binding on the court during dissolution proceedings?

<p>Provisions related to property disposition and maintenance. (C)</p> Signup and view all the answers

What happens to the terms of a separation agreement that are incorporated by reference into a divorce decree?

<p>They are enforceable by the same remedies available for enforcement of a judgment. (C)</p> Signup and view all the answers

Which provision of a separation agreement is explicitly not modifiable after the decree is entered?

<p>Terms for support and maintenance of either party. (B)</p> Signup and view all the answers

What condition must the court find to reject a separation agreement's terms related to support and parenting time?

<p>The separation agreement must be found to contain unfair provisions. (C)</p> Signup and view all the answers

What does it mean if a separation agreement states that its terms shall not be set forth in the decree?

<p>The decree will still reference the agreement, acknowledging its terms. (B)</p> Signup and view all the answers

In what scenario does a separation agreement become enforceable through contempt remedies?

<p>When its terms are incorporated by reference or set forth in the decree. (D)</p> Signup and view all the answers

What criteria does the court examine when determining the fairness of a separation agreement?

<p>The economic circumstances of both parties and relevant evidence. (C)</p> Signup and view all the answers

What is the court's role in assigning the property of each spouse in a dissolution of marriage proceeding?

<p>The court assigns each spouse's sole and separate property and divides community property equitably, regardless of misconduct. (B)</p> Signup and view all the answers

When the court is dividing property, which factor can it consider?

<p>All debts related to the property under consideration. (C)</p> Signup and view all the answers

What happens to community property that is not mentioned in the decree?

<p>The property is held by the parties as tenants in common. (D)</p> Signup and view all the answers

Under what circumstances can the court impress a lien on a spouse's separate property?

<p>To secure payment for community debts ordered by the court. (C)</p> Signup and view all the answers

What criteria does the court NOT consider when dividing property during divorce proceedings?

<p>Marital misconduct. (C)</p> Signup and view all the answers

What legal standing does property acquired outside the state have in a divorce proceeding?

<p>It is considered community property if it would be treated as such in-state. (C)</p> Signup and view all the answers

How does the court handle excessive expenditures or fraudulent property disposition during proceedings?

<p>They may be factored into the property division. (B)</p> Signup and view all the answers

Which of the following is a reason why the court may impress a lien on separate property?

<p>Child support or spousal maintenance allowances granted by the court. (B)</p> Signup and view all the answers

What is required for an agreement with a creditor regarding community debts secured by real property?

<p>A legal description of the real property and a copy of the note. (D)</p> Signup and view all the answers

Which statement regarding the modification of debt responsibility is true?

<p>The terms for repayment can be modified with all parties in agreement. (D)</p> Signup and view all the answers

What must a creditor provide upon receiving a written request from a spouse in a dissolution of marriage?

<p>The balance and account status of any debts identified. (B)</p> Signup and view all the answers

What happens if a party does not comply with a court order to pay debts?

<p>The court may transfer property from that spouse to compensate the other party. (D)</p> Signup and view all the answers

How long does a party have to enforce a court order to pay a debt?

<p>Two years after the debt should have been paid in full. (D)</p> Signup and view all the answers

When can a party record an agreement with a creditor that modifies repayment responsibility for community debts?

<p>When the agreement is executed and agreed upon by all parties. (C)</p> Signup and view all the answers

What is a consequence for not addressing an order to pay community debts issued by the court?

<p>The court may find the party in contempt. (A)</p> Signup and view all the answers

Which part of the court's division of property requires specific findings of fact and conclusions of law?

<p>All aspects of child support or spousal maintenance. (D)</p> Signup and view all the answers

What must be included in a court order concerning community debts during a marriage dissolution process?

<p>A statement assigning responsibility for community debts (C)</p> Signup and view all the answers

What is the nature of court orders regarding community debts?

<p>They are binding only on the spouses (B)</p> Signup and view all the answers

What may be imposed by the court to secure payment of debts assigned to one spouse?

<p>A lien against the separate property (D)</p> Signup and view all the answers

How must creditors respond to a spouse's request for information on community debts?

<p>They must provide information within 30 days (C)</p> Signup and view all the answers

What type of agreement must parties submit if they cannot agree on a debt distribution plan?

<p>A proposed debt distribution plan (B)</p> Signup and view all the answers

What document would parties use to verify agreements with creditors in a dissolution of marriage action?

<p>Agreement with creditor form (C)</p> Signup and view all the answers

What is the primary role of a credit reporting agency concerning a dissolution of marriage?

<p>To provide a credit report upon court order (A)</p> Signup and view all the answers

What might creditors require before releasing an individual's credit report in a dissolution of marriage case?

<p>Payment of a customary fee (C)</p> Signup and view all the answers

Which of the following must a debt distribution plan state?

<p>How community creditors will be paid (C)</p> Signup and view all the answers

What is a common expectation regarding the payment of community debts after a court order exists?

<p>Responsibility may still lie with both spouses and creditors (D)</p> Signup and view all the answers

What should a spouse do to facilitate identifying creditors during a divorce process?

<p>Obtain a copy of the other spouse's credit report (A)</p> Signup and view all the answers

Which of the following defines the term 'community debts' in the context of marital dissolution?

<p>All debts accumulated during the marriage (B)</p> Signup and view all the answers

What happens if the parties agree to a debt distribution plan?

<p>The plan must be submitted to the court for approval (C)</p> Signup and view all the answers

What can a court impose to ensure compliance with debt repayment?

<p>Liens on properties (D)</p> Signup and view all the answers

What is the minimum sentence duration for a spouse to be classified as a 'convicted spouse' under the provided criteria?

<p>Eighty years (B)</p> Signup and view all the answers

Which of the following statements is true regarding the award of community property in relation to a convicted spouse?

<p>The court shall not award any community property to a convicted spouse. (A)</p> Signup and view all the answers

What legal action can a spouse take if they are making payments to a convicted spouse per a property division?

<p>Petition the court to modify or cancel the ongoing payment. (C)</p> Signup and view all the answers

In the context of the community property division, under which condition could a court potentially reconsider its decision to deny awarded property to a convicted spouse?

<p>There are no conditions under which the court would reconsider that decision. (D)</p> Signup and view all the answers

Which of the following best describes the definition of 'convicted spouse'?

<p>A spouse convicted of an offense sentenced to at least eighty years or life in prison (C)</p> Signup and view all the answers

What is the primary factor the court considers when both spouses intend to allow in vitro human embryos to develop to birth?

<p>Best chance for the embryos to develop to birth (B)</p> Signup and view all the answers

In which situation will the court award the in vitro human embryos to the spouse who provided gametes?

<p>If only one spouse provided gametes and both intend to develop the embryos (A)</p> Signup and view all the answers

What happens to the spouse who is not awarded the in vitro human embryos?

<p>They have no parental responsibilities unless they provided gametes (D)</p> Signup and view all the answers

What information must a spouse who provided gametes submit if they do not consent to being a parent?

<p>Detailed health and genetic history (A)</p> Signup and view all the answers

Which definition applies to 'gamete' in the context of this statute?

<p>A sperm or an ovum (A)</p> Signup and view all the answers

If only one spouse provides gametes and neither consents to being a parent, what is the status of any child resulting from the embryos?

<p>The child cannot inherit from the non-consenting spouse (D)</p> Signup and view all the answers

What is a condition that must be met for a spouse not awarded embryos to gain parental responsibilities?

<p>Providing gametes and consenting in writing (D)</p> Signup and view all the answers

What is the resolution if both spouses provided gametes but only one wishes to develop the in vitro human embryos?

<p>The embryos are awarded to the spouse who wants to develop them (D)</p> Signup and view all the answers

Which factor is considered when determining the ability of a party to seek maintenance after the dissolution of marriage?

<p>The seeking spouse's financial resources and independence (B)</p> Signup and view all the answers

What is a relevant factor in assessing the need for maintenance concerning health insurance?

<p>The cost difference in health insurance post-dissolution (C)</p> Signup and view all the answers

Which aspect must the court consider regarding education for a spouse seeking maintenance?

<p>The time required to acquire sufficient education or training (D)</p> Signup and view all the answers

What is NOT a consideration when determining maintenance according to the presented content?

<p>The emotional state of the spouse seeking maintenance (C)</p> Signup and view all the answers

How does marital misconduct impact maintenance orders?

<p>It is completely disregarded during maintenance order considerations. (B)</p> Signup and view all the answers

Under what circumstance may a maintenance order be granted for a spouse?

<p>The spouse lacks sufficient property to meet reasonable needs. (B)</p> Signup and view all the answers

Which factor is considered when determining maintenance according to the guidelines?

<p>The standard of living established during the marriage. (A)</p> Signup and view all the answers

For how long can spousal maintenance be awarded according to the guidelines?

<p>Only for a period necessary to enable self-sufficiency. (C)</p> Signup and view all the answers

Which of the following is NOT a listed reason for seeking maintenance?

<p>Significant personal wealth from a previous marriage. (B)</p> Signup and view all the answers

What must the court find in writing to deviate from the maintenance guidelines?

<p>That applying the guidelines would be inappropriate or unjust. (C)</p> Signup and view all the answers

Which aspect of a spouse's situation is NOT explicitly considered for maintenance eligibility?

<p>The spouse's reputation in their community. (B)</p> Signup and view all the answers

What is a primary consideration in the maintenance guidelines regarding financial resources?

<p>Comparative financial resources of the spouses. (D)</p> Signup and view all the answers

Which of the following can considerably influence a maintenance order due to a spouse's contributions?

<p>The spouse made significant contributions to the other’s earning ability. (D)</p> Signup and view all the answers

What role does the support payment clearinghouse play in maintenance or support payments?

<p>It remits payments to the entitled person as ordered by the court. (A)</p> Signup and view all the answers

Which information must a party ordered to pay support notify the clerk or support payment clearinghouse of?

<p>Name and address of employer or employers. (A)</p> Signup and view all the answers

What consequence may result from failing to notify the clerk of a change in address or employment?

<p>The court may hold the person in contempt. (B)</p> Signup and view all the answers

Under what condition can the superior court disclose information about the obligor's residence and place of employment?

<p>If the court determines that the obligor is a victim of domestic violence. (C)</p> Signup and view all the answers

What must the parties affected by the order do upon the entry of that order regarding their residential address?

<p>Inform the clerk or support payment clearinghouse in writing. (C)</p> Signup and view all the answers

What can parties do if the person obligated to pay support is beyond the jurisdiction of the court?

<p>Institute another enforcement proceeding available under state laws. (C)</p> Signup and view all the answers

What type of records must the clerk or support payment clearinghouse maintain?

<p>The amount of payments, their due dates, and parties' information. (B)</p> Signup and view all the answers

What is a party required to do within ten days of a change of employment?

<p>Submit a written notification to the clerk or support payment clearinghouse. (A)</p> Signup and view all the answers

What occurs to the finality of a decree of dissolution when an appeal is made that does not challenge the finding of an irretrievably broken marriage?

<p>The finality remains intact, and the parties may remarry. (A)</p> Signup and view all the answers

In what circumstances can a decree of legal separation be converted into a decree of dissolution of marriage?

<p>Any party may file a petition under the same case number according to specific rules. (B)</p> Signup and view all the answers

What condition must be met for the court to alter property dispositions established in a legal separation when converting to a dissolution of marriage?

<p>The court must find conditions that justify reopening a judgment. (B)</p> Signup and view all the answers

What must the court do upon a party's request before the signing of a decree of dissolution?

<p>Consider the request for restoration of the former name. (B)</p> Signup and view all the answers

Which of the following statements is true regarding support or maintenance orders during the appeal process of a dissolution decree?

<p>Support orders remain enforceable despite the pending appeal. (B)</p> Signup and view all the answers

What constitutes a substantial and continuing change in circumstances for modifying maintenance or support provisions?

<p>The addition of health insurance coverage (B)</p> Signup and view all the answers

Under what condition can the court modify property disposition provisions?

<p>If conditions justify reopening a judgment (C)</p> Signup and view all the answers

What is the consequence of a party receiving maintenance remarrying?

<p>The maintenance obligation is terminated (B)</p> Signup and view all the answers

How is future support affected if a parent obligated to support a minor child dies?

<p>Support obligations may be modified or commuted (A)</p> Signup and view all the answers

What is the priority of past due support claims compared to other claims?

<p>Equal to family allowance claims (B)</p> Signup and view all the answers

What may happen to the imposition of future interest on a support judgment during a petition?

<p>It can be suspended if the petitioner has disabilities (B)</p> Signup and view all the answers

When do modifications or terminations of support provisions become effective?

<p>On the first day of the month following notice (D)</p> Signup and view all the answers

What must be shown for a modification of maintenance or support provisions to be granted?

<p>Substantial and continuing changed circumstances (C)</p> Signup and view all the answers

What is the minimum waiting period before the court can consider a motion for divorce?

<p>60 days (C)</p> Signup and view all the answers

What events trigger the start of the waiting period for considering a dissolution of marriage?

<p>Date of service of process or acceptance of process (D)</p> Signup and view all the answers

Which of the following actions is not permitted until the waiting period has elapsed?

<p>Holding a trial on the application for dissolution (B)</p> Signup and view all the answers

How does the court handle submissions made during the waiting period?

<p>They are ignored until the waiting period ends (C)</p> Signup and view all the answers

What is the primary purpose of the waiting period before holding a hearing on a dissolution application?

<p>To allow parties time to reconcile (D)</p> Signup and view all the answers

What best describes 'joint legal decision-making'?

<p>Both parents share decision-making equally unless specified otherwise. (D)</p> Signup and view all the answers

Which scenario defines 'in loco parentis' most accurately?

<p>Someone acting as a parental figure consistently over a significant period. (C)</p> Signup and view all the answers

What is the primary distinction of 'sole legal decision-making'?

<p>Only one parent holds the legal right to make major decisions. (C)</p> Signup and view all the answers

Which of the following accurately describes 'parenting time'?

<p>Scheduled access for each parent to a child during which they provide basic care. (B)</p> Signup and view all the answers

How is 'visitation' defined in this context?

<p>Scheduled time a child spends with a non-legal parent or caregiver. (A)</p> Signup and view all the answers

What must a court confirm before conducting a proceeding concerning legal decision-making or parenting time?

<p>Its authority through the uniform child custody jurisdiction and enforcement act and other applicable laws. (B)</p> Signup and view all the answers

Which individual has the authority to request legal decision-making in a proceeding for marital dissolution?

<p>A parent involved in the marital dissolution. (A)</p> Signup and view all the answers

Under what condition can a non-parent file a petition for third party rights regarding a child?

<p>If they file the petition in the county where the child permanently resides. (A)</p> Signup and view all the answers

What acts must a court comply with to establish its exclusive authority in child custody matters?

<p>The uniform child custody jurisdiction act and international abduction laws. (A)</p> Signup and view all the answers

Which of the following statements is true regarding the jurisdiction of the court in child custody proceedings?

<p>A court must verify its authority before allowing any decisions on legal decision-making. (C)</p> Signup and view all the answers

Which factor is NOT considered by the court when determining the best interests of the child?

<p>The parent’s income level. (A)</p> Signup and view all the answers

What is a key factor in determining a parent's suitability for legal decision-making and parenting time?

<p>The likelihood of the parent allowing meaningful contact with the other parent. (C)</p> Signup and view all the answers

Under what circumstance does the court NOT apply a specific provision regarding one parent's actions?

<p>When a parent is acting in good faith to protect the child from domestic violence. (A)</p> Signup and view all the answers

In a contested legal decision-making case, what must the court do?

<p>Make specific findings on the record about relevant factors. (B)</p> Signup and view all the answers

What aspect related to the child's relationships is a consideration for the court?

<p>The interaction between the child and significant persons in their life. (D)</p> Signup and view all the answers

Which condition regarding coercion in legal decision-making agreements is taken into account by the court?

<p>The nature and extent of coercion or duress used by a parent. (A)</p> Signup and view all the answers

What factor might lead to the court denying a legal decision-making or parenting time preference to a parent?

<p>If one parent intentionally misled the court to cause delays or increase costs. (B)</p> Signup and view all the answers

Which consideration is essential when assessing a child's wishes regarding legal decision-making?

<p>The child’s age and maturity level. (C)</p> Signup and view all the answers

What must the court consider when determining the best interests of the child regarding legal decision-making?

<p>The past, present, and future abilities of the parents to cooperate (C)</p> Signup and view all the answers

Which of the following statements is true regarding joint legal decision-making arrangements?

<p>The court must determine if they are logistically possible. (B)</p> Signup and view all the answers

What limitation does an order for sole legal decision-making impose on the sole decision-maker?

<p>They cannot change the court-ordered parenting time plan unilaterally. (D)</p> Signup and view all the answers

If a parent does not have sole or joint legal decision-making, what type of parenting time are they entitled to?

<p>Reasonable parenting time to maintain contact with the child (B)</p> Signup and view all the answers

In what situation can the court deny a parent's request for reasonable parenting time?

<p>If the parenting time would endanger the child's well-being (B)</p> Signup and view all the answers

What must be included in a parenting plan regarding legal decision-making?

<p>A designation of the decision-making role as either joint or sole (D)</p> Signup and view all the answers

Which of the following is NOT required in the parenting plan schedule?

<p>A list of family vacations planned for the year (C)</p> Signup and view all the answers

What role does the court play if parents cannot agree on any part of the parenting plan?

<p>The court shall determine the element that the parents cannot agree upon (B)</p> Signup and view all the answers

What is a key stipulation about shared legal decision-making in the context of parenting plans?

<p>Shared legal decision-making does not automatically imply equal parenting time (A)</p> Signup and view all the answers

Which component is essential for the periodic review of the parenting plan?

<p>A procedure established by both parents for timely reviews of the plan (D)</p> Signup and view all the answers

What is the primary consideration for the court when assessing evidence of domestic violence in custody cases?

<p>The best interests of the child (A)</p> Signup and view all the answers

Under which condition can joint legal decision-making still be awarded despite significant domestic violence?

<p>If both parents have not committed domestic violence (B)</p> Signup and view all the answers

Which of the following factors would NOT be considered by the court when determining domestic violence?

<p>Opinion polls on domestic violence (D)</p> Signup and view all the answers

Which statement is true regarding the rebuttable presumption related to a parent's history of domestic violence?

<p>It assumes the violent parent is unfit for joint decision-making. (A)</p> Signup and view all the answers

What type of behavior can lead the court to issue an ex parte order of protection?

<p>Threatening to harm the child or other parent (C)</p> Signup and view all the answers

What is a key factor the court will consider to determine if the presumption against joint legal decision-making has been rebutted?

<p>Demonstration of the child's best interests (B)</p> Signup and view all the answers

Which action could be considered an act of domestic violence according to the established definitions?

<p>Placing a person in fear of imminent harm (A)</p> Signup and view all the answers

What type of report would be considered relevant evidence in a domestic violence case?

<p>Police reports (A)</p> Signup and view all the answers

What must a parent who committed an act of domestic violence prove to the court?

<p>That parenting time will not endanger the child or impair emotional development (B)</p> Signup and view all the answers

Which condition may the court NOT impose on parenting time for a parent with a history of domestic violence?

<p>Allow overnight parenting time (C)</p> Signup and view all the answers

What should a court do if it believes a child may be a victim of abuse or neglect?

<p>Request the involvement of the department of child safety (B)</p> Signup and view all the answers

What is NOT an option available to the court regarding parenting time conditions for a parent who has committed domestic violence?

<p>Facilitate joint counseling for the victim and perpetrator (D)</p> Signup and view all the answers

What condition may a court impose to ensure a safe exchange of the child?

<p>Order that exchanges occur in a protected setting specified by the court (B)</p> Signup and view all the answers

Which of the following conditions can the court enforce before parenting time begins for a parent with a domestic violence history?

<p>Mandate attendance in a program for perpetrators of domestic violence (C)</p> Signup and view all the answers

When assessing whether to limit a parent's legal decision-making based on their absence or relocation, what factor may the court consider?

<p>Whether the absence was influenced by domestic violence from the other parent (C)</p> Signup and view all the answers

What is one of the primary obligations of the court regarding the victim of domestic violence?

<p>To provide written information about community resources related to domestic violence (C)</p> Signup and view all the answers

What evidence must the court consider when determining whether a parent has rebutted the presumption against legal decision-making due to substance abuse?

<p>Results of alcohol or drug screenings from accredited facilities. (A)</p> Signup and view all the answers

Which of the following findings must the court state when determining legal decision-making rights for a parent with a substance abuse conviction?

<p>Findings of fact supporting the determination of drug abuse. (C)</p> Signup and view all the answers

What minimum duration of random drug testing results may help a parent rebut the presumption of substance abuse in legal decision-making?

<p>Six months indicating no use of proscribed drugs. (C)</p> Signup and view all the answers

What type of conviction can lead to a rebuttable presumption against a parent's legal decision-making rights regarding their child?

<p>Any drug offense under title 13, chapter 34. (C)</p> Signup and view all the answers

Which of the following scenarios is most likely to support a parent’s legal decision-making rights concerning a child's best interests?

<p>The parent has no drug convictions and has passed six months of random drug testing. (A)</p> Signup and view all the answers

Under what condition can a court grant a person sole or joint legal decision-making of a child if that person is a registered sex offender?

<p>If the court finds no significant risk to the child and states its reasons in writing. (B)</p> Signup and view all the answers

What factors may the court consider when determining the risk posed by a parent convicted of murder?

<p>Evidence that the convicted parent was a victim of domestic violence. (D)</p> Signup and view all the answers

What is the required method for a parent or custodian to notify the other parent about a convicted sex offender's potential access to the child?

<p>Using first class mail, electronic mail, or other court-accepted communication. (C)</p> Signup and view all the answers

What is a primary reason a court would deny a parent unsupervised parenting time if that parent has been convicted of first-degree murder?

<p>The victim of the murder was the other parent of the child. (B)</p> Signup and view all the answers

Which statement is true regarding the documentation a court must provide when deciding on legal decision-making for a child?

<p>The court must state its reasons in writing if it finds no significant risk. (C)</p> Signup and view all the answers

What obligation does a parent have if they refuse a reasonable request for access to their child's records?

<p>Reimburse the requesting parent for legal costs. (B)</p> Signup and view all the answers

Under what condition can a parent designate a specific pharmacy for their child's prescriptions?

<p>With mutual agreement from the other parent. (A)</p> Signup and view all the answers

What consequence faces a parent attempting to restrict the release of a child's documents without court order?

<p>They may face legal sanctions. (D)</p> Signup and view all the answers

How are both parents expected to access their child's prescription medication records?

<p>Directly from the custodian of the records or the other parent. (A)</p> Signup and view all the answers

What is the primary condition under which both parents have equal rights to access information regarding their child's health?

<p>Unless otherwise specified by a court order or law. (B)</p> Signup and view all the answers

What role does the designation of a primary caretaker serve in the context of public assistance?

<p>It establishes eligibility for public assistance. (B)</p> Signup and view all the answers

How does the identification of a primary caretaker affect the legal decision-making or parenting time order?

<p>It has no bearing on ongoing legal proceedings. (D)</p> Signup and view all the answers

What does the court's finding of a primary home imply for the child in terms of public assistance eligibility?

<p>It is crucial for determining the financial support the child can receive. (D)</p> Signup and view all the answers

What implications does the identification of a primary caretaker have on parental rights?

<p>It does not alter the existing parental rights of either parent. (A)</p> Signup and view all the answers

Which of the following statements is true regarding the court's authority concerning the primary caretaker designation?

<p>The designation can only be modified through a formal legal process. (B)</p> Signup and view all the answers

What can a court do if it identifies a financial disparity between two parties in a legal proceeding?

<p>Require the party with more resources to pay the other party's attorney fees (C)</p> Signup and view all the answers

Which of the following fees may a party request in a legal proceeding concerning legal decision-making or parenting time?

<p>Costs for expert witness testimony (D)</p> Signup and view all the answers

When can a party request fees to prepare evidence for a legal hearing?

<p>At any point during the proceeding (A)</p> Signup and view all the answers

What is a requirement for a party to receive payment of attorney fees from the court?

<p>Proving a financial disparity with the other party (C)</p> Signup and view all the answers

What type of fees can be specifically requested for enabling adequate legal preparation?

<p>Costs for obtaining expert witnesses (A)</p> Signup and view all the answers

What is the primary factor that determines the amount of child support in a parenting time order?

<p>Guidelines established in accordance with specific laws (D)</p> Signup and view all the answers

Which statement accurately reflects the responsibilities of parents under a joint legal decision-making plan?

<p>Both parents are equally responsible for providing financial support regardless of custody arrangement. (D)</p> Signup and view all the answers

What is a critical implication of the parenting time orders concerning child support obligations?

<p>Child support obligations are independent of the parenting arrangement. (A)</p> Signup and view all the answers

In a case where a parenting time order is established, what must the court take into consideration regarding child support?

<p>Legal guidelines and the given circumstances per specific sections (A)</p> Signup and view all the answers

What is an outcome of a court granting a joint legal decision-making order?

<p>It creates equal responsibility for both parents to support the child financially. (C)</p> Signup and view all the answers

Under what condition can a temporary legal decision-making or parenting time order be vacated after a proceeding for dissolution of marriage or legal separation is dismissed?

<p>If a motion is filed to continue the proceeding as a legal decision-making or parenting time proceeding. (C)</p> Signup and view all the answers

What must occur for a court to access temporary legal decision-making and parenting time based solely on pleadings?

<p>There must be no objection to the motion filed by either party. (C)</p> Signup and view all the answers

What happens to a temporary custody order if a legal decision-making or parenting time proceeding is dismissed without a related petition for dissolution?

<p>It is vacated immediately upon dismissal. (B)</p> Signup and view all the answers

What document must a party provide to support a motion for a temporary order in legal decision-making or parenting time proceedings?

<p>Pleadings as outlined in section 25-411. (B)</p> Signup and view all the answers

Which factor primarily guides the court's decision when awarding temporary legal decision-making and parenting time?

<p>The best interest of the child. (B)</p> Signup and view all the answers

What is the purpose of the court interviewing a child in chambers?

<p>To ascertain the child's wishes regarding custody and parenting time (C)</p> Signup and view all the answers

What must the advice given by professional personnel to the court be?

<p>Written and accessible to counsel upon request (D)</p> Signup and view all the answers

Under what condition can counsel examine professional personnel consulted by the court?

<p>As long as the right to examine is not waived (B)</p> Signup and view all the answers

Which of the following is true regarding the court's ability to seek professional advice?

<p>The court has discretion whether to consult professionals at all (B)</p> Signup and view all the answers

Which aspect of a child’s preferences can the court ascertain through interviews?

<p>The child's wishes regarding custodial arrangements (B)</p> Signup and view all the answers

What is the primary purpose of the court interviewing a child in chambers?

<p>To determine the child's wishes regarding custodian and parenting time (D)</p> Signup and view all the answers

What is required of the professional personnel consulted by the court?

<p>Their advice should be documented in writing (D)</p> Signup and view all the answers

In what scenario could the court decide not to seek advice from professional personnel?

<p>When the child's wishes are unequivocal (B)</p> Signup and view all the answers

What can limit the accessibility of the professional advice to counsel?

<p>Terms determined by the court (B)</p> Signup and view all the answers

What must a parent provide before relocating a child outside the state if there is a joint legal decision-making agreement?

<p>At least forty-five days' notice (B)</p> Signup and view all the answers

Which method is NOT acceptable for providing the required notice of relocation to the other parent?

<p>Email notification (D)</p> Signup and view all the answers

What recourse does a nonmoving parent have after receiving notification of relocation?

<p>Petition the court to prevent relocation within thirty days (D)</p> Signup and view all the answers

If a child is relocated, what is required of all parties unless otherwise ordered by the court?

<p>They must comply with existing court orders (A)</p> Signup and view all the answers

Under what condition can a parent temporarily relocate with a child with less than forty-five days' notice?

<p>Due to health or safety circumstances (A)</p> Signup and view all the answers

Which of the following statements about relocation agreements is true?

<p>They are valid if made by court order or written agreement within one year of proposed relocation. (C)</p> Signup and view all the answers

What happens if a parent does not comply with the notification requirements for relocation without good cause?

<p>The court may sanction them affecting legal decision-making or parenting time. (D)</p> Signup and view all the answers

What is the primary consideration for the court when sanctioning a parent for non-compliance with relocation notice?

<p>The child’s best interests (A)</p> Signup and view all the answers

What is required for a parent to temporarily relocate with their child if there is a joint legal decision-making agreement?

<p>A written agreement executed by both parents is necessary. (A)</p> Signup and view all the answers

Which factor is NOT considered by the court when determining the child's best interests for relocation?

<p>The current employment status of the other parent. (B)</p> Signup and view all the answers

What is the burden of proof placed upon the parent seeking to relocate with the child?

<p>The parent must establish that the child's best interests are served by the move. (D)</p> Signup and view all the answers

What presumption exists regarding provisions in a parenting plan related to relocation?

<p>They are presumed to be in the child's best interests unless proven otherwise. (B)</p> Signup and view all the answers

In assessing whether to allow relocation, which of the following is considered by the court?

<p>The emotional impact on the child and their developmental needs. (D)</p> Signup and view all the answers

How does the court ensure the continuation of the child's relationship with both parents following relocation?

<p>By implementing specific visitation schedules that must be adhered to. (B)</p> Signup and view all the answers

Under what condition may the court deviate from a written agreement regarding relocation?

<p>If it can be shown that the circumstances have materially changed. (C)</p> Signup and view all the answers

What type of agreements may restrict or allow relocation of a child?

<p>Parenting plans or other written agreements specifically detailing relocation. (C)</p> Signup and view all the answers

What must the court include in temporary modification orders resulting from a military parent's deployment?

<p>A specific transition schedule for returning to the predeployment order (C)</p> Signup and view all the answers

Under what conditions can a military parent delegate parenting time during deployment?

<p>If the court finds it is in the child's best interest (D)</p> Signup and view all the answers

What happens after a military parent's deployment ends regarding the existing court order?

<p>Either parent can file to modify the order as per their needs (A)</p> Signup and view all the answers

What must occur if one parent is charged with a dangerous crime against children in relation to parenting time?

<p>The court may suspend parenting time or alter legal decision-making ex parte (A)</p> Signup and view all the answers

What is required for a military parent to present testimony regarding parenting time during deployment?

<p>The court must allow the use of telephone or video teleconference (B)</p> Signup and view all the answers

What actions must parties take before the court can modify parenting time rights?

<p>Attempt to resolve disputes through the parenting plan's dispute resolution process (B)</p> Signup and view all the answers

What must be included in a court decree related to a parent's military deployment outside of the continental United States?

<p>Details governing the minor child's decision-making and parenting time arrangements (D)</p> Signup and view all the answers

What is the maximum timeframe for the court to hold a hearing on a petition filed after a military deployment ends?

<p>30 days (A)</p> Signup and view all the answers

What should be included in an affidavit or verified petition for modifying parenting time or decision-making order?

<p>Detailed facts supporting the requested modification (A)</p> Signup and view all the answers

What consequences may a party face if the court finds a modification action vexatious?

<p>Requirement to pay the other party's attorney fees and costs (B)</p> Signup and view all the answers

What must a person demonstrate to modify a legal decision-making or parenting time decree within the first year of its establishment?

<p>Affidavits indicating serious endangerment to the child's well-being. (B)</p> Signup and view all the answers

Under what circumstance can a parent petition for a modification of a joint legal decision-making order after six months?

<p>Non-compliance by the other parent with the existing order. (D)</p> Signup and view all the answers

What is the minimum duration a court must wait to modify parental rights and responsibilities after a military parent receives deployment orders?

<p>Ninety days after the deployment ends. (B)</p> Signup and view all the answers

Which statement accurately reflects the court's consideration regarding a parent's military deployment when assessing a modification request?

<p>A parent's absence cannot be the sole factor for modification. (C)</p> Signup and view all the answers

What type of evidence allows a parent to petition the court for a change in a joint legal decision-making order if there has been an incident of domestic violence?

<p>Affidavits demonstrating recent domestic violence events. (B)</p> Signup and view all the answers

If a non-deploying parent seeks to modify parenting time during the deploying parent's absence, under what condition will the court consider such a request?

<p>After a hearing where both parents present evidence. (C)</p> Signup and view all the answers

What is necessary for a court to consider when a military parent is absent due to deployment in relation to a child's best interest?

<p>The deploying parent's military family care plan. (D)</p> Signup and view all the answers

What must be substantiated in an affidavit if a parent seeks an early modification of a parenting decree on the basis of the child's well-being?

<p>Reasonable belief that the child's environment endangers their health. (C)</p> Signup and view all the answers

What is one potential action the court may take if a parent is found to have violated a visitation or parenting time order?

<p>Order the violating parent to undergo parenting classes at their expense (D)</p> Signup and view all the answers

What is the maximum civil penalty that can be imposed for each violation of visitation or parenting time rights?

<p>One hundred dollars (C)</p> Signup and view all the answers

Which of the following must the court do within twenty-five days after serving a petition regarding noncompliance with visitation orders?

<p>Hold a hearing or conference to review the noncompliance (D)</p> Signup and view all the answers

What costs are the violating parent responsible for if the custodial parent prevails in a noncompliance case?

<p>All court costs and attorney fees associated with the review (D)</p> Signup and view all the answers

In which situation would the court most likely order mediation or alternative dispute resolution?

<p>If the court finds that it may promote the best interests of the child (C)</p> Signup and view all the answers

What must be demonstrated by an aggrieved party to impose additional financial sanctions under litigation misconduct?

<p>Proof of economic loss directly attributable to the litigant's misconduct (B)</p> Signup and view all the answers

Under what condition may the court decide not to sanction a litigant for violating a court order compelling disclosure or discovery?

<p>If the failure to obey the order was substantially justified or other circumstances make an award of expenses unjust (B)</p> Signup and view all the answers

What does NOT qualify as a false claim under the provisions related to litigation misconduct?

<p>A claim that is unsubstantiated (B)</p> Signup and view all the answers

Which of the following actions can a court take independently if it finds a litigant guilty of misconduct?

<p>Institute civil contempt proceedings (D)</p> Signup and view all the answers

What must a court find in order to impose sanctions for litigation misconduct related to false accusations?

<p>That the litigant knowingly accused an adverse party of making a false claim that was actually true (C)</p> Signup and view all the answers

What is the consequence of failing to appear when an appearance bond is set by the court?

<p>The bond is forfeited and credited against support owed. (D)</p> Signup and view all the answers

Which form of payment is acceptable if a previous payment was dishonored?

<p>Cashier's check (B)</p> Signup and view all the answers

In what scenario may a court require an obligor to give security or post bond for overdue support?

<p>If an income withholding order fails to secure timely payment and six months of support has accrued. (D)</p> Signup and view all the answers

What initiates the accrual of child support obligations if not explicitly stated in the court order?

<p>On the first day of the month following the entry of the order. (D)</p> Signup and view all the answers

Which method is NOT allowed for making child support payments if a prior payment was dishonored?

<p>Credit card (B)</p> Signup and view all the answers

How long must a party demonstrate full and timely payment to switch to regularly accepted forms of payment?

<p>24 consecutive months (C)</p> Signup and view all the answers

What must be done before directing payment to the child support payment clearinghouse?

<p>Notify the party entitled to receive support. (C)</p> Signup and view all the answers

What can the department collect from the drawer of a dishonored payment?

<p>An amount allowed pursuant to section 44-6852. (D)</p> Signup and view all the answers

What is the time frame for a party to file a request for a hearing if there is a dispute about the arrears amount?

<p>Twenty days after service in this state (A)</p> Signup and view all the answers

What happens to child support arrearages if the obligee marries the obligor of the order?

<p>The order automatically terminates at the end of the month of marriage. (D)</p> Signup and view all the answers

Under which condition may the clerk or support payment clearinghouse return unassigned payments to the obligor?

<p>If payment delivery fails for more than one hundred twenty days due to the obligee's failure to notify of an address change. (A)</p> Signup and view all the answers

When does a child's emancipation occur according to this chapter?

<p>Upon the child's marriage, eighteenth birthday, or adoption (A)</p> Signup and view all the answers

What must be included in the request for judgment of arrearages?

<p>The name of the party obligated to pay support and the amount of arrearages (B)</p> Signup and view all the answers

What should the department or its agent do in a title IV-D case when seeking to serve parties?

<p>Serve all parties by certified mail, return receipt requested (A)</p> Signup and view all the answers

What happens if a party does not file a request for a hearing within the specified time frame after service?

<p>The court may grant judgment against the party obligated to pay. (C)</p> Signup and view all the answers

What is the role of the affidavit submitted with the request for judgment of arrearages?

<p>To indicate the name of the party obligated to pay and the arrearages amount (A)</p> Signup and view all the answers

What is the sequence of allocating child support payments when the obligor has multiple family obligations?

<p>Allocate based on the percentage of total obligations per family. (C)</p> Signup and view all the answers

Under what circumstance can a court modify or terminate a child support order?

<p>When there is a demonstrated substantial and continuing changed circumstance. (D)</p> Signup and view all the answers

What is the effect of vacating a support obligation resulting from a finding of fraud in paternity establishment?

<p>It only affects future payments and does not alter arrearage obligations. (C)</p> Signup and view all the answers

What action allows for a periodic review and adjustment of child support payments in a title IV-D case?

<p>A request made every three years without specific change evidence. (B)</p> Signup and view all the answers

What must the obligor prove if they claim unreasonable delay in collection efforts after ten years post-emancipation?

<p>That the obligee intentionally delayed collection. (D)</p> Signup and view all the answers

What is the court's jurisdiction over a support obligation established by paternity fraud?

<p>The support obligation remains enforceable until proven otherwise. (C)</p> Signup and view all the answers

What criteria does the court use to determine if a relinquishment of custody is voluntary in child support enforcement cases?

<p>The absence of domestic violence or custodial interference. (C)</p> Signup and view all the answers

What is the role of the department or its agent regarding child support after the obligor has missed payments?

<p>They may notify the parties of the right to seek review of the support order. (A)</p> Signup and view all the answers

What can happen if the obligor can prove unreasonable delays in child support arrears collection efforts?

<p>The court may rule that the debt is no longer collectible. (A)</p> Signup and view all the answers

What essential requirement must be met for a child support order to be enforceable?

<p>Each installment of child support should be vested as it falls due. (B)</p> Signup and view all the answers

What is excluded from an obligor's future support obligations if their paternity is vacated?

<p>All arrearages paid prior to the ruling. (C)</p> Signup and view all the answers

What can be included in an order of modification for child support if requested by the prevailing party?

<p>An award for attorney fees and court costs. (C)</p> Signup and view all the answers

What evidence may support a petition alleging paternity fraud?

<p>Documentation supporting allegations of duress in paternity establishment. (B)</p> Signup and view all the answers

For support modifications requested sooner than three years, what is necessary for the petitioner to demonstrate?

<p>A substantial and continuing change in circumstances. (A)</p> Signup and view all the answers

What is included in a limited income withholding order that directs the employer, payor, or holder to withhold payments?

<p>The amount of current support and any arrearages owed by the obligor. (A)</p> Signup and view all the answers

Within what time frame must an employer, payor, or holder send a copy of the limited income withholding order to the obligor?

<p>Within ten days after service on the employer, payor, or holder. (C)</p> Signup and view all the answers

Which of the following is NOT categorized as a 'lump sum payment' under limited income withholding orders?

<p>Retirement fund contributions. (A)</p> Signup and view all the answers

What right is explicitly granted to the obligor concerning the limited income withholding order?

<p>The right to an administrative review of the order. (A)</p> Signup and view all the answers

What must the employer, payor, or holder do upon receiving a limited income withholding order according to the regulations?

<p>Withhold the amount specified and transmit it to the support payment clearinghouse immediately. (C)</p> Signup and view all the answers

What types of court orders can be enforced using a lien, execution, or garnishment?

<p>Any judgment related to family law matters (A)</p> Signup and view all the answers

What is required to be filed with the clerk of the superior court to enforce a support order?

<p>An affidavit regarding all payments in default (A)</p> Signup and view all the answers

Which statement is true regarding fees related to the enforcement of support orders?

<p>A fee may not be charged by state departments for necessary enforcement actions. (D)</p> Signup and view all the answers

In what scenarios can enforcement remedies be applied according to the law?

<p>In proceedings related to alimony, spousal maintenance, and child support (A)</p> Signup and view all the answers

What must be included when filing to enforce a support order, apart from the affidavit?

<p>A copy of the underlying support order (C)</p> Signup and view all the answers

What is the classification for a parent who knowingly fails to provide reasonable support for their minor child?

<p>Class 6 felony (B)</p> Signup and view all the answers

Under what circumstance can inability to furnish reasonable support be used as a defense?

<p>Defendant has complied with a valid court order (C)</p> Signup and view all the answers

In assessing whether a parent has failed to furnish reasonable support, what evidence may the trier of fact consider?

<p>Previous employment and any physical or mental disabilities (A)</p> Signup and view all the answers

Which of the following is NOT a circumstance where inability to furnish support can be used as a defense?

<p>Defendant voluntarily decreased their income (B)</p> Signup and view all the answers

For noncustodial parents under the age of eighteen, under which condition does the inference of capability for full-time employment not apply?

<p>If they are still attending high school (B)</p> Signup and view all the answers

What is the classification of failing to comply with a spousal maintenance order when one has knowledge of the order?

<p>Class 1 misdemeanor (C)</p> Signup and view all the answers

What must a person demonstrate to avoid being guilty of a class 1 misdemeanor for violating a spousal maintenance order?

<p>Lawful excuse for the failure to comply (B)</p> Signup and view all the answers

Which of the following elements is NOT required for a person to be guilty of violating a spousal maintenance order?

<p>The failure to comply must be intentional (A)</p> Signup and view all the answers

In the context of violation of a spousal maintenance order, which scenario would likely NOT lead to a classification as a class 1 misdemeanor?

<p>The person pays maintenance but misses one payment due to illness (A)</p> Signup and view all the answers

What does it imply if a person is found guilty of a class 1 misdemeanor for failing to comply with a spousal maintenance order?

<p>They had notice of the order and acted intentionally (B)</p> Signup and view all the answers

What is the maximum frequency at which a party can make a request for information regarding child support obligations?

<p>Once every three months (B)</p> Signup and view all the answers

Which of the following is NOT a purpose for which a party may request information under the child support enforcement program?

<p>To find out financial details of the obligor's assets (D)</p> Signup and view all the answers

What is the legal consequence for a party that requests information for purposes other than those prescribed?

<p>A class 1 misdemeanor (A)</p> Signup and view all the answers

Who is allowed to deliver requests for information electronically according to the regulations outlined in the child support enforcement program?

<p>The department or its agent (C)</p> Signup and view all the answers

What information may an employer be required to provide upon request from the department concerning child support enforcement?

<p>Last known electronic contact information (A)</p> Signup and view all the answers

What information must an employer provide within twenty days of a written request concerning a person obligated to pay support?

<p>Social security number and current address (D)</p> Signup and view all the answers

Which of the following statements is true regarding the provision of information requested under subsection A?

<p>Paternity must be established before requesting certain information (C)</p> Signup and view all the answers

What can a requesting party receive if the employer fails to cooperate as required?

<p>Costs and attorney fees for obtaining the required information (A)</p> Signup and view all the answers

Under what condition can a requesting party not obtain address information from an employer?

<p>If the address is protected by a court order in a domestic violence matter (C)</p> Signup and view all the answers

What specific information is NOT required to be included in the employer's response to the request?

<p>Personal references from the employee (C)</p> Signup and view all the answers

Which of the following is true about the obligations of an employer when responding to a child support enforcement request?

<p>They are required to provide specified information within a limited timeframe (B)</p> Signup and view all the answers

Which of the following types of financial information must be disclosed if paternity is established?

<p>Other benefits including disability payments (C)</p> Signup and view all the answers

What must an employer NOT verify before releasing information requested pursuant to subsection A?

<p>The existence of a court order of protection (C)</p> Signup and view all the answers

Which statement accurately describes the priority given to judgments resulting from child support enforcement actions?

<p>They take precedence over all other judgments upon recording. (C)</p> Signup and view all the answers

What is necessary for the priority of a child support judgment to become effective?

<p>Recording a certified copy with the county recorder. (D)</p> Signup and view all the answers

How do judgments enforcing prior recorded mortgages compare to child support judgments?

<p>They only have priority if recorded before the child support judgment. (B)</p> Signup and view all the answers

In what circumstance do actions pursuant to this article gain priority?

<p>Unless specified otherwise by statute. (B)</p> Signup and view all the answers

Which of the following statements about the priority of actions is false?

<p>All civil actions are treated equally under this article. (D)</p> Signup and view all the answers

What type of property does a child support order create a lien on for the obligor?

<p>All property currently owned and later acquired (A)</p> Signup and view all the answers

How does the department establish a lien on the obligor's property?

<p>By filing a child support order with the county recorder (B)</p> Signup and view all the answers

What must accompany the recording of the order to pay child support?

<p>The information statement of the judgment creditor (A)</p> Signup and view all the answers

What happens if an obligor contests the provided payoff amount?

<p>The obligor can request an administrative review (A)</p> Signup and view all the answers

Which of the following statements is true about the priority of liens?

<p>Child support liens take priority over most liens except for certain mortgages (A)</p> Signup and view all the answers

What evidence does the department provide to show that a property has been released from a lien?

<p>Notice from the department stating the release (D)</p> Signup and view all the answers

Which of the following is NOT true regarding the release of a lien by the department?

<p>The release fulfills any unpaid support obligations (A)</p> Signup and view all the answers

What is the time limit within which an obligor must file for reimbursement after the termination of their support obligation?

<p>24 months (B)</p> Signup and view all the answers

What must the court determine to issue a judgment for reimbursement against the obligee?

<p>The obligor has made excess payments and settled all arrearages. (B)</p> Signup and view all the answers

How must the obligee pay the judgment for reimbursement issued by the court?

<p>Directly to the obligor. (C)</p> Signup and view all the answers

What distinguishes a judgment for reimbursement from a regular support judgment?

<p>It is treated the same as a civil judgment. (C)</p> Signup and view all the answers

What condition must be fulfilled for the court to send a copy of the reimbursement judgment to the department or its agent?

<p>All arrearages and interest on arrearages must be satisfied. (B)</p> Signup and view all the answers

Which of the following statements accurately describes the consideration of federal disability benefits in spousal maintenance determinations?

<p>Federal disability benefits are completely disregarded in spousal maintenance decisions. (A)</p> Signup and view all the answers

In the context of spousal maintenance, what is the definition of 'requesting party'?

<p>The person who filed a motion for spousal maintenance. (B)</p> Signup and view all the answers

How do veterans disability benefits impact the calculation of spousal maintenance according to the relevant regulations?

<p>They are excluded from the considerations for spousal maintenance. (B)</p> Signup and view all the answers

Which legal code sections pertain to the federal disability benefits that are not considered in spousal maintenance determinations?

<p>10 United States Code section 1413a and 38 United States Code chapter 11 (B)</p> Signup and view all the answers

Which aspect does NOT influence the court’s decision regarding the amount of spousal maintenance awarded?

<p>The federal disability benefits of the other spouse. (A)</p> Signup and view all the answers

What type of assistance may the clerk of the court provide to collect spousal maintenance?

<p>Information on collection and enforcement procedures (C)</p> Signup and view all the answers

Which of the following services is NOT provided by the clerk of the court related to spousal maintenance?

<p>Preparing legal documents for spousal maintenance modification (C)</p> Signup and view all the answers

In the context of collecting spousal maintenance, what service can the clerk of the court utilize?

<p>Intercepting taxpayer's state income tax refunds (B)</p> Signup and view all the answers

Which statement accurately reflects a service provided by the clerk of the court?

<p>Assisting with preparation of forms for enforcement actions (A)</p> Signup and view all the answers

What type of referrals might the clerk of the court provide related to spousal maintenance?

<p>Services related to debt collection and enforcement (D)</p> Signup and view all the answers

What legal actions can a spouse initiate at any time according to the provided content?

<p>File for legal separation or dissolution of marriage (D)</p> Signup and view all the answers

When can the court enter temporary orders related to support or spousal maintenance?

<p>At any time after a petition for legal separation or dissolution has been filed (A)</p> Signup and view all the answers

Which of the following statements about temporary orders for support is accurate?

<p>Temporary orders are binding until modified or terminated by the court (B)</p> Signup and view all the answers

What must happen before a court can issue temporary orders for spousal maintenance?

<p>A legal petition must be filed for separation or dissolution (A)</p> Signup and view all the answers

Which scenario allows a spouse to file a petition according to the content's guidelines?

<p>At any point during the marriage or after separation (A)</p> Signup and view all the answers

What must occur if a jurisdiction question is raised in a child custody proceeding?

<p>It must be given priority on the calendar. (A)</p> Signup and view all the answers

What is the requirement placed on courts concerning jurisdiction questions in custody proceedings?

<p>They must handle it expeditiously upon request. (C)</p> Signup and view all the answers

Who has the authority to request priority handling of a jurisdiction question in custody proceedings?

<p>Any party involved in the custody proceeding. (B)</p> Signup and view all the answers

What is the implication of a jurisdiction question being prioritized in child custody proceedings?

<p>It ensures that the question is addressed in a timely manner. (D)</p> Signup and view all the answers

What does 'handled expeditiously' imply in the context of jurisdiction questions in custody proceedings?

<p>It emphasizes the need for quick resolution of jurisdictional issues. (D)</p> Signup and view all the answers

Which condition allows a court in this state to make an initial child custody determination?

<p>The child has a significant connection with this state despite being absent. (A)</p> Signup and view all the answers

What must be true for jurisdiction to be established under paragraph 2?

<p>The child and at least one parent must have a significant connection to this state. (B)</p> Signup and view all the answers

Which of the following statements correctly summarizes the exclusive jurisdictional basis for child custody determinations?

<p>This state has exclusive jurisdiction only if other states decline to exercise theirs. (D)</p> Signup and view all the answers

Which of the following is NOT a consideration for establishing jurisdiction under paragraph 1?

<p>The child's return to this state after being absent. (D)</p> Signup and view all the answers

What does the subsection A state about physical presence regarding custody determinations?

<p>Physical presence is neither necessary nor sufficient for jurisdictional establishment. (C)</p> Signup and view all the answers

What must a court of this state ascertain before modifying a child custody determination from another state?

<p>Whether it has jurisdiction for an initial determination and certain conditions are met (B)</p> Signup and view all the answers

What condition allows a court of this state to modify a child custody order from another state?

<p>The child, parents, and acting parents no longer reside in the original state (D)</p> Signup and view all the answers

Under which scenario can a court of this state conclude that it would be a more convenient forum for custody determinations?

<p>If the original court has lost jurisdiction and the information is readily available (B)</p> Signup and view all the answers

Which of the following does NOT provide grounds for modifying a custody determination made by a court of another state?

<p>A third party claims parental rights over the child (D)</p> Signup and view all the answers

What aspect is crucial for a court of this state to be able to modify a custody determination from another state?

<p>An established legal basis for initial jurisdiction in this state (C)</p> Signup and view all the answers

Under what circumstances does a court of this state have temporary emergency jurisdiction?

<p>If the child is present and there are threats of mistreatment. (A)</p> Signup and view all the answers

What happens to a child custody determination made under emergency jurisdiction if there's no prior custody determination?

<p>It remains in effect until overridden by another court. (B)</p> Signup and view all the answers

What must a court specify when issuing an order under this section if there is a previous custody determination?

<p>A time period to obtain an order from the appropriate jurisdiction. (D)</p> Signup and view all the answers

If a child custody proceeding has not been started in a state with jurisdiction, what happens to a determination under this section?

<p>It becomes a final determination if specified. (B)</p> Signup and view all the answers

What is required from a court when informed of ongoing custody proceedings in another state?

<p>It must communicate with the other court. (B)</p> Signup and view all the answers

When can a temporary emergency jurisdiction order cease to have effect?

<p>When a higher court in another state issues an order. (B)</p> Signup and view all the answers

What is the significance of the term 'home state' in relation to temporary emergency jurisdiction?

<p>It is the state the child has lived in for the last six months. (C)</p> Signup and view all the answers

What must be stated explicitly in an emergency custody order to ensure enforceability?

<p>A specific duration for the order's validity. (C)</p> Signup and view all the answers

What must take place if a court determines it is an inconvenient forum?

<p>The court shall stay proceedings and require another state to handle the case. (B)</p> Signup and view all the answers

Which factor is NOT considered when evaluating if another court should assume jurisdiction?

<p>The personal preferences of the parties regarding court location. (A)</p> Signup and view all the answers

Which situation would allow a court to maintain jurisdiction despite determining that it is an inconvenient forum?

<p>When the parties jointly agree to adjudication in the current state. (C)</p> Signup and view all the answers

What must a court assess before deciding if it is an inconvenient forum?

<p>Whether the court can better protect the parties from domestic violence. (A)</p> Signup and view all the answers

Under what condition can a court decline jurisdiction if child custody is incidental to another matter?

<p>If both parties agree to transfer jurisdiction. (A)</p> Signup and view all the answers

What is the responsibility of the court when determining appropriate jurisdiction for child custody?

<p>The court must allow parties to submit relevant information. (D)</p> Signup and view all the answers

Which of the following is NOT one of the relevant factors a court must consider?

<p>The local climate of the potential jurisdictional state. (A)</p> Signup and view all the answers

What action may a court take if it determines that another state is a more suitable jurisdiction for a custody case?

<p>Impose conditions for staying proceedings while the other state starts its process. (C)</p> Signup and view all the answers

What must a court specify in its order when enforcing visitation provisions without a specific schedule?

<p>The duration for which the order will remain effective (C)</p> Signup and view all the answers

Under what circumstance may a court issue a temporary order enforcing visitation?

<p>When a child custody determination from another state exists (D)</p> Signup and view all the answers

What action terminates a temporary visitation order issued by a court of this state?

<p>An order from a court with jurisdiction (A), Expiration of the specified time period (C)</p> Signup and view all the answers

What is NOT a condition under which a court may enforce visitation provisions?

<p>The existence of conflicting custody agreements (C)</p> Signup and view all the answers

What does a court NOT need to ensure when it issues an order enforcing visitation provisions from another state?

<p>Legal representation for both parties (D)</p> Signup and view all the answers

Under what circumstances can a support order be issued by a responding tribunal if none has been established?

<p>If the individual seeking the order resides outside the state. (C)</p> Signup and view all the answers

Which of the following individuals may be subject to a temporary child support order?

<p>A presumed father who is petitioning to have paternity adjudicated. (A)</p> Signup and view all the answers

What must be established for the tribunal to issue a support order directed at an obligor?

<p>Evidence that the obligor owes a duty of support. (B)</p> Signup and view all the answers

Which condition does NOT qualify an individual to be ordered to pay child support?

<p>Being unrelated to the child but residing with the child's mother. (C)</p> Signup and view all the answers

Which statement accurately reflects the conditions under which a support order may be issued?

<p>A support order can be issued regardless of the parties' residence if the tribunal has jurisdiction. (A)</p> Signup and view all the answers

What is NOT a responsibility of the Arizona long-term care system administration?

<p>Managing the financial assets of programs (D)</p> Signup and view all the answers

Which of the following is required by federal law for the Arizona long-term care system?

<p>Establishing a method to prevent fraud (C)</p> Signup and view all the answers

What does the director mainly consider when performing duties within the Arizona long-term care system?

<p>The use of existing programs and county rules (B)</p> Signup and view all the answers

Which of the following tasks is NOT typically assigned to program contractors under the Arizona long-term care system?

<p>Obtaining federal grants independently (D)</p> Signup and view all the answers

What is one of the powers given to the director regarding program contractors?

<p>The power to disapprove requests from contractors (D)</p> Signup and view all the answers

Which component is included in the administrative responsibilities of the Arizona long-term care system?

<p>Establishing standards for the coordination of services (C)</p> Signup and view all the answers

In relation to member care, what kind of tracking system must be implemented by the Arizona long-term care system?

<p>A member case management tracking system (B)</p> Signup and view all the answers

What financial responsibility does the Arizona long-term care system administration have regarding program contractors?

<p>Establishing financial audit requirements for contractors (D)</p> Signup and view all the answers

What is the minimum resource allowance for a spouse or family at home before adjustments?

<p>$12,000 (A)</p> Signup and view all the answers

What financial document must be submitted if the director has concerns about a nursing care institution's viability?

<p>Quarterly financial statements (B)</p> Signup and view all the answers

How often may the director require financial statements if the viability of a hospice is in question?

<p>Monthly (D)</p> Signup and view all the answers

What specific type of financial information must be included in the balance sheet submitted by nursing care institutions?

<p>Assets, liabilities, and net worth (A)</p> Signup and view all the answers

What is the maximum amount of state funds that can be spent on long-term care in a fiscal year?

<p>The amount appropriated or authorized for that purpose (B)</p> Signup and view all the answers

Under what condition can the director not adopt a rule or contract regarding the financial management of institutions?

<p>If it does not conform to federal requirements (B)</p> Signup and view all the answers

What must be adjusted annually in relation to the minimum resource allowance for families at home?

<p>The percentage change in consumer prices (A)</p> Signup and view all the answers

What kind of expenses are considered noncovered medical or remedial care?

<p>Expenses incurred not subject to a third party payor (D)</p> Signup and view all the answers

What is the minimum personal needs allowance for members receiving institutional services under the established rules?

<p>15% of maximum monthly supplemental security income (B)</p> Signup and view all the answers

What must the administration provide at least sixty days before beginning a periodic audit of nursing care institutions?

<p>Notice to the nursing care institution and hospice (A)</p> Signup and view all the answers

What is NOT a responsibility of the director in relation to the administration's eligibility determination process?

<p>Conduct all financial audits personally (D)</p> Signup and view all the answers

Which of the following actions regarding contract compliance records is required by the director?

<p>Records should be available for inspection by the administration. (D)</p> Signup and view all the answers

What must interested parties do in order to receive notifications of policy changes from the administration?

<p>Submit a written request for notification. (A)</p> Signup and view all the answers

What type of agreements can the administration enter into for the provision of long-term care services?

<p>Intergovernmental agreements with Indian tribes and councils (A)</p> Signup and view all the answers

What determines the methods for the transition of members into, within, and out of the system?

<p>Director's rules adopted for the system (A)</p> Signup and view all the answers

What is the purpose of the rules adopted by the director regarding the treatment of income post-eligibility?

<p>To determine the portion of income available for service payments (D)</p> Signup and view all the answers

Which of the following is required for the director when applying for federal funding?

<p>Access available matching state funds for federal applications (B)</p> Signup and view all the answers

What is one of the responsibilities of the administration with regards to the billing process?

<p>Assess civil penalties for improper billing (B)</p> Signup and view all the answers

How long must the records regarding contract compliance be maintained?

<p>For at least five years (D)</p> Signup and view all the answers

Which of the following is NOT part of the rules adopted by the director concerning confidentiality?

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What is required before any policy changes addressing reimbursement are implemented?

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What must the director do if the program contractor fails to comply with its contract provisions?

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Flashcards

Termination of Parent-Child Relationship

A legal action that completely severs the legal bond between a parent and child.

Legal Rights, Privileges, Duties, and Obligations

The rights, responsibilities, and obligations that come with being a parent or child are removed.

Right to Inherit

The child still has the right to inherit property from the parent, even after the relationship is terminated.

Right to Support

The child still has the right to receive financial support from the parent, even after the relationship is terminated.

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Termination of Inheritance and Support Rights

The child's right to inherit and receive support can only be ended by a final adoption order.

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Order of Protection

A court order aimed at preventing a person from committing acts of domestic violence against another.

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Petition for Order of Protection

A formal request submitted to a court seeking an order of protection.

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Plaintiff in Order of Protection

The individual seeking protection from domestic violence.

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Defendant in Order of Protection

The individual accused of committing domestic violence.

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Domestic Violence

Any action involving violence against a family or household member.

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Verified Petition

The court must verify the information provided in the petition for an order of protection.

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Third Party Request

A third party can request an order of protection on behalf of the plaintiff if they are unable to do so.

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Appropriate Requesting Party

The court must determine if the third party is appropriate to request an order on behalf of the plaintiff.

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Order of Protection Hearing

A court hearing held to determine if there is reasonable cause to believe the defendant may or has committed domestic violence.

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Reasonable Cause

When a court determines, based on evidence presented, that there is a genuine reason to believe domestic violence has occurred or is likely to occur.

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Restraining order

Prohibiting the defendant from contacting or coming near the victim.

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Firearm Prohibition

Preventing the defendant from possessing or buying a firearm.

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Domestic Violence Treatment Program

Mandating the defendant to participate in a program designed to address domestic violence behavior.

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Denial of Order of Protection

A court decision not to grant an order of protection.

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Exclusive Possession of Residence

Giving one party exclusive use of the shared residence as a safety measure.

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Retrieval of Belongings

Allowing the other party to retrieve belongings from the shared residence, but only with a law enforcement officer present.

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Consolidation of Petitions

A court decision to combine two separate petitions for an order of protection into one hearing.

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Animal Protection Order

A court order that specifically addresses an individual's right to own, possess, lease, keep, or hold animals, granting exclusive control to one party and prohibiting the other from interfering.

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Notification after Moving Out

When the plaintiff, who requested an order of protection, moves out of the shared residence, they must notify the court within 5 days. The court then informs the defendant.

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Hearing after Plaintiff Moves Out

A court hearing requested by the defendant after the plaintiff moves out of the shared residence, potentially leading to a new order regarding the residence.

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Service of Order of Protection (Superior Court)

When an Order of Protection is issued by a judge in a higher court, it's served by the sheriff or constable of the county the suspect can be found in.

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Service of Order of Protection (Justice of the Peace)

If an Order of Protection is issued by a Justice of the Peace, it is served by the sheriff or constable of the county or local law enforcement where the suspect can be found.

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Serving an Order Outside the Issuing Jurisdiction

When an Order of Protection is issued and served by a law enforcement agency in a different city or town than where it was issued, it is served by the law enforcement agency of that city or town.

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Who Can Serve an Order of Protection?

Certain individuals, such as peace officers, correctional officers, or those authorized by the Arizona Rules of Civil Procedure, can serve an Order of Protection.

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Expiration of an Order of Protection

An order of protection is not valid against a defendant for longer than one year after being issued if it hasn't already been served on the defendant.

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When an Order of Protection Becomes Effective

The order of protection becomes effective against the defendant when a copy of the order and a copy of the petition are served to the defendant.

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Duration of an Order of Protection

An order of protection remains in effect for 2 years after being served on the defendant.

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Jurisdiction of a Peace Officer in Order of Protection Violation

If a defendant is arrested under the suspicion of violating an Order of Protection issued in Arizona, the arrest can be made by a peace officer with or without a warrant, even if the violation occurred in a different part of Arizona.

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Confidentiality of Information

Certain information, such as the plaintiff's details, collected solely for serving the defendant is kept confidential.

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Supreme Court Repository

The Supreme Court maintains a central repository of Orders of Protection and information about them is recorded.

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Release Procedures for Order of Protection Violation

This refers to the legal procedures for releasing a person arrested for violating an Order of Protection, as outlined by the Arizona Rules of Criminal Procedure. It's a process to ensure the victim's safety and address the situation according to law.

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Injunction

An order that stops someone from doing certain things, like contacting or being near another person.

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Out-of-State Protection Order

A court order issued in another state, territory, or tribal court.

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Full Faith and Credit

A court order that is recognized and enforced in other jurisdictions.

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Mutual Protection Order

A protection order that applies to both parties involved in the dispute.

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Ex Parte Order

A protection order issued without a hearing before the other party has a chance to respond.

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Order of Protection Costs

A court may order a party to pay the costs of an order of protection case, including attorney fees.

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Ex Parte Order Hearing

A municipal or justice court may hold a hearing regarding an ex parte order of protection before it is transferred to a higher court.

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Pendente Lite Order

A court order that is issued while a case is pending in a higher court.

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Protection Order in Pending Cases

A protection order issued in a case where the parties are already involved in other legal proceedings, like divorce.

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Exclusive Jurisdiction of Superior Court

The court has the power to decide legal matters related to domestic violence.

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Transferring Orders of Protection

The court will forward cases involving domestic violence to the superior court if other proceedings are taking place.

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Validity of Order of Protection

An order of protection remains valid even if it was initially issued by a lower court.

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Notice to Affected Parties

The parties involved must be notified of any hearings related to an order of protection

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Officer's Immunity

A peace officer cannot be held legally responsible for an arrest based on probable cause and without malice.

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Premarital Agreement: Consideration

A premarital agreement is legally binding without requiring any exchange of goods or services, and it becomes effective once the couple gets married.

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Premarital Agreement: Public Assistance

A court may overturn a premarital agreement provision if it causes one party to become eligible for public assistance after separation or divorce, and requires the other party to provide support to avoid that eligibility.

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Premarital Agreement: Unenforceability

A premarital agreement is considered unenforceable if the person challenging its validity proves they didn't sign it voluntarily or that they did not receive fair disclosure of the other party's financial details.

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Premarital Agreement: Unconscionability

To be deemed 'unconscionable' (unfair), a premarital agreement needs to demonstrate that the other party was not provided with proper financial information or that they did not understand the agreement's terms.

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Premarital Agreement: Void Marriage

When a marriage is declared void, any premarital agreement will only be enforced to prevent unjust outcomes.

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What is a premarital agreement?

A premarital agreement allows couples to define how assets will be divided and support will be provided upon separation, divorce, or death. It can cover everything from property ownership to spousal support.

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What types of property can be covered in a premarital agreement?

A premarital agreement can address the distribution of property acquired before or during the marriage, including its ownership, use, and management, and can be tailored to cover specific situations like separation or death.

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Can a premarital agreement change spousal support?

A premarital agreement can specify how spousal support will be provided or even eliminate it completely, but it cannot interfere with a child's right to support.

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What other legal matters can be included in a premarital agreement?

A premarital agreement can include provisions regarding wills, trusts, or other arrangements to ensure the agreement's terms are carried out, like specifying beneficiaries of life insurance policies.

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Are there any limitations on what can be included in a premarital agreement?

A premarital agreement cannot violate public policy or criminal statutes. However, it can specify the law that will govern its interpretation.

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How to Change a Premarital Agreement

After getting married, a couple can only change or cancel a premarital agreement by signing a new written agreement.

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Amendment or Revocation of Premarital Agreement

A premarital agreement can be amended or revoked through a written agreement signed by both parties.

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Unenforceable Premarital Agreement

A court may not enforce a premarital agreement if one party can prove they did not understand or voluntarily sign it, or that they were not given full financial information.

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What Can Be Included in a Premarital Agreement?

A premarital agreement can cover things like property division, spousal support, and even wills and trusts.

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Community Property vs. Separate Property

Property acquired by either spouse during marriage is presumed to be community property, meaning it belongs to both equally. However, property acquired by gift, inheritance, or after a petition for divorce is considered separate property and belongs to the individual who acquired it.

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Community Property After Divorce Petition

Even if a petition for divorce is filed, existing community property remains community property and is divided equally between spouses.

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Using Community Property to Acquire New Property

When community property is used to acquire new property, the new property also becomes community property. This applies even after a divorce petition is filed.

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Spouse Management Rights After Divorce Petition

Even if a divorce petition is filed, spouses still retain their management rights over community property, except as specified by law.

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Property Acquired After Divorce Petition

After a divorce petition is filed, property acquired separately by each spouse is considered their individual property.

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Separate Property

Property owned by a spouse before marriage or acquired during marriage through gifts, inheritance, or descent.

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Separate Property After Divorce Petition

Property acquired by a spouse after a divorce petition is filed, but before the divorce is finalized, is considered their separate property.

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Managing Community Property During Divorce

A spouse can still manage community property during divorce proceedings, even though it's going to be divided during the divorce.

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Community Property During Divorce

Community property acquired before divorce proceedings starts is divided equally between spouses during the divorce.

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Acquiring New Property with Community Funds During Divorce

Property bought using community property, even after a divorce petition is filed, becomes community property.

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Separate Property Management

Each spouse retains exclusive rights to manage, control, and dispose of their separate property.

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Community Property Management

Both spouses have equal management, control, and disposal rights over community property, which means they can act independently on its behalf.

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Joint Consent Rule

This rule requires both spouses to agree on transactions related to real estate, guarantees, and suretyship.

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Management During Divorce

During a divorce process, either spouse can manage community property unless the court specifies otherwise. This allows for daily operations and finances to continue until the property is divided.

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Community Property Division

Community property acquired before filing for divorce will be divided equally between the spouses. This ensures fairness in splitting assets.

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Separate Property Liability

Separate property acquired before marriage or during marriage through gifts, inheritance, or descent is not liable for the other spouse's separate debts.

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Community Property Liability for Out-of-State Debts

Community property is liable for debts incurred during the marriage which would have been community debts if incurred in this state, even if the debt was incurred outside of Arizona.

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Community Property Liability for Premarital Debts

Community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973, but only to the extent of the value of that spouse's contribution to the community property.

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Community Property Liability for Community Debts

The community property is liable for debts and obligations incurred by either spouse for the benefit of the community. These debts are satisfied first from the community property and then from the separate property of the spouse who incurred the debt.

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Marital property rights for out-of-state couples

When married couples who were not married in Arizona move to the state, marital property rights acquired during their marriage in Arizona are determined by Arizona law.

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Arizona determines property rights for out-of-state marriages

Property obtained through marriage in Arizona by a couple who moved to the state, but was initially married outside of the state, will be considered under Arizona law.

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Arizona controls marital property rights for in-migrating couples

The marital rights of couples married outside of Arizona who move to the state are governed by Arizona's laws.

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Arizona law applies to property acquired during Arizona residency

Property acquired during marriage within Arizona will fall under Arizona's marital property laws even if the couple was originally married outside the state.

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Arizona law controls property acquired during marriage in Arizona

Marital rights to property acquired in Arizona during marriage are governed by Arizona law, even if the marriage took place outside of the state.

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Termination of Property Payments

When a legal separation ends, any property payments owed between the separated parties are considered waived unless the termination order states otherwise.

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Termination of Parenting Orders

Parenting orders made during the legal separation period no longer apply after termination.

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Termination of Support Provisions

Child support and spousal maintenance agreements from the legal separation are no longer valid. However, any owed amounts to the state remain due.

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Creditor Rights Remain

A legal separation's termination does not affect the rights of any creditors who relied on the separation agreement.

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Waiver of Remaining Payments

Each party waives any claims for remaining payments due from the time the support provisions were in effect, unless there is a different agreement.

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Legal Separation Decree: Requirements

A decree of legal separation is granted if the court finds that the marriage is irretrievably broken, or one or both parties desire to live separately, and the other party doesn't object.

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Terminating a Legal Separation

A decree of legal separation can be terminated by both parties agreeing to restore their status to legally married.

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Marital Community Reformation

When a legal separation is terminated, the marital community is re-formed as if the parties had married on the date of termination.

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Legal Separation: Provisions

The court will handle issues like child custody, support, and property division during a legal separation.

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Objecting to Legal Separation

The court may order that the pleadings be amended to seek a dissolution of marriage if the other party objects to a legal separation.

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Domicile and Conciliation

A decree of legal separation is granted if the court finds the required domicile and determines that the conciliation provisions of section 25-381.09 have been met or do not apply.

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Legal Separation: Covenant Marriage

If the marriage is a covenant marriage, the court must find that one of the grounds prescribed under section 25-904 exists for a decree of legal separation to be granted.

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Stipulation for Termination

A stipulated order, signed by both parties, must outline the intent to terminate the legal separation, reformation of the marital community, and the status of property acquired or incurred during the separation.

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Legal Separation

A legal proceeding where a court separates married parties without dissolving their marriage.

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Irretrievably Broken Marriage

The condition where a marriage is considered beyond repair and is incapable of reconciliation.

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Covenant Marriage

A type of marriage where the parties agree to stricter requirements for divorce, usually involving counseling or waiting periods.

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Decree of Legal Separation

The official document issued by a court that formally recognizes the legal separation of a married couple.

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Termination of Legal Separation

A court decision to end a legal separation, returning the couple to their status as legally married.

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Legal Separation: Requirements

The ability for couples in Arizona to file for a legal separation is limited to scenarios where at least one party wants to live separately, and the other party does not object. It must also be determined that marriage is irretrievably broken, or there is a ground prescribed under section 25-904 if it is a covenant marriage.

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Preliminary Injunction

A court order issued at the beginning of a divorce, legal separation, or annulment case, designed to protect the parties' assets and prevent harm to each other or the children.

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Property Restrictions

The injunction prohibits parties from transferring, encumbering, concealing, selling, or disposing of any joint, common, or community property without the written consent of the parties or permission from the court.

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Protection from Harm

The injunction forbids parties from molesting, harassing, disturbing the peace, or committing assault or battery against each other or their children.

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Child Relocation Prohibition

Both parties are prevented from removing children residing in Arizona from the state without the written consent of the other party or the court's permission.

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Insurance Coverage Maintenance

The preliminary injunction prohibits removing the other party or children from existing insurance coverage, including medical, hospital, dental, automobile, and disability insurance.

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Full Force Insurance

The injunction requires both parties to maintain all insurance coverage in full force and effect.

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Injunction Effectiveness

The preliminary injunction is effective against the petitioner when the petition is filed, and against the respondent upon service of a copy of the order or on actual notice of the order, whichever is sooner.

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Duration of the Injunction

The preliminary injunction remains in effect until a final decree of divorce, legal separation, or annulment is filed or the case is dismissed.

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Community Property Division During Divorce

When a couple files for divorce, any property acquired before the filing is divided equally between them. This ensures that both spouses receive a fair share of marital assets.

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Premarital Agreement

A premarital agreement allows couples to define how assets will be divided and support will be provided upon separation, divorce, or death.

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Separation Agreement

To promote amicable settlement of disputes between parties to a marriage, a written agreement can be made containing provisions for property division, maintenance, child support, legal decision-making and parenting time.

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Separation Agreement Enforceability

A separation agreement is usually binding on the court unless it finds the agreement unfair regarding property disposition or maintenance, considering the economic circumstances of the parties and any other relevant evidence.

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Unfair Separation Agreement

If the court determines a separation agreement to be unfair, it may request the parties to revise it or make orders for the disposition of property or maintenance.

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Court Approval of Separation Agreement

A separation agreement that is deemed reasonable and fair will be incorporated, either directly or by reference, into the decree of dissolution, annulment, or legal separation.

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Enforcement of Separation Agreement

Terms of a separation agreement incorporated into a decree are enforceable by all remedies available for enforcement of a judgment, including contempt.

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Finality of Property Division

After the entry of a decree of dissolution, annulment, or legal separation, the terms of the property settlement agreement, except those related to support, legal decision-making, and parenting time, cannot be modified.

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Unmodifiable Maintenance Terms

A separation agreement may include provisions stating that its maintenance terms shall not be subject to modification.

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Separation Agreement Performance

The court can order parties to perform the terms of the separation agreement once it's made part of the decree, ensuring both parties fulfill their obligations.

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Property Division in Arizona Divorce

In Arizona divorce proceedings, courts divide marital property equitably between spouses, regardless of marital misconduct, with the exception of separate property. Separate property is owned solely by one spouse and is not subject to division.

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Debts and Obligations in Property Division

Courts can consider debts and obligations associated with the property when dividing assets in a divorce. This includes accrued taxes that would become due upon sale or transfer of the property.

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Criminal Conduct and Property Division

Arizona law allows courts to consider criminal convictions and their impact on the marriage. This might include financial losses or harm to the spouse or children caused by a spouse's criminal conduct.

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Unallocated Property in a Divorce Decision

If the divorce decree doesn't specifically address the division of certain property, it's treated as jointly owned by both spouses with equal shares.

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Liens on Property to Secure Payment

To secure payment of debts or support obligations, courts can impose liens on separate property or awarded marital property. This ensures that the owed amounts are paid even if the property is sold.

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Types of Liens in Divorce

Courts can award liens on property to secure payment of debts related to the marriage, community debts, child support, spousal maintenance, or damages resulting from criminal conduct that harmed the other spouse or children.

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Marital Property for Out-of-State Couples

Courts may determine marital property for couples who were married outside of Arizona and then moved to the state. This means Arizona law will govern the division of assets acquired during the marriage in Arizona.

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Arizona Law Governs Property Acquired In Arizona

Arizona law holds that any property acquired by a couple during their marriage in Arizona will be subject to Arizona's marital property laws, even if the initial marriage ceremony was outside of the state.

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Request for Title Company Evidence

After an agreement is recorded pursuant to subsection N of this section, either party may request that on payment of the title company's fees for the document a title company authorized to do business in this state provide the requesting party with a lien search report or other documentary evidence of liens and other agreements of record in the title to the property.

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Reformation of Marital Community

When a legal separation is terminated, the marital community is re-formed, recognizing all property and financial rights back to the date of the termination.

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Notice Regarding Community Debts

A statement required by the court in all dissolution, annulment, or legal separation proceedings, informing the parties about the potential consequences of debt assignment in a property settlement agreement.

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Debt Distribution Plan

A legal document that defines how a couple chooses to divide community debts, outlining payment terms and any agreements made with creditors.

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Agreement with Creditor

A form used to verify agreements between separating spouses and individual creditors concerning the payment responsibility for community debts.

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Separate Debt Distribution Plans

The court can order each spouse to individually submit a debt distribution plan if they cannot agree on a joint one.

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Community Property

Property acquired by either spouse during marriage is presumed to belong equally to both.

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Debt Assignment in Dissolution

The court may assign responsibility for certain community debts to one spouse or the other in a property settlement agreement or decree.

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Property Description in Decree

A legal description of any affected property, including real estate, must be specifically detailed in the decree or judgment.

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Premarital Agreement Requirements

A premarital agreement is legally binding without requiring any exchange of goods or services, and it becomes effective upon marriage.

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What defines a 'convicted spouse'?

A 'convicted spouse' is someone found guilty of a crime and sentenced to at least 80 years in prison or life imprisonment, with or without the possibility of parole.

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What happens to community property in a divorce with a 'convicted spouse'?

In a divorce case, a convicted spouse is not entitled to receive any community property.

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Can a spouse petition to change or stop payments to a 'convicted spouse'?

If one spouse is obligated to make ongoing payments to a convicted spouse after dividing property, they can ask the court to change or stop those payments.

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Why does the law define the term 'convicted spouse'?

This section defines the term 'convicted spouse' for clarity and consistency in the legal system.

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What are the conditions that define a 'convicted spouse'?

The law sets specific conditions for a person to be considered a 'convicted spouse' in this context.

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What is a gamete?

A sperm or ovum.

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What happens to in-vitro embryos in a divorce?

The court will award the embryos to the spouse who wants to have a child from them.

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What happens to the non-recipient spouse's rights?

The spouse who doesn't get the embryos has no parental rights unless they provided gametes and consent.

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What's the outcome if the non-recipient spouse doesn't consent to being a parent?

If the non-recipient spouse doesn't consent, the child is not their child.

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What does the non-consenting gamete provider have to do?

The non-consenting gamete provider has to share their health and genetic history with the recipient spouse.

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What happens after the embryos are awarded to the recipient spouse?

The spouse who is awarded the embryos can choose to use them or dispose of them, but the non-consenting gamete provider has no right to interfere after that point.

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What are the limitations of a premarital agreement?

A premarital agreement cannot violate public policy or criminal statutes. However, it can specify the law that will govern its interpretation.

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Spousal Maintenance

A court order that provides financial support to a spouse after divorce in order to help them become self-sufficient.

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Spousal Maintenance Guidelines

Guidelines created by the Supreme Court to help determine the amount and duration of spousal maintenance.

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Factors for Spousal Maintenance

Factors used to determine spousal maintenance, including the standard of living during the marriage, the duration of the marriage, and the earning abilities of both spouses.

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Deviation from Spousal Maintenance Guidelines

The court can deviate from the guidelines if it finds that applying them would be unfair or inappropriate.

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Guidelines-Based Spousal Maintenance

The amount of spousal maintenance determined by applying the guidelines, unless the court finds it inappropriate or unjust.

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Purpose of Spousal Maintenance

The court can order spousal maintenance for a period of time and in an amount necessary to allow the receiving spouse to become self-sufficient.

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Reasons for Spousal Maintenance

Spousal maintenance is available in dissolution of marriage, legal separation, or maintenance proceedings if the spouse seeking maintenance lacks sufficient property or earning ability, is a parent of a child requiring homecare, or has contributed to the other spouse's education or career.

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Reduced Income for Spouse's Benefit

The situation where a spouse voluntarily reduces their income or career potential to benefit the other spouse. This can be a factor considered when determining spousal maintenance.

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Maintenance Order: Ignoring Misconduct

This provision ensures spousal maintenance orders are not influenced by marital misconduct. The court focuses on the financial needs of the parties, not their past actions in the marriage.

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Unmodifiable Maintenance Orders

When both spouses agree, the court can make a maintenance order and decree of dissolution final, preventing any future modifications. This provides stability and certainty about alimony.

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New Property from Community Funds

When community property is used to acquire new property, that new property is also considered community property, even if acquired after a divorce petition is filed. This means it's divided equally between the spouses.

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Support Payment Clearinghouse

A court order specifying that support payments must be made to the support payment clearinghouse, where they will be remitted to the recipient unless the parties agree otherwise.

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Notification Requirements

A court order requiring parties to notify the court or the support payment clearinghouse about their address and employment changes within 10 days.

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Beyond the Court's Jurisdiction

If a person obligated to pay support is absent from the court's jurisdiction, other legal procedures can be used to enforce the support and maintenance obligations.

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Disclosing Obligor Information

When filing petitions for child or spousal maintenance orders, the court can access specific information about the obligor's finances, location, etc., to determine the best way to enforce the order.

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Contempt of Court for Non-Notification

The court can hold a person in contempt of court if they fail to inform the court or the support payment clearinghouse of a change in their address or employment.

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Agency Disclosure of Information

The court may direct specific agencies to disclose information relevant to the obligor's financial situation to help the applicant or the court understand their income, assets, and debts.

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Domestic Violence Protection in Disclosure

Information related to the obligor's residence and workplace will not be disclosed to prevent the risk of harm to the obligor, if it is determined that they have been the victim of domestic violence.

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Remitting Support Payments

The court orders the support payment clearinghouse to remit payments to the person entitled to receive them based on its records.

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Finality of Dissolution Decree

A decree of dissolution of marriage becomes final when entered, subject to appeal. If an appeal doesn't challenge the marriage's irretrievable break, the dissolution portion is final, allowing remarriage while appealing other aspects. Support orders remain effective during appeal.

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Dissolution after Legal Separation

A party to a legal separation can file for dissolution of marriage under the same case number, but it's treated like a new action with separate proceedings. The court considers the legal separation's property provisions, but can modify them under certain conditions.

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Restoring Former Name

Upon request, a court will restore a party's former name before signing a dissolution or annulment decree.

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Terminating Legal Separation: Re-Formation

When a legal separation is terminated, the parties are considered legally married again, as if their separation never happened. This reinstatement applies to community property and the marital community.

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Modifying or Terminating Maintenance & Support

This provision allows for modification or termination of maintenance or support obligations in a decree. It requires demonstrating substantial and continuing changed circumstances, such as changes in income, employment, or health insurance.

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Property Division in Decrees

The right to modify or terminate maintenance or support provisions does not apply to property division in a decree, unless special conditions exist that warrant reopening the judgment.

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Termination of Maintenance on Death or Remarriage

Unless otherwise agreed upon, support obligations generally end upon the death of either party or the remarriage of the party receiving support.

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Child Support After Parent's Death

Unless otherwise agreed upon, child support obligations are not terminated by the death of a parent, but the amount may be adjusted or commuted to a lump sum payment.

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Suspending Interest on Support Judgments

The court can suspend interest on a support judgment when the debtor is incarcerated or has disabilities that prevent employment.

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Changes in Circumstances for Support Modifications

The court may alter maintenance or support payments if there are substantial and continuous changes in circumstances, like income or health needs.

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Health Insurance as Change in Circumstances

The addition or change in health insurance coverage may be considered a substantial change in circumstances for altering support.

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Effective Date for Support Modifications

Changes in maintenance or support orders are usually effective the month after the petition is filed, unless there's a good reason for a different date.

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Waiting Period for Dissolution of Marriage

A court cannot consider a motion or hold a hearing for dissolving a marriage or legal separation until at least 60 days after the date legal documents were served.

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In loco parentis

A person standing in the place of a parent, forming a meaningful parental relationship over time.

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Joint legal decision-making

A legal relationship where both parents share the right to make decisions for their child, with no parent having superior rights.

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Legal decision-making

The legal right and responsibility to make all non-emergency decisions for a child, including education, healthcare, and personal care.

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Parenting time

A schedule of time that a parent spends with their child, including providing basic needs like food and shelter, and making routine care decisions.

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Sole legal decision-making

A situation where one parent has the exclusive legal authority to make significant decisions regarding a child.

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Jurisdiction in Child Custody Cases

A court in Arizona must confirm its authority to handle a child custody case before proceeding, considering any competing claims from other states, tribes, or nations. This ensures that the most appropriate jurisdiction hears the case.

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Third Party Rights in Child Custody

A person who is not a parent can petition the court for legal decision-making or parenting time over a child. This applies when the child permanently resides in the county where the petition is filed.

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What is the main legal principle when determining legal decision-making & parenting time?

The court must decide on legal decision-making (who makes decisions about the child's upbringing) and parenting time based on what is best for the child's well-being.

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What factors does the court consider when deciding on legal decision-making and parenting time?

The court considers factors like the relationship between the parent and child, the child's interaction with others, the child's adjustment to their environment, and the child's own wishes (if they're old enough).

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What is a crucial factor considered when deciding on parenting time?

The court looks at the parent's willingness and ability to allow the child to maintain a good relationship with the other parent.

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What does the court examine regarding coercion or duress in parenting time agreements?

The court will investigate whether any parent has used manipulation or pressure to influence the agreement on legal decision-making or parenting time.

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For what purpose does the court apply the best interests standard?

This applies when a petition to modify legal decision-making or parenting time is filed.

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What is required of the court in contested legal decision-making or parenting time cases?

The court must document specific findings about the relevant factors and explain why their decision is in the child's best interests.

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What does the court consider in relation to domestic violence or child abuse?

This refers to the court's consideration of any instances of domestic violence or child abuse as reported in the relevant section of the law.

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Why does the court consider the mental and physical health of everyone involved?

The court assesses the mental and physical health of all individuals involved because it can impact the child's well-being.

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Child's Best Interests

This is a standard that helps the court decide who should have legal decision-making rights and what parenting time arrangements are best.

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Parenting Time for Non-Decision-Making Parents

The court may order a parent who doesn't have legal decision-making rights to have frequent and meaningful contact with their child, unless it would endanger the child.

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Parenting Plan

A legal document outlining how parents will make decisions about their child and share parenting time.

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Parenting Time Schedule

A practical schedule laying out when each parent has the child, including holidays and school breaks.

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Child Exchange Procedure

Includes details about where and how the child is exchanged between parents, and who is responsible for transportation.

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Dispute Resolution Procedure

Outlines how changes to the parenting plan, relocation of the child, disagreements, or alleged breaches can be addressed.

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Supervised Parenting Time

The court will order supervised parenting time if domestic violence has occurred. This means the parent who committed the violence must have their visits with the child monitored by a designated person.

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Overnight Parenting Restriction

Prohibiting a parent who has committed domestic violence from spending the night with their child.

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No Joint Counseling for Domestic Violence

Instead of forcing victims and abusers to attend counseling together, the court can provide victims with information about domestic violence services in the community.

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Domestic Violence Intervention Programs

If a parent has committed domestic violence, the court can order them to complete a program to address their behavior and prevent future abuse.

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Substance Abstinence During Parenting

The court can mandate that a parent who committed domestic violence must refrain from alcohol or drug use during parenting time and for 24 hours before.

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Fees for Supervised Parenting

A parent who has committed domestic violence may be required to pay fees to cover the expenses of supervised parenting time.

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Domestic Violence in Relocation Cases

If a parent's absence or relocation is due to domestic violence committed by the other parent, the court can consider this when making decisions about custody and parenting time.

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Burden of Proof for Domestic Violence

If a parent has committed domestic violence, they are responsible for proving to the court that their parenting time won't endanger their child or harm their development.

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Domestic Violence Bar on Joint Legal Decision-Making

A legal procedure where a court can prevent a parent with a history of domestic violence from having sole or joint legal decision-making rights over their child.

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Evidence of Domestic Violence: Best Interests of the Child

The court will consider evidence of domestic violence as being harmful to the child's well-being. The court's primary concern is the child's safety and the well-being of the victim of domestic violence.

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Rebuttable Presumption: Domestic Violence & Custody

If a court finds that a parent seeking custody has committed domestic violence against the other parent, there is a presumption that awarding custody to that parent is not in the child's best interest. This presumption can be overcome if the parent proves their actions were not harmful to the child.

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Domestic Violence Act Definition

A person commits an act of domestic violence if they intend to harm someone, or if their actions create a reasonable fear of imminent harm. This includes patterns of behavior that could lead to an order of protection.

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Rebutting the Presumption: Domestic Violence & Custody

The court considers factors such as the parent's responsibility for their actions, participation in batterer's prevention programs, and how awarding custody would affect the child. This determines if a parent can overcome the presumption against custody.

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Service of Order of Protection

This refers to different legal procedures used for serving an order of protection on the person subject to it. This can be done by law enforcement officers or designated individuals and ensures that the defendant is aware of the court order.

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Presumption of Unfitness due to Substance Abuse

A legal presumption that a parent who abused drugs or alcohol within 12 months before the petition is filed is unfit for sole or joint legal decision-making.

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Rebutting the Presumption

This presumption can be rebutted (overturned) by the parent providing evidence of no recent drug offenses, clean drug tests, and alcohol or drug screenings.

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Evidence for Rebuttal

To determine if a parent has rebutted the presumption, a court considers evidence such as the absence of drug convictions, clean drug tests, and alcohol or drug screenings.

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Rebuttable Presumption Process

This involves a specific process of providing evidence and allows the accused parent to defend themselves against the presumption of unfitness.

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Court Findings of Fact

The court must make findings of fact supporting its determination that the parent abused drugs or alcohol or was convicted of a drug offense.

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Parenting Time Restrictions for Murder Conviction

The court cannot grant unsupervised parenting time to a person convicted of first-degree murder, whose victim was the other parent, unless they prove there is no significant risk to the child. This includes considering factors like if the convicted parent was a victim of domestic violence by the murdered parent and trauma suffered from abuse.

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Domestic Violence as a Factor in Parenting Time

A court may consider credible evidence that the convicted parent was a victim of domestic violence, as defined in section 13-3601, committed by the murdered parent.

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Notification of Dangerous Offenders

Parents or custodians must notify others if a convicted or registered sex offender or someone convicted of a dangerous crime against children might have access to the child.

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Unsupervised Parenting Time Restrictions

A person convicted of first-degree murder, whose victim was the other parent, cannot have unsupervised parenting time with their child unless a court finds that there's no significant risk to the child.

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Parenting Time Restrictions for Child Abuse

A court cannot grant unsupervised parenting time to a person convicted of a dangerous crime against children unless they prove the risk to the child is insignificant.

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Parental Right to Access Records and Medication

Both parents have equal access to a child's medical records, prescription medications, and school information unless a court order states otherwise. They can get this information directly from the record keeper or the other parent.

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Consequences for Restricting Access

If one parent tries to prevent the other parent from accessing information or medication records, it can lead to consequences, such as paying for legal fees to enforce compliance.

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Joint Decision for Medication Pharmacy

Both parents must agree on a single pharmacy for a child's prescription medications. One parent cannot unilaterally decide on only one pharmacy.

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Withholding Medication Without Court Order

If a parent tries to withhold medication from the other parent without a court order, it could have legal consequences.

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Legal Sanctions for Access Restriction

A parent who attempts to block access to records or medication without judicial approval may face legal penalties.

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Primary Caretaker and Primary Home for Public Assistance

The court can designate one parent as the primary caretaker and one home as the primary home of the child for the purposes of public assistance eligibility. This does not impact either parent's rights or create a presumption in custody cases.

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Legal Separation: What is it?

A legal separation allows a married couple to live apart without officially ending their marriage. It addresses custody, support, and property division.

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Legal Separation: Termination

When a legal separation ends, the marital community is restored as if they'd remarried on the termination date.

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Financial Assistance for Legal Representation

In legal proceedings related to parenting or custody, a party with insufficient resources can request financial assistance to afford legal representation and prepare for court hearings.

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Court-Ordered Financial Assistance

If there's a significant financial difference between the parents, the court may order one party to pay reasonable fees, expenses, and costs to the other party to ensure fair preparation for the proceedings.

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Payment of Fees and Expenses

A court order that may require a party to pay for reasonable attorney fees, costs, and expert witness fees to ensure access to legal representation and proper preparation for a hearing.

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Court's Decision on Financial Disparity

The court has the authority to decide if financial disparities exist between parties, and if so, can order the payment of reasonable legal fees and costs to ensure equal access to legal representation.

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Financial Disparity in Custody Cases

This covers situations where one parent can't afford legal representation due to lack of resources, the court can order the other party to pay reasonable fees to ensure a fair legal process.

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Temporary Order in Legal Decision-Making and Parenting Time

A court order that allows a party in a legal decision-making and parenting time case to request temporary arrangements. This motion must be supported by pleadings.

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Temporary Legal Decision-Making or Parenting Time Order: Dismissal

A court order that remains in effect until a proceeding for dissolution of marriage or legal separation is dismissed, but can be vacated if a parent or the child's custodian requests the proceeding to continue. The court will determine the best interest of the child based on their circumstances.

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Temporary Custody Order Validity

Any existing temporary custody orders are vacated when a legal decision-making or parenting time proceeding commences in the absence of divorce or separation petitions is dismissed.

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Court interview for child's wishes

The court can interview a child privately to understand their wishes regarding custody and parenting time.

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Expert advice in custody cases

The court can request advice from experts, like psychologists or social workers, to inform its decisions regarding custody.

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Written advice from experts

The court can ask for written advice from experts, which is then provided to lawyers. Lawyers can question these experts in court, unless they choose not to.

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Court can seek advice from professionals

The court can seek advice from professionals, even if these professionals aren't regular court employees. This advice helps the court make informed decisions in custody cases.

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Private interviews in chambers

The court can interview children privately in chambers to understand which parent they prefer to live with.

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Child Interview in Court

A judge can interview a child privately to learn their wishes about custody and parenting time.

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Professional Advice in Custody Cases

A court can get advice from professionals like therapists or social workers to help make decisions in a custody case.

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Written Professional Advice

The court can ask for professional advice, but this advice must be in writing and given to lawyers if needed.

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Examining Court-Consulted Professionals

Lawyers usually have the right to question professionals who gave advice to the court.

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Waiving the Right to Examine Experts

Lawyers can choose to waive their right to examine a professional who gave advice to the court.

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Relocation Notice Requirement

A parent seeking to relocate a child outside the state or more than 100 miles within the state must give the other parent at least 45 days' written notice before doing so.

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Time Limit to Contest Relocation

The non-moving parent has 30 days after receiving the notice to petition the court to prevent the relocation. After that, a petition can only be granted for good cause.

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Continued Compliance with Court Orders

If the child is relocating, both parents must continue to comply with current court orders unless the court says otherwise, regardless of the distance moved.

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Temporary Relocation for Urgent Reasons

A parent needing to relocate with a child in less than 45 days due to health, safety, employment, or eviction can temporarily relocate with the child.

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Sanctions for Non-Compliance

The court can impose sanctions, such as changes to legal decision-making or parenting time, if a parent does not comply with the notification requirements without good cause.

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Petition for Relocation Hearing

A parent seeking relocation can petition the court to determine the appropriateness of a relocation that may adversely affect the other parent's legal decision-making or parenting time rights.

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Exception for Preexisting Agreements

The notice requirement does not apply if there's a court order or a written agreement between the parties that allows for relocation and is dated within one year of the proposed relocation.

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Child's Best Interest in Relocation Decisions

The court will consider the best interests of the child when imposing any sanctions related to relocation, such as changes to legal decision-making or parenting time.

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Relocation with Child: Agreement Requirement

A parent who shares joint legal decision-making and substantially equal parenting time, and whose relocation is necessary due to health, safety, employment, or eviction, may temporarily relocate with the child, but only with a written agreement from both parents.

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Relocation Burden of Proof

The relocating parent bears the burden of proving that the relocation is in the child's best interests, which the court will determine.

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Maintaining Parent-Child Relationship

The court prioritizes maintaining a meaningful relationship between the child and both parents, to the extent possible, during relocation.

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Relocation Provisions in a Parenting Plan

The court won't change a parenting plan's relocation provision unless it's no longer in the best interests of the child, with a presumption that existing provisions are in the child's best interests.

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Factors Considered in Relocation

The court considers several factors when determining a child's best interests during relocation, including the good faith of those involved and the impact on the child's well-being.

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Penalty for Interference with Parenting Time

The parent unreasonably restricting or interfering with parenting time can face attorney fees and court costs.

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Parental Access to Child Information

Both parents are entitled to access their child's medical information, unless it would endanger the child's or a parent's health.

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Impact on Child's Development

The court considers the impact on the child's emotional, physical, and developmental needs when deciding whether to allow relocation.

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Modifying custody or parenting time

A motion to modify a legal decision-making or parenting time decree cannot be filed for one year after its entry unless the court allows it based on evidence that the child's safety is at risk.

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Modifying joint custody due to abuse

If one parent petitions the court to modify a joint legal decision-making order due to domestic violence, spousal abuse, or child abuse, the court will consider the evidence presented.

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Modifying joint custody due to noncompliance

If a joint legal decision-making order has been in place for six months and one parent fails to follow its provisions, the other parent can request a modification.

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Military family care plans

Parents in the US armed forces may have a military family care plan that helps decide what's best for their children during deployments. The court will consider this during custody or parenting time decisions.

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Military deployment and custody changes

When a parent in the military is deployed and moves a significant distance, the court won't make a final custody or parenting time change until 90 days after the deployment ends, unless both parents agree.

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Deployment as sole reason for change

The court won't automatically modify custody or parenting time based solely on a parent's deployment or the potential for future deployments.

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Temporary custody changes during deployment

The court can issue temporary orders to modify custody or parenting time during a military deployment or mobilization. This is done on the request of either parent and requires a hearing to assess the situation.

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Deployment as a factor for change

The court will not consider a parent's absence due to deployment or mobilization as the only reason to modify custody or parenting time.

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Electronic Testimony During Deployment

A court order that allows a military parent to present testimony and evidence electronically for matters related to parenting time or contact due to deployment.

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Delegation of Parenting Time Due to Deployment

When a military parent's deployment significantly impacts their ability to exercise their parenting rights and responsibilities, the court may delegate those rights to a trusted family member or close associate for the duration of the deployment.

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Transition Schedule After Deployment

A specific timeline outlining how parenting arrangements will be transitioned back to the pre-deployment order within ten days following the end of the deployment.

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Court Orders for Deployment Outside the Continental United States

Court orders issued for parenting matters related to a military parent's deployment outside of the continental United States must specifically address the deployment and include provisions governing the child's legal decision-making and parenting time after the parent's return.

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Modification of Parenting Time Orders

The court can modify parenting time orders in the best interest of the child, but restrictions on a parent's time with their child require a serious endangerment finding related to the child's physical, mental, moral, or emotional health.

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Expedited Hearing for Serious Offenses Against Children

If a parent faces charges for serious offenses against children (child molestation, domestic violence involving a minor), the other parent can request an expedited hearing to potentially suspend parenting time or change legal decision-making.

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Process for Modifying Legal Decision-Making or Parenting Time Orders

To modify any legal decision-making or parenting time orders, an affidavit or verified petition outlining the requested modification and supporting facts must be filed, along with proper notice to all parties involved in the case.

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Assessment of Fees and Costs for Vexatious Modification Requests

A party seeking modification of an order may be assessed attorney fees and costs if the court finds the request for modification is unjustified and intended to harass the other party.

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Modifying Parenting Time Orders in the Child's Best Interest

The court may modify an order granting or denying parenting time rights if it is in the best interest of the child.

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Denial of Motion to Modify Parenting Time

The court may deny a motion to modify parenting time unless it finds that the motion is supported by evidence and that a hearing is necessary.

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What happens when a parent violates a visitation order?

If a parent violates a visitation order without good cause, the court can take action like finding them in contempt, ordering make-up time, or requiring them to pay for counseling.

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How quickly does the court review visitation violations?

In a visitation violation case, the court holds a hearing within 25 days of the petition to review the situation.

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Who pays the costs in a visitation violation case?

The court can order the violating parent to pay court costs and attorney fees incurred by the non-violating parent.

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What are the potential fines for violating a visitation order?

The court can impose civil penalties of up to $100 for each violation of a visitation order.

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What can the court order to help parents resolve visitation disputes?

The court can order both parents to participate in mediation or alternative dispute resolution to resolve visitation issues.

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Sanctions for False Claims in Family Law Cases

A court may order a party to pay for the costs of litigation if they are found to have knowingly presented a false claim or made a false accusation in a family law case.

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Sanctions for Violating Discovery Orders

A party may be penalized for failing to comply with a court order regarding disclosure or discovery, unless there is a good reason for the non-compliance.

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Financial Sanctions for Misconduct

A party who has suffered economic loss due to the misconduct of another party may receive additional financial sanctions.

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Modifying Custody or Visitation Due to Misconduct

The court may consider modifying child custody or visitation arrangements if a party's misconduct affects the child's best interests.

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Other Potential Sanctions

This section doesn't prevent the court from awarding costs and fees even if other laws allow for it.

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Legal Separation Decree

A decree of legal separation is granted if the court finds that the marriage is irretrievably broken, or one or both parties desire to live separately, and the other party doesn't object.

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Requesting Judgment of Arrearages

If a party entitled to child support or spousal maintenance or the department or its agent enforcing an order of support has not received court-ordered payments, the party entitled to receive support or spousal maintenance or the department or its agent may file with the clerk of the superior court a request for judgment of arrearages and an affidavit indicating the name of the party obligated to pay support and the amount of the arrearages.

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Termination of Child Support by Marriage

When a child support order is terminated by marriage, the obligor is no longer required to pay support after the last day of the month in which the marriage takes place.

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Community Property Liability

Community property is liable for debts and obligations incurred by either spouse for the benefit of the community.

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Child Support Order

A court order requiring one or both parents to pay for a child's support. If the order doesn't specify the start date, support starts on the 1st of the month after the order is entered.

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Payment Methods for Child Support

If a support payment is dishonored by the bank, future payments must be made in cash, money order, cashier's check, etc. The drawer of a dishonored payment may be charged an amount allowed by law.

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Switching Payment Methods for Child Support

After 24 straight months of on-time payments by "guaranteed means" (like wage assignment), a party can request to use regular payment methods (checks, etc.) as long as they are full, timely, and not dishonored.

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Securing Overdue Child Support

If income withholding orders are ineffective, a court can require the obligor to provide security (bond, etc.) to ensure overdue support payments are made. This applies when 6 months of current support is owed.

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Securing Future Child Support Payments

A court can order a party to provide security for future support payments if there's a reason to believe they might not be made on time.

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Allocation of Child Support for Multiple Families

If a parent owes support to multiple families, and the available funds are insufficient, the court will allocate payments based on a percentage of the total support obligation.

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Modification or Termination of Child Support

Child support orders can be modified or ended due to significant and ongoing changes in circumstances, except for past due arrearages.

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Terminating Child Support Based on Fraudulent Paternity

A person ordered to pay support due to a presumed paternity claim can petition the court to terminate the order if paternity was established through fraud, duress, or a major mistake.

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Review of Child Support in Title IV-D Cases

In title IV-D cases, a party or the department can request a review of child support every three years, without necessarily showing a significant change in circumstances.

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Requesting an Early Child Support Review

In Title IV-D cases, if a party requests a child support review earlier than three years, they must demonstrate a significant and ongoing change in circumstances.

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Enforceability of Child Support Payments

Child support installments become legally enforceable as soon as they are due, and arrearages are considered final judgments.

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Voluntary Relinquishment of Custody as Defense

Voluntary relinquishment of custody to the obligor can be used as a defense against enforcement of child support arrears.

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Requirements for Relinquishment Defense

The relinquishment of custody as a defense must have been for a length of time exceeding court-ordered parenting time, and the obligor must have provided actual support for the child.

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Unreasonable Delay in Child Support Collection

If the obligee or the department delays in collecting child support for more than 10 years after a child's emancipation, the obligor may assert a defense based on unreasonable delay.

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Enforceability of Child Support Judgments

Judgments for child support and related costs cannot be renewed and remain legally enforceable until they are paid in full.

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Liability of Community Property for Out-of-State Debts

Community property is liable for debts incurred during marriage that would have been considered community debts if they were incurred in Arizona, even if the debt was incurred outside of Arizona.

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Arizona Law for Marital Property of Out-of-State Couples

When married couples who were not married in Arizona move to the state, marital property rights acquired during their marriage in Arizona are determined by Arizona law.

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Marital Property Acquired in Arizona

Marital rights to property acquired in Arizona during marriage are governed by Arizona law, even if the marriage took place outside of the state.

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Limited Income Withholding Order

A court order that allows the department of child support services to withhold a portion of an obligated parent's non-periodic or lump sum payments (like bonuses, settlements, or severance pay) to satisfy child support payments.

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Non-periodic or Lump Sum Payment

This term refers to payments that are not made on a regular schedule, such as bonuses, settlements, or severance pay. These are distinct from earnings received periodically, like regular salary or wages.

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Arrearages

These are funds owed to the beneficiary (often a child) from a former partner or parent. This can include current support payments, as well as missed payments from the past.

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Contest a Limited Income Withholding Order

This refers to a legal process that allows a parent or their representative to challenge the terms of a limited income withholding order. This can be done through an administrative review or by filing an appeal.

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Enforcement of Support Orders in Arizona

This law allows for the enforcement of support orders (like for alimony or child support) through various legal methods, such as liens, attachments, or garnishment. It also prohibits government agencies from charging fees for enforcing these orders.

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Enforcement of Support Orders in Court

Courts in Arizona have the authority to make judgments or orders, such as those resulting from divorces, custody hearings, or paternity cases. These orders can be enforced through various legal means like liens, attachments, or garnishment, similar to enforcing civil judgments.

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Fee Prohibition for Enforcing Support Orders

Arizona law specifically prevents government agencies from charging fees for enforcing support orders. This means that those seeking to collect payments from individuals who owe support don't have to pay extra to the State for doing so.

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Support Order Enforcement as a Right

Any court order requiring alimony, spousal maintenance, or child support can be enforced as a matter of right. This means those owed payments have the right to use various legal methods to collect what's due.

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Methods for Enforcing Support Orders

When enforcing support orders, the court will consider a variety of legal remedies. These can include liens, executions, attachments, garnishment, levies, receivership, provisional remedies, or any other enforcement allowed for civil judgments.

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Failure to Provide for a Child

A parent who knowingly fails to provide reasonable support for their minor child is guilty of a class 6 felony. This law emphasizes the responsibility of parents to financially care for their children.

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Voluntary Idleness or Reduced Income

A parent can be found guilty of failing to support their child, even if they're following a court order, if they voluntarily chose to remain idle or reduce their income.

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Court's Considerations for Failure to Provide

When deciding if a parent failed to provide reasonable support, the court considers all their assets, earnings, and entitlements. If the parent worked before or can work, the court may assume they can make at least minimum wage.

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Spousal Support Violation

A person who is required to pay spousal support as ordered by a court, but wilfully fails to do so without a valid excuse, will be charged with a class 1 misdemeanor.

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Notice and Intent

This crime applies only if the person has been officially notified about the spousal support order and deliberately chooses not to follow it without a justifiable reason.

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Class 1 Misdemeanor

A class 1 misdemeanor is the least serious type of crime. It's less severe than felonies but more serious than traffic violations. Penalties can include fines and even jail time.

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Purpose of Spousal Support Law

This law aims to protect the rights of a former spouse who relies on the court-ordered spousal support for financial stability.

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Consequences of Violation

Failing to comply with a court order can have significant consequences, including potential fines, jail time, and damage to your legal standing.

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Employer Cooperation in Child Support Enforcement

An employer, payor, or self-employed person must provide certain information about an individual obligated to pay support or maintenance within 20 days of receiving a written request.

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Who does the information request apply to?

This information applies to individuals who are either obligated to pay support or maintenance or against whom this obligation is sought.

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Who can request the information?

The request must be made in writing by the department or its agent, or by the child support enforcement entity of another state or its agent.

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What information must be provided?

The information includes name, social security number, date and place of birth, employment status, earnings, address, assets, health insurance coverage, and other benefits.

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Paternity Requirement for Information Disclosure

The requested information cannot be sought or provided unless paternity has been established.

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Consequences of Non-Cooperation

If an employer, payor, or self-employed person fails to cooperate, they may be required to pay costs and attorney fees.

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Protection of Address Information in Domestic Violence Cases

The requesting party cannot seek or receive protected address information under domestic violence orders.

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No Duty to Verify Domestic Violence Orders

Employers, payors, or self-employed persons are not required to investigate whether an order of protection exists before releasing information.

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Information Request Frequency

A request for personal information related to child support obligations can only be made once every three months.

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Employer's Electronic Contact Info

An employer must provide their employee's last known electronic contact information upon request from the Department.

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Permitted Reasons for Information Request

A party can request information under these conditions for purposes of identifying and locating individuals related to child support obligations.

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Illegal Use of Information Request

A party that requests or obtains personal information for any reason other than those listed is guilty of a criminal offense.

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Department's Role in Information Requests

The Department is in charge of enforcing child support laws. They can electronically deliver requests for specific information related to support.

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Priority of Child Support Judgments

In Arizona, child support judgments take priority over all other judgments, except for those related to previously recorded mortgages or liens on real or personal property, and only after a certified copy of the child support judgment is recorded with the county recorder.

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Priority of Actions under This Article

Actions taken under this article, unless otherwise specified by law, are given preference over all other civil actions.

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Purpose of this Article

This article outlines specific circumstances in which actions related to child support, property rights, and domestic violence need to be prioritized in court.

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What does this article prioritize?

Legal actions taken under this article are prioritized, meaning they are handled ahead of other civil actions.

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What is this article about?

This article outlines rules that explain the order in which legal actions and judgments are dealt with in Arizona.

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Child Support Lien in Title IV-D Case

A legal claim on property that ensures payment of a child support obligation. It attaches to both current and future property of the obligor.

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Perfecting a Child Support Lien

The department can perfect a lien by filing a copy of the child support order with the county recorder in the county where the obligor has property.

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Lien Amount Includes Accrued Amounts

The lien amount includes the support owed at the time of recording and any subsequent accrued amounts.

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Lien Priority

The lien has priority over other liens except those arising from mortgages, deeds of trust, contracts, conveyances, or security agreements previously recorded or filed.

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Payoff Amount for Lien Release

The department can provide a payoff amount to the obligor, which represents the total owed to release the lien.

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Releasing the Child Support Lien

The department can release the property subject to the lien at any time.

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Lien Release Upon Case Closure

The department is required to release the lien when a Title IV-D case is closed.

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Lien Release Doesn't Eliminate Debt

The lien release doesn't eliminate the unpaid support obligation; it only releases the lien on the property.

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Reimbursement for Overpaid Child Support

A court order that allows an obligor (the person who owes child support) to request reimbursement from the obligee (the person receiving support) for any overpayment made after the support obligation ends.

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Time Limit for Reimbursement Request

The obligor must file a request for reimbursement with the clerk of the superior court within 24 months after the support obligation ends.

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Court Judgment for Reimbursement

The court can issue a judgment for reimbursement against the obligee if it determines the support obligation has ended and all arrears are paid off.

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Direct Payment of Reimbursement

The obligee must pay the reimbursement judgment directly to the obligor, not through the court or the support payment clearinghouse.

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Reimbursement as a Civil Judgment

A reimbursement judgment is not considered a support judgment and is enforced only in the same way as a civil judgment.

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Spousal Maintenance and Veteran Disability Benefits

Federal disability benefits received by one spouse for service-connected disabilities are not considered when determining spousal maintenance.

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Requesting Party

The person who filed a motion for spousal maintenance in a case.

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What is Legal Separation?

A legal separation where the court decides on child custody, support, and property division but the couple remains legally married.

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What are the services offered by the Clerk of the Court in spousal maintenance collection?

The clerk of the court offers various services aiding individuals in spousal maintenance collection. These services can include providing information, assistance in preparing forms, and directing individuals to other relevant services regarding spousal maintenance and debt collection.

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How does the Clerk of the Court assist in spousal maintenance collection using state income tax refunds?

The clerk assists in intercepting a taxpayer's state income tax refund for collection purposes. This means that a portion of the taxpayer's refund can be directed towards unpaid spousal maintenance obligations.

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What role does the Clerk of the Court play in initiating an enforcement action to collect spousal maintenance?

The clerk aids in preparing the necessary documents and instructions for initiating an enforcement action. This helps individuals navigate the legal process to collect spousal maintenance.

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What type of additional support services does the Clerk of the Court provide related to spousal maintenance and debt collection?

The clerk provides information about services related to spousal maintenance and debt collection, which includes referrals to other organizations that offer further support.

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What information does the Clerk of the Court provide regarding the collection and enforcement procedures for spousal maintenance?

The clerk provides individuals with information regarding collection and enforcement procedures. This enables individuals to understand the steps involved in collecting spousal maintenance.

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Temporary Orders

A court order that addresses temporary arrangements for matters like child custody, visitation, spousal support, and property division while a divorce or legal separation case is pending.

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Why are Temporary Orders Issued?

The court may issue temporary orders in a legal separation or divorce case to ensure that the parties are financially supported and that the children's needs are met until a final judgment is reached.

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How can a Legal Separation be Terminated?

Arizona law allows for a legal separation to be terminated, which essentially restores the couple to the status of being legally married again. This means they are legally bound by the terms of their original marriage vows and are responsible for each other's debts and obligations.

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What Happens to the Marital Community When a Legal Separation is Terminated?

If a legal separation is terminated, the marital community is considered to be re-formed as if the parties had married on the date the separation was terminated. This means that the property owned by the couple is presumed to be community property again, and they are responsible for each other's debts.

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Jurisdiction Priority in Child Custody

When a question arises about whether the court has the right to handle a child custody case, this question is prioritized and dealt with quickly.

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Post-Petition Separate Property

Property acquired by a spouse after the divorce petition is filed, before the divorce is finalized, is considered their individual property.

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Initial Child Custody Jurisdiction in Arizona

A court in Arizona can only make an initial child custody decision if at least one of these conditions is met: 1. Arizona is the child's home state; 2. Another state court lacks jurisdiction, Arizona has a significant connection to the child and parents, and substantial evidence is available here; 3. All other courts with jurisdiction decline to act, making Arizona the better forum; and 4. No other court would have jurisdiction.

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Home State for Child Custody Jurisdiction

Arizona is the child's home state if they lived in Arizona for at least six months before the custody case started. Being temporarily absent from Arizona doesn't change this.

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Significant Connection for Child Custody Jurisdiction

A court in Arizona may have jurisdiction to make initial child custody decisions even if the child doesn't live in Arizona, if the child and at least one parent have a significant connection to Arizona, such as residing, working, or having strong personal ties.

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Substantial Evidence for Child Custody Jurisdiction

Arizona's courts can make initial child custody decisions if substantial evidence is available in Arizona concerning the child's care, protection, training, and personal relationships, even if other courts decline to act.

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Physical Presence and Child Custody Jurisdiction

Physical presence of a child or parent in Arizona isn't enough to give Arizona courts jurisdiction over child custody. The court must have grounds based on factors like home state, significant connection, or being the best forum.

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When can Arizona courts modify custody determinations made in other states?

A court in Arizona can modify a child custody determination made by another state's court if it has jurisdiction to make an initial determination and either the other state's court decides it no longer has exclusive jurisdiction or the child and relevant parties no longer reside there.

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What are the specific circumstances where Arizona can modify a custody order?

Arizona courts can modify custody orders if the other state court determines it no longer has exclusive, continuing jurisdiction under section 25-1032, or if Arizona is considered a more convenient forum.

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Can Arizona change custody orders if the parties no longer live in the original state?

If Arizona or another state determines that the involved parties no longer reside in the other state, Arizona can modify a custody determination made elsewhere.

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What are the limitations on Arizona's authority to change child custody decisions made in other states?

A court in Arizona is barred from modifying child custody decisions made by other states except as outlined in section 25-1034, unless Arizona has jurisdiction to make an initial custody determination and the conditions defined in sections 25-1031, 25-1032, and 25-1037 are met.

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Who can modify a custody determination from another state?

Arizona courts will generally not modify a child custody determination made by another state's court, unless certain conditions are met regarding jurisdiction and residency.

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What is temporary emergency jurisdiction in Arizona?

A court in Arizona has temporary jurisdiction over a child custody case if the child is in Arizona, and the child has been abandoned or is in immediate danger of abuse or neglect.

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How long does a temporary emergency order last?

If there's no prior custody order and no case started in another state, this temporary order remains in effect until a court in the state with permanent jurisdiction decides.

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What happens if there's an existing custody order or case in another state?

If there's a previous order or a case in another state, the Arizona court sets a time limit for the person seeking the order to get a decision from the other state's court.

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What does an Arizona court do if it learns about another state's involvement in a custody case?

If an Arizona court is dealing with a child custody request under temporary emergency jurisdiction and learns that a case is already open or a decision made in another state, they must immediately contact the other court.

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Inconvenient Forum

A court in Arizona may decline to hear a child custody case if it determines that a court in another state is a more appropriate forum due to various factors like the child's residency, distance, and financial circumstances of the parties.

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Appropriate Forum Determination

Before deciding if Arizona is an inconvenient forum, a court considers if another state would be a suitable place to hear the case. This involves looking at factors such as the child's residency outside Arizona, the distance between courts, and the financial situation of the parties.

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Domestic Violence Consideration

The court must examine the extent and likelihood of domestic violence, and consider which state can better protect both the parties and the child.

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Staying Proceedings

When a court decides that Arizona is not the most appropriate forum, it can halt the proceedings temporarily, requiring the case to be initiated promptly in another state. The court might also impose additional conditions as deemed necessary.

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Declining Jurisdiction

The court may choose to defer handling a child custody determination if it is part of a larger case like divorce or other legal proceedings. However, the court retains control over the divorce or other case.

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Factors in Determining Inconvenient Forum

A court in Arizona can consider several factors when determining if a case should be heard in a different state. These include the length of time the child lived outside of Arizona, the distance between courts, the parties' financial situations, any agreements they've made, the evidence needed, and the efficiency of each court.

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Evidence and Testimony

The location of the evidence required to resolve the case and the testimony of the child are significant factors in determining the most convenient forum.

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Transfer Conditions

If the court finds Arizona is an inconvenient forum, it will stop the proceedings and require the case to be started in another state. The court may also set specific conditions for transferring the case.

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Temporary Visitation Order

A court in Arizona can issue a temporary order to enforce a visitation schedule set by a court in another state. This applies even if the Arizona court doesn't have the power to make permanent child custody decisions.

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Enforcing Visitation Without a Schedule

If the other state's order doesn't have a specific visitation schedule, an Arizona court can still create a temporary one. This temporary order lasts for a certain amount of time, giving the petitioner time to get a more permanent order from the proper court.

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Temporary Order Duration

When an Arizona court issues a temporary order, it must state how long the order is in effect. This time period is intended to provide enough time for the petitioner to officially obtain an order from the court that has jurisdiction over the case.

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Temporary Order Expiration

The temporary visitation order remains in effect until one of two things happens: either a court with the proper jurisdiction issues a permanent order, or the set time period for the temporary order expires.

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Temporary Order Timeline

The Arizona court issuing a temporary order needs to specify how long the person requesting it should have to get a permanent order from the right court. This is a specific time frame that the court considers sufficient for getting the right outcome.

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Support Order Recognition

A court can issue a support order, even if the individual seeking the order or the support enforcement agency is located outside the state.

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Temporary Child Support Order

A court can issue a temporary child support order if the individual ordered to pay is either a presumed father, petitioning to adjudicate paternity, identified as the father through genetic testing, an alleged father who declined testing, proven to be the father by clear and convincing evidence, an acknowledged father, the child's mother, or an individual with an outstanding, unreversed child support order.

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Duty of Support

The court must find that the individual ordered to pay support owes a duty of support before issuing a support order and may issue other orders as outlined in the statute.

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Temporary Child Support Order Appropriateness

The court may determine if it is appropriate to issue a temporary child support order based on the circumstances.

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Support Order Issuance: Out-of-State Jurisdiction

A support order can be issued even if the requesting party or the support enforcement agency is located outside the state, ensuring support orders are enforced across state lines.

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State Funding Limit for Long-Term Care

The amount of money that the state will spend on long-term care in a fiscal year is limited to the amount that has been approved by the legislature.

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Compliance with Federal Requirements

The director of the long-term care system cannot create rules or contracts that go against federal requirements or risk losing federal funding.

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Director's Rule-Making Power

The director of the long-term care system can create rules to ensure the system operates effectively. These rules can take into account the differences between rural and urban areas.

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Minimum Resource Allowance Adjustment

The minimum amount of money that a spouse or family at home is allowed to receive is adjusted annually based on inflation.

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Financial Viability Monitoring

The director can require nursing homes and hospices to provide quarterly financial statements if their financial stability is in question.

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Monthly Financial Reporting

The director can require monthly financial statements if a nursing home or hospice's financial stability is in question.

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Noncovered Medical Expenses

Expenses related to medical or remedial care that aren't covered by insurance or other payors are not allowed as a resource.

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Care Delivery Review Committees

Review committees can be set up to oversee the delivery of care in long-term care facilities. These committees have legal protections and immunities.

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What is the Arizona Long-Term Care System?

The Arizona Long-Term Care System is established to manage and deliver healthcare services to members through program contractors and providers, guided by federal regulations and emphasizing existing county and department programs when suitable.

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What are the administration's operational responsibilities in the Arizona Long-Term Care System?

The administration is fully responsible for the system's operations, including contracting with program contractors, approving comprehensive service delivery plans, providing technical assistance to program contractors, and establishing a uniform accounting system.

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What role do "program contractors" play in the Arizona Long-Term Care System?

Program contractors are responsible for delivering services to members under the Arizona Long-Term Care System, including managing eligibility determinations and preadmission screenings. They also manage quality control measures to ensure high-quality care.

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What is 'quality control' in the Arizona Long-Term Care System?

This system ensures the quality of care provided under the Arizona Long-Term Care System, meeting federal requirements. It includes things like quality control checks on eligibility and care delivery.

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What is a "uniform accounting system" in the Arizona Long-Term Care System?

A uniform accounting system helps standardize financial practices for program contractors and providers of institutional and home-based services, ensuring transparency and consistency in financial management.

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What power does the director have over

The director can review and approve or reject program contractors' proposals for providers and subcontracts, ensuring alignment with the system's goals and compliance with regulations.

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What are the 'financial and performance audit' requirements?

The system includes financial and performance audits for program contractors, providers, and non-contracting providers, ensuring their financial stability and effectiveness in delivering care.

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What remedies can the director use to keep a nursing care institution operational?

The director, in collaboration with the Department of Health Services Director, can appoint temporary management for nursing care institutions to keep them operating if necessary.

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Medical Child Support Implementation

The government can enter into an agreement with the Department of Economic Security to implement the requirements for medical child support.

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Long-Term Care Services for Tribal Members

The administration may enter into an intergovernmental agreement with an Indian tribe, council, or organization to provide long-term care services for eligible members.

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Adult Foster Care Certification

The administration can contract with other organizations to carry out the certification process for adult foster care providers.

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Financial Audits for Nursing Care Institutions and Hospices

The director of the administration can periodically contract for financial audits of nursing care institutions and hospices to ensure proper billing practices and compliance with federal law.

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Notice for Reimbursement Policy Changes

The administration is required to provide notice to interested parties at least 30 days before implementing reimbursement policy changes.

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Residency and Qualified Alien Status Requirements

The administration must establish rules that define the requirements for state residency and qualified alien status for eligibility.

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Posteligibility Income Treatment

The director must adopt rules to determine how much income a member can retain for personal needs or to support a spouse or family.

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Funding for System Violation Investigation and Prosecution

The administration can seek federal funds to investigate and prosecute violations related to the system's administration and operation.

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Grievances and Hearings Procedures

The director can establish time frames and procedures for grievances and hearings related to the system.

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Contract Compliance Record Availability

The administration must ensure all records related to contract compliance are readily available for inspection, including by the U.S. Department of Health and Human Services.

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Member Transition Rules

The director needs to adopt rules to specify methods for transitioning members into, within, and out of the system while ensuring smooth transfers of medical records and services.

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Contract Compliance Penalties

The director can adopt rules that allow the withholding or forfeiting of payments made to program contractors for failing to meet contract or administrative requirements.

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Federal Funding for the System

The director can apply for and accept federal monies under Title XIX of the Social Security Act in support of the system.

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Confidentiality and Information Release Rules

The director can adopt rules to prescribe confidential information in the system and establish procedures for its release and use, including physician-patient confidentiality.

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Payment Withholding or Forfeiture Rules

The director must adopt rules on how to handle payments to program contractors if they fail to comply with their contracts or administrative rules.

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Study Notes

Arizona Long-Term Care System (36-2932)

  • The system manages and delivers hospitalization, medical care, institutional services, and home/community-based services to members.

  • Federal participation is under Title XIX of the Social Security Act.

  • The director considers existing county/department programs when meeting federal requirements.

  • System administration is fully responsible for:

    • Contracting and certifying program contractors (meeting federal laws).
    • Approving program contractors' service delivery plans (36-2940).
    • Allowing director review/approval of contractor requests for provider proposals/subcontracts.
    • Providing technical assistance to program contractors.
    • Implementing a uniform accounting system for contractors/providers (institutional/home/community-based).
    • Conducting quality control on eligibility and pre-admission screenings.
    • Establishing/managing quality of care systems (as required by federal law).
    • Establishing an enrollment system.
    • Creating a member case management tracking system.
    • Developing methods to prevent fraud by applicants, members, eligible persons, contractors, providers, and non-contracting providers (as required by federal law).
    • Coordinating benefits (36-2946).
    • Establishing service coordination standards.
    • Establishing financial/performance audit requirements for contractors/providers/non-contracting providers.
    • Prescribing remedies (including temporary management appointments, working with the Department of Health Services) if required by 42 U.S. Code section 1396r.
    • Implementing medical child support requirements and potentially collaborating with the Department of Economic Security via intergovernmental agreement.
    • Establishing criteria/guidelines for trust review regarding eligibility (36-2934.01) and posteligibility income treatment.
    • Accepting delegation of authority from the Department of Health Services to enforce adult foster care provider certification standards (36-410, subsection B) (and contract with other entities as needed).
    • Assessing civil penalties for improper billing (36-2903.01, subsection K).
  • Periodic financial audits are required for nursing care institutions and hospices (certified public accountant, generally accepted auditing standards).

    • Institutions/hospices notified at least 60 days before an audit.
    • Reimbursement for additional expenses related to accounting services may be possible.
    • Audit copies provided to the Department of Health Services on request.
  • Intergovernmental agreements are allowed with Indian tribes for long-term care services (36-2939, subsections A1, 2, 3, 4, and B2, C; restrictions in subsections D and E apply).

  • Records of contract compliance must be available for inspection (five years).

  • Confidential information rules are adopted (including physician-patient confidentiality). Information exchange among contractors, administration, and department for eligibility determinations is allowed.

  • Rules specify methods for member transitions (transfer of members, medical records, service initiation/termination).

  • Rules allow withholding/forfeiting payments to program contractors for noncompliance.

  • Rules establish grievance/hearing procedures (consistent with 36-2903.01, subsection B, paragraph 4).

  • Director may apply for and accept federal/private funding (Title XIX of the Social Security Act, other grants, contracts, donations).

  • Notification to interested parties at least 30 days before implementing policies/policy changes regarding reimbursement.

  • Director can apply for funding to investigate/prosecute violations.

  • Rules for state residency/qualified alien status are set and enforced as part of the eligibility process (36-2903.03). County of residence for program contractor assignment will be determined.

  • Rules establish standards for posteligibility income/resource treatment to determine the portion of income available for service payments.

    • Included are provisions for personal needs allowances, spousal/family maintenance, and non-covered medical expenses.
  • The director can adopt other necessary rules (considering rural/urban differences).

  • Director cannot adopt rules/contracts that conflict with federal requirements or jeopardize federal funding.

  • Review committees are allowed for care delivery.

  • Financial viability concerns may necessitate quarterly financial statements.

  • State spending limits are in place (35-173).

  • Expenditure limitations are imposed for responsibility and right creation that exceed budget authorization.

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Description

This lesson plan provides an in-depth overview of family law as governed by the Arizona Revised Statutes (ARS). It is designed for online learners, including law students, legal professionals, and individuals seeking a comprehensive understanding of family law in Arizona. The course covers key statutes, legal principles, and practical applications in areas such as marriage, divorce, child custody, child support, spousal maintenance, and adoption.

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