Archives for November 2013

Let’s say that for the past 10 years since your Arizona divorce, you and your former spouse have smoothly cooperated in the support, care and decision-making for your child.

As primary custodian, that ex-spouse has been accepting checks you have been sending since losing a job or taking a pay cut, being relocated or remarried, or becoming seriously ill and dealing with health care expenses. It occurred to neither of you to execute a formal, legal, drafted and signed modification of support, custody and visitation — parental rights you simply assumed, and carried out to the best of your ability.

With no documentation to prove what you have accomplished outside the law, and with your comfort level so high that you never saved a check stub or other records that reflected your “arrangement”  — you are now financially exposed and vulnerable to the possibility that your ex-wife or ex-husband could very well change their mind, take you to court, and accuse you of having been a deadbeat dad or mom all these years.

And that suddenly vindictive former spouse would have a very good chance of winning.

A family law attorney with an agenda could convince your ex that seeking more money in a family court is a good idea, whether or not you can afford it. Nothing has been signed between you as co-parents since the financial “hit” that affected your support payments. That same lawyer may even try to disguise legal fees as additional arrears on behalf of his or her equally underemployed client, in which case you would essentially be paying for your own mistreatment — your completely unwarranted punishment for what used to be a “go along to get along” attitude.

The lesson? When lifestyles change, suddenly or gradually, dramatically and substantially, pursue a formal legal modification of your divorce settlement obligations. Do it then and there. Discuss it, draft it, sign it. You will be doing yourself a huge favor by taking guesswork out of a post-divorce relationship that can go south at any moment.

If this harrowing situation describes yours, or you fear that it might someday, and you want to protect your access to your child after a divorce, you should contact experienced divorce and family law attorney Steven Zachary of the Zachary Law Group in Gilbert. Our trusted law firm’s founder can tell you more about the importance of protecting yourself legally from the whims of an ex-spouse who has had too much time to think about, and feel manipulated by, informal revisions of your responsibilities.

This is the  kind of problem you can try to wish away, sweep under the rug, turn a blind eye and deaf ear to until it can’t be ignored anymore … or you can “Zach it.” Every problem has a solution, and solutions are what Steven Zachary’s leadership is all about. Call today for an initial consultation. 480-389-3533.

Divorced parents petition courts for the right to relocate and reside outside Arizona for a number of reasons — some legitimate, some not. These reasons can include remarriage, business or military transfer, job-seeking and the urgent need for specialized health care that is only available in another state.

Some parents behave irresponsibly, going outside the legal system to spirit a child across state lines in what amounts to a virtual abduction. Others realize the need to pursue legal channels and do things right the first time, continuing communications with the co-parent left behind and serving the best interests of the child.

A parental relocation with a child from a previous marriage can be a heart-rending situation. So can the denial of a move to relocate. In either instance, the competence and compassion of a skilled divorce modification lawyer can cushion the blow and create ways to keep a family together, despite these circumstances.

Steven Zachary of the Zachary Law Group is an experienced, client-focused family law and divorce attorney in Gilbert, Arizona. He delivers quality advocacy for you and your goals when a parental relocation needs to be requested or contested in family court.

Mr. Zachary’s leadership is designed to bring you peace of mind, comfort your concerns and help you to continue with your brighter post-divorce future. He also believes deeply in “the best interests of the child” and does whatever he can to help parents maintain prominent roles in a child’s upbringing, regardless of the miles that separate them.

Has a proposed out-of-state relocation of a child of divorce become a problem for you? Please remember that every problem has a solution. Your best option is to “Zach it.” The law is on your side. Call Steven Zachary today and take your worry away with an initial consultation. 

If you suspect that your husband or wife is hiding assets from you during negotiations for asset and property ownership, you should reach out to a detail-minded, client-focused family law attorney with experience in the rough-and-tumble of contested and high asset divorce.

You would think it would be difficult to hide property — actual real estate, such as a faraway retirement home, ski chalet or plot of undeveloped land — but some people will try anything once. Then there is the offshore bank account, typically coming to rest somewhere in an European or Caribbean tax haven. And the expensive car registered in someone else’s name. These ploys do not exactly reflect an eagerness to bargain in good faith when divvying up assets accumulated during a marriage that has failed.

Rights that are protected in a prenuptial agreement notwithstanding, you also have rights to your fair share of everything that hasn’t been mentioned. When those unmentionables wind up being hidden from the government as well as you, the party responsible for hiding them could wind up in big trouble.

Speaking of investments, it might be worth your while and worth the expense to have your lawyer bring in what’s called a forensic accountant — a financial analyst with proven skills at unearthing ways that astute businesspersons use to get around the law, and his or her responsibility to you and any children you share.

The goal of the forensic accountant is to find and investigate every piece of insider info collected by the wheeler-dealer you’re divorcing, every penny of profit from every shady deal, every half-truth conveyed through counsel during negotiations.

You owe it to yourself and your children, this effort to live in the way you’ve become accustomed. Fortunately, a call to the Zachary Law Group requires very little effort. Experienced divorce and family lawyer Steven Zachary in Gilbert believes that for every problem, no matter how expensive or emotional, there is a solution. You can wish it away, you can let your spouse get away with it, or you can put your foot down and … “Zach it.”

Contact us today and let the Zachary Law Group take your worry away. 480-389-3533.