Tucson Family Law Blog

Some Arizona parents might be concerned during a divorce about the other parent having access to their children if that parent has been abusive. Courts generally encourage children to spend time with both parents, and in some cases, allegations of abuse might not be believed or adequately investigated.

It is not uncommon for people who have been abusive spouses, parents or both to try to control the situation by suing for custody. The phrase "coercive control" refers to tactics that may include financial, mental, emotional and legal abuse as well as stalking. Abusive parents might try to manipulate the child by telling lies about or even threatening the other parent or the child's stepparent. According to the American Psychological Association, courts may not consider a history of abuse when awarding custody. The American Judges Association concluded in a 2012 study that in more than two-thirds of challenged cases, abusive parents convinced a court that the other parent should not get sole custody or was unfit. One domestic violence expert says courts downplay the dangers to children of a parent who is abusive toward the other parent.

Arizona fans of singer Britney Spears might have heard about her successful Las Vegas residency. She earned $15 million per year there, but it also reportedly caused her ex-husband, Kevin Federline, to demand more in child support for their two sons.

Spears and Federline, who was a backup dancer, split up in 2007, and she paid him $1.3 million at the time and also agreed to pay several years of spousal support, which is now $20,000 per month. However, this child support amount was based on her income at a time when her career was flagging and she was struggling with mental health issues. In addition to the Vegas residency, she has released four albums since then.

Before tying the knot, marriage-bound Arizona residents should think about protecting their assets. While it may seem very cynical to make plans for what could happen during a divorce, having the proper safeguards in place is often a wise move.

In order to protect what they own, spouses should make sure that they maintain separate financial accounts. Many couples may choose to have joint accounts to conveniently pay for certain expenses. However, it may be prudent to create a new account for joint financial obligations instead of adding a spouse's name to an existing account. For an individual who has already combined finances with their spouse's, they should open an account in their name only if they receive an inheritance or gift. Separate accounts should also be used for expenses for any assets that are in just one party's name.

For Arizona parents who receive child support, tracking and enforcement payments by the paying parent is an important part of the process. Each state has its own system of doing this, and many states have attempted, planned or begun modernization efforts of these systems over the years. Currently, each state upgrades its own system with the federal government then reimbursing the state for 66 percent of the cost. The federal government is seeking to change the way this works.

The federal government is asking for $63 million to be added to the 2019 budget, delegated to the Department of Health and Human Services to be used to create a child support enforcement system that it would then make available to all states. While the details about the way this would work, what the system would be like and when it would be made available to the states have not been released, the government has stated that this will save money in the long run: up to $800 million in 10 years.