Timothy W. Durkin Law Blog

Threats of, “I’ll file for bankruptcy before you see any child support,” are made regularly to the clients we represent at JacksonWhite. If your spouse, ex-spouse or significant other is trying to scare you with a threat like this, do not worry. The threat is not valid.

The Bankruptcy Court sees both child support and alimony as a type of debt referred to as “Domestic Support Obligation” or “DSO”. If the debt owed is child... Read More

Going through a divorce is never easy, but we all know, and hopefully understand, that divorce can be especially hard on children. The Superior Court in Maricopa County certainly realizes this and under Arizona law, the parent information class is mandatory in a divorce or custody action. Pursuant to ARS§ 25-351, “The program is required for all parents involved in a legal separation, divorce, or paternity case in which the Court determines child support, visitation, or... Read More

The Fourth of July is this weekend, one of the major U.S. holidays on the calendar and if you’re like me, images of swimming pools and backyard barbeques come to mind. Living in Arizona means staying cool is a must, but it can help trying to catch the local fireworks show despite the heat. Unfortunately, holidays can be anything but idyllic for parents sharing custody of children. I’ve put together a few tips for divorced parents to keep in mind this holiday and those holidays... Read More

Maricopa County recently implemented a new judicial tool to assist with the enforcement of unpaid child support and spousal maintenance orders. This new tool is called Accountability Court. The Accountability Court’s focus is on the strict enforcement of child support and spousal maintenance orders. Accountability Court is described as a problem-solving court, with the problem being parents and ex-spouses who are in contempt for nonpayment of a support order, and the... Read More

Orders of Protection (also sometimes referred to as restraining orders) prohibit one person from contacting another. They are used many times in situations of domestic violence and/or abuse. To obtain an order of protection in Arizona, the abusive party must have one of the following relationships with the person who is seeking the Order:

¿ Spouse
¿ Former Spouse
¿ Lives or previously lived in the same residence
¿ Related by blood
¿ Related by marriage
¿ A... Read More

Did you know that in Arizona, just listing a father’s name on a birth certificate is not sufficient to establish paternity? If a child’s parents were not married when the mother became pregnant or when the child was born, that child has no legal father until paternity is established. This can become a serious issue for couples who never marry but have children together.

There are many reasons why establishing paternity is important for both the child and the father. Until... Read More

In a recent blog, I discussed Orders of Protection and how to obtain one if you are a victim of domestic violence. But what is considered an act of “domestic violence”? Some forms of domestic violence are obvious, such as hitting, pushing, or otherwise physically striking another person. Other forms of domestic violence may be less obvious, such as verbal threats, intimidation, harassment and stalking.

Because domestic violence most frequently happens within families, an... Read More

Those of you who have an active Arizona child support or spousal maintenance case may have noticed a change in the Arizona Support Clearinghouse fee structure. On March 18, 2010, Governor Jan Brewer signed House Bill 2011, a bill that addresses the budget issues currently facing the State of Arizona. The support clearinghouse fee increase is part of that bill and the fee increase went into effect July 1, 2010. If you are currently ordered to pay child or spousal support through the... Read More

Marriages do not end because spouses are getting along too well. And, a marriage that ends in dispute many times leads to a legal battle that only increases the amount of conflict and stress felt by all parties. Unfortunately, Arizona divorce law is designed to be adversarial in nature. When one spouse is pitted against the other in an adversarial proceeding , the parties many times overlook the possibility of reaching common ground and mutually acceptable positions.

A contentious... Read More

I recently represented a Father in a contested child custody case where the primary issue in dispute was the religion of the parents. The Mother argued that because Father’s religion was so doctrinally different from hers, the child would be “harmed” by being exposed to the two conflicting religions. Mother therefore argued that she should have sole custody, and that Father should have no parenting time on Sundays, because this was the only way, as she supposed, to assure... Read More