Phoenix Family Law Blog

On November 12, 2010, thousands of women and men will unite and walk 60 miles through our community. The Susan G. Komen 3-Day for the CureTM is a weekend of hope, as we honor lives lost, celebrate survivors, promote breast cancer research and help bring breast cancer care to those who so desperately need it.

I have committed myself to walk and have agreed to raise a minimum of $2,300 to help fight breast cancer. Net proceeds from the Komen 3-Day for the Cure are invested in breast cancer research and community programs.

As we discussed previously in Part 1 and Part 2...

A domestic support obligation (DSO) is a debt owed by a bankruptcy debtor to a spouse, ex-spouse, child, parent, legal guardian, or governmental agency. These are obligations intended to cover the recipient obligee's basic needs and upkeep and, so, include child support and spousal maintenance under a separation agreement or court order. DSO claims are non-dischargeable in bankruptcy.

Previously in Part 1, we discussed Arizona's rising bankruptcy filings and the prioritization of domestic support obligations (DSOs) in personal bankruptcy. DSOs include both child support and spousal support.

In today's struggling economy, there is nothing novel about someone filing for bankruptcy relief. On the one hand, a petitioner may hope to be discharged of as many debts as possible so that sufficient funds remain available to pay support obligations. On the other hand, a petitioner may hope to avoid support obligations by filing for bankruptcy protection.

Child support disputes are not uncommon in family law cases, but the case between billionaire Donald Bren and his two children is a unique circumstance. First, most families do not have billions of dollars to fight over, but there is another oddity in the child support case.

The children in this case are not children, but they are adults. Christie Bren is 22, and David Bren is 18. They are adults, but they are seeking child support from their father in order to make up for past years.

Donald Bren was never married to Christie and David Bren's mother, so no divorce proceeding was ever necessary. But the couple reportedly did come to child custody and child support arrangements at the time of their separation. The mother had full custody of the kids.

Whether in anticipation of divorce, in the middle of divorce proceedings, or after the divorce is final, bankruptcy can create havoc for debtors and creditors alike. Family law attorneys are familiar with the anxiety their clients' suffer when the threat of bankruptcy becomes a reality.

Do child support obligations disappear along with other discharged debts? Will an ex-spouse lose her claim to spousal maintenance because of her ex's insolvency?  The short answer to both questions is "No"--domestic support obligations (DSOs) survive bankruptcy. But at a time of record bankruptcy filings, being vigilant in protecting those obligations could mean the difference between security and disaster.

By now, most of the American public has heard of the divorce between Frank and Jamie McCourt. Frank McCourt is the owner of the L.A. Dodgers, but this complex divorce is putting his title as owner in jeopardy -- at least the tile of sole owner.

Jamie McCourt filed for divorce last Oct., a brave step considering the couple was married for 30 years and shared a luxurious life together. It seems, however, that the biggest risk of this divorce in the eyes of Jamie McCourt is that she might lose out on being a part of the Dodgers team.

According to sources, Jamie McCourt always wanted to be part of a professional baseball team when she was growing up, and the details of this divorce settlement will determine her status within the organization.

Thinking a new job for less money will automatically reduce your support obligation to your ex? Well, think again.

When you change jobs and accept less money, you could still be obligated to pay support based upon the higher paying job that you quit. Support may be based on earning capacity and not actual earnings. Here's an illustrative Mohave County case... 

Arthur Pullen was moving on with his life. After 29 years of marriage, his wife Connie had filed for divorce in Arizona. With the trial still ahead, he decided that a move to Port Townsend, Washington, and a new job were just what he wanted. He quit his job as a commercial truck driver for FedEx in Kingman and moved to Washington. FedEx had no positions available in Port Townsend for Arthur, and he rejected any transfer to another location.

Family law cases can sometimes make for a hostile environment, wherein spouses contest who cheated on whom, who deserves what assets, who should get child custody of the kids and how much one should pay in child support. All of these are life-altering, sensitive decisions that bring out volatile emotions in even the most level-headed people.

That is why the recent child custody agreement made between Levi Johnston, 20, and Bristol Palin, 19, is a hot topic in the news. The young, Alaskan couple has consistently made the news by attacking each other's character, and their relationship has gone through various stresses.

Those stresses include teen pregnancy during a vice presidential campaign, cancelling their engagement, teen parenthood, Levi posing in Playgirl and badmouthing Sarah Palin and a reconciliation that quickly ended when Levi admitted he might be the father of another woman's baby. Despite all of those complicating circumstances, Levi and Bristol managed to wise up and come to a fair, healthy agreement for their baby boy Tripp.