Late last year the Arizona Court of Appeals ruled on a case in which the former husband filed for bankruptcy one month after the Family Court entered his divorce decree dividing the former wife's pension and a substantial amount of community debt. People often consider filing for bankruptcy after their divorce or worry that their former spouse may file bankruptcy. This case directly addressed the subject.
The Family Court evenly divided the former wife's pension and ordered each party to pay one-half of the wife's student loan debt, and allocated about $15,000 in credit card debt among the parties. The former husband then immediately filed for Chapter 7 bankruptcy relief and received a discharge as to all of the debt. The former wife then filed to set aside the Family Court's decree and to re-allocate her pension. The trial court set aside the decree and awarded the former wife 100% of her pension because she was now stuck with all of the debt.
The Court of Appeals affirmed the trial court's ruling using the abuse of discretion standard, which means that if the trial court's ruling is consistent with the law and if there is an evidentiary basis for the ruling, then the appellate court will not disturb the trial court's ruling. You can review the Court of Appeals Decision here: http://law.justia.com/cases/arizona/court-of-appeals-division-one-unpublished/2016/1-ca-cv-15-0540-fc.html
Many people seek answers to their family law questions on the internet. My website has a lot of information and answers to peoples' questions. I have also answered a lot of actual questions from people on Avvo.com. A good example of this family law Q & A is my last answer:
What can I do? She works 10 hour days and leaves him with whoever will watch him.
If there is no order and you were never married to the mother, she has the right to take your son at any time because children born out of wedlock in Arizona are in the sole care and custody of the mother until a court makes an order to the contrary. Therefore, if this is the case you should probably act quickly and file to establish paternity, legal decision making and parenting time.
If there is a court, order, you have to abide by the court order. Either one of you can file to modify the court order, assuming that it has been long enough since the court entered the order.
If you are married and there is not court order, then neither one of you has a superior right to the other.
To see all of my answers on Avvo.com, go here: https://www.avvo.com/attorneys/85013-az-thomas-morton-419854/answers.html
You can also browse answers from many other attorneys.
Thomas A. Morton, P. L. L. C.
2916 N. 7th Avenue, Suite 100
Phoenix, Arizona 85013
If you have a legal issue but aren't sure how to handle it, call Thomas A. Morton, Attorney.
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All information on this website is not, and is not intended to be, legal advice. You should consult an attorney for advice regarding your individual situation, as each case is different and contains different facts. I invite you to contact me and welcome your calls, letters and e-mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information until you establish an attorney-client relationship with me.
Attorney Thomas A. Morton is located in Phoenix, Arizona, and serves clients throughout Maricopa County, including Tempe, Mesa, Scottsdale, Glendale, Peoria, Gilbert, Chandler, Goodyear, Surprise, Avondale, Cave Creek, Carefree, New River, Anthem, Black Canyon City, Sun City, Laveen, Buckeye, Goodyear, Litchfield Park, Tolleson, Youngtown, Queen Creek, Guadalupe, Fountain Hills, Paradise Valley, Wickenberg, Apache Junction, and El Mirage.