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NEW LAW UPDATES

Posted on 5th April 2011 by RadiateWP in Blog, Civil Lawsuits, Divorce and Custody

Clearinghouse Fees Effective July 1, 2010, the processing fee for child support/spousal maintenance payments is $5.00 per month. Notifcation of Access to Child By a Sexual Offender or One Convicted of a Dangerous Crime Against a Child A.R.S. §25-403.05 New subsection (B) required that a parent or custodian of a child must immediately notify the other parent if “knows that a convicted or registered sex offender or a persona who has been convicted of a dangerous crime against children . . . may have access to the child.”  The notice must be made by first class mail, return receipt requested or by electronic means. Declared Public Policy of the State A.R.S. §25-402.02(A) has a new section 6 requiring that a joint custody agreement indicate that each party understands the notice required by the new A.R.S. §25-403.05. A.R.S. §25-103 has a new section (B) and (C) stating that “absent evidence to the contrary” it is in a child’s best interest to have “substantial, frequent, meaningful and continuing parenting time with both parents” and to “have both parents participate in decision making about the child.”  Section C mandates that the court apply the provisions of Title 25 in a manner consistent with this stated public policy. Attorney Fees A.R.S. §25-324 has a new section (B) that requires the court to award attorney fees if a petition is filed under one of the following circumstances: 1) not in good faith; 2) not grounded in fact or based on law; or 3) filed for an improper purpose such as harassment or to cause unnecessary delay or expense. Relocation A.R.S. §25-408 has been modified to provided that a court SHALL sanction a party who does not give the required notice regarding relocation without good cause. Limited Income Withholding Orders A.R.S. §25-505 has been amended to add the following types of payments to “lump sum proceeds”: excess proceeds, retroactive disability proceeds, and personal injury awards. Contact www.SimonLawGroupAZ.com for your free initial consultation with an attorney. 480-745-2450 (602) 926-1212 (623) 321-5200]]>

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