- DivorceA “contested divorce” refers to a dissolution of marriage matter in which the parties are unable to agree on one or more issues that must be resolved to terminate their marriage.
- Child SupportChild support in Arizona is calculated using a formula based upon an Income Shares Model that is set forth in the Arizona Child Support Guidelines. Pursuant to this model, the total child support amount approximates the amount that would have been spent on the children if the parents and children were living together. Each parent contributes his or her proportionate share of the total child support amount. The court may order either parent owing a duty of support to a child born to the parents to pay an amount reasonable and necessary for support of the children.
- Child Custody and VisitationChild custody is a term that was once used in Arizona to describe a parent’s decision-making authority for and visitation with their children. The term now is legally obsolete. Arizona has replaced the term child custody with its two component parts: legal decision-making and parenting time. Legal decision-making refers to the parents ability to make non-emergency medical, educational, religious, and personal care decisions for the children. Parenting time (visitation) is the schedule established for each parent to have the children in their care. It is the declared public policy of the state of Arizona that it is in a child’s best interest...
- Adoption
- PaternityThe Court will also order child support utilizing the Arizona Child Support Guidelines. In paternity matters, the Court is permitted to order child support retroactively up to three (3) years if the parents have not been residing together. A payment plan will often be established for retroactive support rather than a requirement to pay a large lump sum.
- Premarital AgreementIt can address the spouses ownership rights in current and future assets. It is different from a separation agreement which is entered in resolution of a divorce. A post-nuptial agreement is also different than a prenuptial agreement which is entered prior to marriage.
- GuardianshipMs. Gutierrez began her legal career representing the Department of Child Safety (DCS) as an Assistant Attorney General. In that capacity, Ms. Gutierrez litigated on behalf of DCS in matters regarding dependency, guardianship, adoption, and termination of parental rights. Ms. Gutierrez then entered private practice where she handled family and juvenile matters. Ms. Gutierrez empathizes with each client’s unique situation and is committed to helping clients through difficult challenges with dignity and respect.
- Spousal SupportA party’s entitlement to receive or obligation to pay spousal maintenance (alimony) depends on a number of factors and is unique in each case. The purpose of spousal maintenance is to assist a party who is not in a position to meet his or her own reasonable needs after a separation or divorce to achieve the goal of financial independence.
- Legal SeparationThe primary difference is that at the conclusion of a legal separation, the parties are still legally married. Legal separations are uncommon. Some reasons people seek a legal separation rather than a divorce include to allow one spouse to remain covered by health insurance and religious reasons.
- Juvenile CrimesMarilyn Gutierrez is an associate for Fromm Smith & Gadow, where her practice focuses on family and juvenile law matters.
- Land Use and ZoningI have worked in the legal field since 2003. I joined FSG in 2016 as a legal assistant to Jennifer Gadow and worked with her team for 5 years before taking a paralegal position with the firm in 2021. My experience in the legal field has predominately been focused on family law, however, I have worked in appellate law, as well as land use, planning and zoning, ethics and commercial litigation, with additional background in educational law and advocacy. I choose to work in family law because while each case is unique and each client’s needs are different, every one of our clients is experiencing a life changing event. I make it my goal to ensure our clients feel fully supported as they transition through this process. When I am not at work, I enjoy hiking, art and music, and working with and training my dogs.
- Tax LawHowever, Social Security payments, compensation for military injuries, and worker’s compensation disability awards are not classified as community property and may not be divided by the court. Many retirement plans are governed by federal law known as ERISA (the Employee Retirement Income Security Act of 1974). To divide ERISA-qualified retirement assets without triggering tax issues, a Qualified Domestic Relations Order (QDRO) is required. A QDRO is a court order that instructs one party’s retirement plan on how the benefits should be divided and paid out. Unbeknownst to many, a divorce decree stating that a spouse has the legal right to the other spouse’s retirement benefits does not actually complete a transfer of those benefits. A further court order is often needed.