Lasiter & Jackson

10/12/2023

2023 Team Lasiter & Jackson, PLLC Pink Out 5k Race. Thank you to all participants!

06/25/2020

HIGH CONFLICT FAMILY COURT CASES

Identifying whether your case is “high conflict” can be surprisingly difficult. In most cases, there is some level of conflict in a divorce or parenting dispute. The question is whether a particular case has an abnormally high amount of conflict. Some examples of high conflict cases involve domestic violence, serious substance abuse, mental illness of a party, or a party that lives out of town or is seeking to relocate. On the opposite end of the spectrum are cases that are relatively amicable. Those can be resolved with little time, energy and expense.

Perhaps the best way to determine whether your case is high conflict or has the potential to become high conflict, is to look at how disputes are handled between you and the other party. If minor disputes easily turn into major battles, it is a pretty clear sign that you and the other party do not get along, for whatever reason, and the matter will likely involve a significant amount of conflict.

Conversely, if the minor disputes are handled in a civilized manner, even if neither party is completely satisfied with the solution, your case does not involve an abnormal amount of conflict.

More important than simply identifying whether a case is high conflict is recognizing who is harmed by high conflict cases. That means the children involved. Most Judges are not concerned with the level of conflict in a case if it does not involve children. If children are involved, the parties will likely have many years ion which they are forced to deal with one another in co-parenting.

High conflict cases can have serious consequence. For example, in most cases, joint legal decision-making (custody) is awarded. A high conflict case has a higher likelihood of a sole legal decision-making (custody) order. In addition, high conflict cases can cost the parties significantly more money in trying to prove or resolve the high conflict issues. The court can order high conflict parenting classes. The Judge can also order parental evaluations for substance abuse, domestic violence and mental illness along with child interviews. In many high conflict cases, a Parenting Conference or even full custody evaluations can be ordered. All of these things will extend the time it takes to resolve your case and cost additional fees.

If you have a high conflict case, please contact our experienced Attorneys at LASITER & JACKSON at (602) 234-5900 to schedule your free 30 minute consultation.

05/08/2020

CORONA VIRUS STIMULUS CHECK RULES FOR PARENTS WITH SHARED CUSTODY

Most adults in the U.S. will be getting coronavirus stimulus checks for $1,200 or $2,400 for those who are married, so long as their income is under $75,000 for singles or $150,000 for married couples. But what about the extra $500 you’ll get for each child under 17? The rules around those payments are a little more tricky.

1. My ex and I share custody of our kids. Who will get the $500?

The parent who claims the children as dependents on their tax return would be the one who gets the $500 payment.

2. I have custody of my grandchild. Will I get the $500 credit for them?

You should be able to, so long as you’re able to claim them as dependents on your tax return. To claim a child as a dependent, they generally need to be related to you, live with you more than half the year and receive at least half of their support from you. That includes not just your children, stepchildren and foster children, but also younger siblings, grandchildren, nieces and nephews under 17 if they can be claimed as your dependents.

3. I had a baby in 2020. Will I get the extra $500?

Eventually. But you’ll have to wait until you file your taxes for 2020, which means you won’t get the $500 until early 2021. The stimulus checks are technically a credit for 2020 taxes. But since we’re only three months into the year, the IRS has to use our 2018 or 2019 returns to determine whether we’re eligible for payments. Since your new addition won’t be listed on those returns, you’ll have to wait another year for the $500 credit.

4. My child turned 17 in 2019, but I haven’t filed my 2019 tax return. Can I still get the extra $500 for him?

The jury’s still out on this one. The bill doesn’t specify a date for when someone’s 17th birthday makes their parents ineligible to get the child coronavirus stimulus credit, and the IRS hasn’t said how it will handle this situation.

5. I claim my college kid as a dependent. Do I get the extra $500, or do they get their own $1,200 check?

Unfortunately, neither. The bill is clear that only children ages 16 and younger qualify for the $500 payment. We just don’t know exactly when someone’s 17th birthday would make them ineligible. But provided that your child is 17 or older for the tax year the IRS uses to calculate your payment, you don’t get $500 on their behalf. Even if you claim your child as a dependent, they won’t qualify if they’re 17 or older.

To get the $1,200 stimulus payment, you can’t be claimed by someone else as a dependent. That means a lot of young adults won’t get the money. Same goes for other adult family members you claim on your tax return. For example, if you claim your elderly parent as a dependent on your tax return, they wouldn’t qualify for the $1,200 or the $500.

6. Is there a limit on how many children I can get the additional $500 for?

No. You can get the credit for each child under 17 who lives in your household more than half of the time.

7. Is there an income limit for receiving the $500 per child payment?

Yes, but the way it works is confusing. First of all, the $1,200 benefit for singles and $2,400 for married couple starts to phase out when your income is above:

$75,000 for singles.
$112,500 for those who file as head of household
$150,000 for married couples who file jointly.
The benefit is reduced by 5 cents for every dollar you earn above those amounts.

The $500 per-child-credit will be tacked onto the check your family receives; you won’t get a separate payment for a dependent child under 17.

So if you’re married with one child and your adjusted gross income is $150,000, your family would get a single check for $2,900: $2,400 for you and your spouse, plus $500 for your child.

8. Is the credit taxable?

No. None of the stimulus payments will be taxable.

9. What if my child was born in 2019, but I still haven’t filed my 2019 return?

This is a situation where you’d want to file your 2019 return ASAP instead of taking advantage of the coronavirus tax deadline extension.

The IRS will use your 2018 return to determine your stimulus payment if you haven’t yet filed for 2019. But if the IRS uses your 2018 return — before your child was born — to determine your payment, you’ll have to wait until your 2019 return is processed to get the additional $500.

If you have legal issues related to Corona Virus Stimulus, call Lasiter & Jackson at (602) 234-5900.

05/01/2020

ORDERS OF PROTECTION - DOMESTIC VIOLENCE DURING COVID 19

The most dangerous place in the world for a woman is her own home. According to the National Coalition Against Domestic Violence, intimate partner violence affects millions of women every year.

In the time of the coronavirus, being quarantined with an abusive partner poses greater risks. An uptick in domestic violence has already been recorded in China. In an interview with the magazine Sixth Tone, Wan Fei, the founder of an anti-violence nonprofit in Jingzhou, Hubei, said that reports of domestic violence have nearly doubled since cities went into lockdown. Concerns are also mounting in the United Kingdom — where last year 1.6 million women in England and Wales experienced domestic violence — as a lockdown becomes increasingly likely.

Victims ordinarily wait to be by themselves before they seek help. They wait for their abuser to go to work. They secretly reach out to friends. They look for openings when they don’t have child-care obligations. All those options are closing down.

he pandemic raises many questions for victims in dire need of attention from our city, state and federal agencies, as well as nonprofit organizations. What do you do if you’re confined to the most terrifying place — your home.

Maricopa County Courts are open for domestic violence victims who need Orders of Protection. Some courts are limiting hours of operation, but many remain open (either physically or virtually) for high priority cases, which usually includes emergency protection or restraining orders (Orders of Protection).

If you need legal assistance, contact an attorney to assist you in obtaining an Order of Protection. Keep checking court websites. Check your local court’s website for information on emergency rules, hours of operation, and how to file petitions for protection orders. And continue to check back as courts update emergency orders and add or expand the use of virtual courts and remote appearances.

As shelter-in-place and stay-at-home orders get extended, know that they still have exceptions for seeking emergency services and safe shelter. For example, the first exception listed in Minnesota’s stay-at-home order states that individuals at risk of domestic violence are “allowed and urged to leave their home” and relocate to a safe place.

If you require assistance in obtaining an Order of Protection (aka Restraining Order), contact the attorneys at Lasiter & Jackson at (602) 234-5900.

04/17/2020

Covid-19 is now the 2nd leading cause of death in America. Is your will ready? If you’re considering estate planning, contact Nicole Lasiter by calling 602-234-5900 to schedule your FREE 30 minute consultation.

04/15/2020

FILING FOR DIVORCE AMID CORONA VIRUS

Recently, the world has drastically changed due to COVID-19. We are all learning to navigate a new way of life that involves social distancing. However, families still need legal help. Many clients have asked us how COVID-19 will affect their divorce cases. The most frequently asked question is: I need to file for divorce - can or should I do that during the pandemic?

Here is what is happening:


• Divorce rates will increase. With social distancing governing day-to-day lives, and with families living 24/7 in close quarters, we will see a major increase in divorce filings. Historically, divorce rates have increased during worldwide crises and this will be no different.

• Filing for divorce now will get you ahead of a court backlog. Simultaneously, to practice social distancing, courts are limiting the number of hearings taking place. Because of these restrictions, there will be a backlog of divorce matters in queue. If you know you want to be divorced in the coming year, now is the time to file. Beating the backlog will increase your likelihood of getting divorced in 2020!

• Filing for divorce now will protect your financial liability. According to Arizona law, your marital community and its’ associated assets and debts exists from the date of marriage to the date of service of a divorce petition to the other party. What does that mean for you? If you file for divorce now, your liability for your spouse’s financial choices will terminate once they have been served with divorce papers. With the uncertain nature of our economy, filing for divorce may be crucial for protecting you from bad or poor financial behavior and choices of your soon-to-be ex.

If you’re considering or currently going through a divorce, contact Nicole Lasiter by calling 602-234-5900 to schedule your FREE 30 minute consultation.

03/25/2020

DO YOU HAVE A FAMILY COURT (OR OTHER COURT) MATTER IN MARICOPA COUNTY? SEE HOW COVID-19 AFFECTS YOUR CASE. A MUST READ!!

https://www.facebook.com/SuperiorCourtofArizona/posts/10156671009276883

IMPORTANT ANNOUNCEMENT: Please read and share this message with anyone scheduled for a hearing at Superior Court of Arizona in Maricopa County.

UPDATE: Clerk of Court customers will still have in-person access to:

1. file documents,

2. submit payments,

3. obtain a marriage license by appointment only

4. submit public records requests or pick up previously requested public records,

5. attend previously scheduled passports application appointments

More: bit.ly/SUPCOURT_COVID19