General Blog

In April, Arizona became the 48th state to ban the use of handheld cell phones and other portable wireless communication devices while operating a motor vehicle. Governor Doug Ducey signed House Bill 2318 into law on April 22, 2019. The law will take effect on January 1, 2021. Arizona has been trying and failing to pass similar bans on cell phone use for many years. The difference this year is attributed to the tragic death of Officer Clayton Townsend. Officer Townsend, an officer with the Salt River Police Department, was struck and killed while standing beside his patrol car during a routine traffic stop. The motorist who struck him later admitted he was texting at the time. Officer Townsend left behind a…Read More

The Industrial Commission of Arizona is charged with setting and enforcing the rules regarding child labor. Children that are 14 and 15 years old may be employed with restrictions on time and type of job. There are no time restrictions on minors that are age 16 and older; however, there are restrictions on what type of work they are allowed to do. Arizona child labor laws restrict the hours an employer may employ 14 and 15-year-old minors during a workday and workweek. The restrictions are as follows: While school is in session: no more than 18 hours in one week no more than 3 hours in one day no later than 9:30 p.m. on the day before and not earlier…Read More

In Arizona, grandparents (and other third-parties with a close relationship to the children) have legal rights. Arizona Revised Statutes, § 25-409 is the Grandparent Visitation and Third-Party Visitation / Custody statute. However, these rights tend to be limited as parents’ rights usually take priority. If you want to establish grandparent’s rights or you wish to learn more about grandparent visitation or custody, our firm can help. Arizona courts focus on the best interests of the child in any grandparent rights matter. You may file a petition for court-ordered visitation rights if one or more of these conditions are met: One of the legal parents is deceased or has been missing at least three months. The child was born out of…Read More

In December of 2017, Congress approved major tax reform as part of Tax Cuts and Jobs Act (TCJA). One of the major changes that will take effect on January 1, 2019 as part of the TCJA is a change in how spousal maintenance (alimony) will be taxed. Under the old tax laws concerning spousal maintenance (which will still apply to divorces and legal separations completed by 12/31/2018), a person who paid spousal maintenance was able to claim their payments as a deduction on their federal income tax. This also means that the recipient of spousal maintenance had to claim the amount received as income and pay tax on that income. Under the new law, spousal maintenance payments will no longer…Read More

The recent case of Morrow v. Morrow, decided on June 19, 2018 (No. 1 CA-CV 17—658 FC), has established that spousal maintenance arrearages may be waved by certain actions of the obligee that constitute equitable estoppel and waiver. In December of 2013, the Husband in Morrow was awarded spousal maintenance of $4,000 per month for an indefinite term as the Court found that Husband was unlikely to achieve financial independence (Husband had been unemployed for 12 years due to medical issues resulting from a car accident). Wife appealed the Superior Court decision on January 14, 2014. On January 29, 2014, Husband left Wife a voicemail stating that he was going to “hold off” on seeking to collect his spousal maintenance…Read More

We often assist clients with forming new corporations and limited liability companies. One of the most common questions asked when discussing a new limited liability company with our clients is whether their LLC should be member-managed or manager-managed. So, what is the difference? When you form an LLC, you have members, not shareholders. The members each own a percentage of the company. If there are only a few members and they are all going to be empowered to enter into contracts and handle other matters for the company, then you want to be member-managed. Keep in mind that, in a member-managed LLC, all members participate in the decision-making process of the LLC. Each member is an agent of the LLC…Read More

Under Arizona law, restrictive covenants are disfavored and are construed narrowly by courts. Arizona courts have long held that covenants not to compete are disfavored because they restrain trade and thus are strictly construed against employers. Companies should draft non-competition restrictions narrowly and any restraints upon competition should be designed to protect a legitimate business interest. In Arizona courts, overbroad covenants can be blue-penciled but not rewritten (the blue pencil doctrine is a legal concept where a court finds that portions of a contract are void or unenforceable, but other portions of the contract are enforceable). The Blue Pencil Rule allows the legally-valid, enforceable provisions of the contract to stand despite the nullification of the legally-void, unenforceable provisions. This means…Read More

After a divorce, it’s hard to get along with your ex-spouse. However, it is important to remember that you got divorced – your kids did not. How you choose to handle your co-parenting responsibilities can have a long-term effect on your mental health and your children’s well being. It’s important to talk to one another about your child and to have open communication about how you expect your child to be raised. If you can learn how to put differences aside and not sweat the small stuff, you are on your way to a successful co-parenting relationship. What should you do to make sure you have a good co-parenting plan in place. Here are some tips: You’re a parent for…Read More