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	<title>Cantor Simon Law Group &#187; Family &amp; Divorce Law &#8211; Featured Articles</title>
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	<link>http://www.cantorsimonlawgroup.com</link>
	<description>The Cantor Simon Law Group truly is Beyond Aggressive!!!</description>
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		<title>Divorce Attorneys Find New Way To Catch Cheaters</title>
		<link>http://www.cantorsimonlawgroup.com/featured-articles/family-divorce-law-featured-articles/divorce-attorneys-find-new-way-to-catch-cheaters.html</link>
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		<pubDate>Thu, 03 Jun 2010 19:20:27 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Family & Divorce Law - Featured Articles]]></category>
		<category><![CDATA[Featured Articles]]></category>

		<guid isPermaLink="false">http://www.cantorsimonlawgroup.com/?p=1549</guid>
		<description><![CDATA[PHOENIX &#8212; Divorce attorneys no longer need to hire private investigators to get the dirt on spouses who may be cheating.
All they need now is a computer.
Liz Steele, of Mesa, is going through a divorce and she has no problem with her attorney looking up everything he can on her husband.
&#8220;I have nothing against lawyers [...]]]></description>
			<content:encoded><![CDATA[<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">PHOENIX &#8212; Divorce attorneys no longer need to hire private investigators to get the dirt on spouses who may be cheating.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">All they need now is a computer.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Liz Steele, of Mesa, is going through a divorce and she has no problem with her attorney looking up everything he can on her husband.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;I have nothing against lawyers digging and doing their job,&#8221; said Steele. &#8220;The more information, the better.&#8221;</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Much of what Valley attorney Craig Simon needs can be found online, in places like Facebook and MySpace.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Simon is among a growing number of divorce attorneys turning to social networking sites to catch cheaters.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;It pops up and there are pictures of the new girlfriend,&#8221; said Simon. &#8220;They&#8217;re kissing and hugging. They&#8217;re on a beach by themselves.&#8221;</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">According to Simon, the sites are also helpful determining whether a spouse is going on a wild spending spree, buying expensive items when the spouse claims to have no money.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;All of a sudden there are pictures showing how they bought their new friend jewelry or they are boasting about a new car,&#8221; said Simon.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">Simon is still surprised by what he uncovers online, but said it sure makes his job a lot easier.</div>
<div id="_mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow-x: hidden; overflow-y: hidden;">&#8220;It happens more often than you can believe,&#8221; said Simon. &#8220;It&#8217;s amazing how brazen people get.&#8221;</div>
<p><span style="font-family: arial, sans-serif; line-height: normal; border-collapse: collapse;"></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">Divorce attorneys no longer need to hire private investigators to get the dirt on spouses who may be cheating.</span></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">All they need now is a computer.</span></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">Liz Steele, of Mesa, is going through a divorce and she has no problem with her attorney looking up everything he can on her husband.</span></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">&#8220;I have nothing against lawyers digging and doing their job,&#8221; said Steele. &#8220;The more information, the better.&#8221;</span></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">Much of what Valley attorney Craig Simon needs can be found online, in places like Facebook and MySpace.</span></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">Simon is among a growing number of divorce attorneys turning to social networking sites to catch cheaters.</span></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">&#8220;It pops up and there are pictures of the new girlfriend,&#8221; said Simon. &#8220;They&#8217;re kissing and hugging. They&#8217;re on a beach by themselves.&#8221;</span></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">According to Simon, the sites are also helpful determining whether a spouse is going on a wild spending spree, buying expensive items when the spouse claims to have no money.</span></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">&#8220;All of a sudden there are pictures showing how they bought their new friend jewelry or they are boasting about a new car,&#8221; said Simon.</span></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">Simon is still surprised by what he uncovers online, but said it sure makes his job a lot easier.</span></p>
<p class="MsoNormal" style="background-image: initial; background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: initial initial; background-repeat: initial initial; margin: 0px;"><span style="font-size: 10pt; color: black;">&#8220;It happens more often than you can believe,&#8221; said Simon. &#8220;It&#8217;s amazing how brazen people get.&#8221;</span></p>
<p></span></p>
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		<title>Social Security Benefits and Divorce</title>
		<link>http://www.cantorsimonlawgroup.com/featured-articles/family-divorce-law-featured-articles/social-security-benefits-and-divorce.html</link>
		<comments>http://www.cantorsimonlawgroup.com/featured-articles/family-divorce-law-featured-articles/social-security-benefits-and-divorce.html#comments</comments>
		<pubDate>Fri, 21 May 2010 19:24:18 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Family & Divorce Law - Featured Articles]]></category>
		<category><![CDATA[Featured Articles]]></category>

		<guid isPermaLink="false">http://www.cantorsimonlawgroup.com/?p=1552</guid>
		<description><![CDATA[Maybe you all know this already, but I have had several cases where the issue of dividing social security benefits has been raised (especially in cases where one spouse earned significantly more than the other during the marriage).  Below is a brief summary, and follow-up website to provide clients with should they ask these questions.
 [...]]]></description>
			<content:encoded><![CDATA[<p>Maybe you all know this already, but I have had several cases where the issue of dividing social security benefits has been raised (especially in cases where one spouse earned significantly more than the other during the marriage).  Below is a brief summary, and follow-up website to provide clients with should they ask these questions.</p>
<p><strong> </strong></p>
<p style="text-align: left;"><strong><span style="text-decoration: underline;">How will my divorce affect my pension benefits?</span></strong></p>
<p><strong> </strong></p>
<p><strong> </strong></p>
<p>If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse&#8217;s record (even if he or she has remarried) if:</p>
<ul>
<li>You are unmarried;</li>
<li>You are age 62 or older;</li>
<li>The benefit you are entitled to receive based on your      own work is less than the benefit you would receive based on your      ex-spouse&#8217;s work; and</li>
<li>Your ex-spouse is entitled to Social Security      retirement or disability benefits.</li>
</ul>
<p><a href="http://www.peoples-law.org/Family/divorce/property/divorce_affect_on_pension.htm">http://www.peoples-law.org/Family/divorce/property/divorce_affect_on_pension.htm</a></p>
<p><strong><span style="text-decoration: underline;"> </span></strong></p>
<p><span style="text-decoration: underline;"><strong>If you remarry, you generally cannot collect benefits on your former spouse&#8217;s record unless your later marriage ends (whether by death, divorce or annulment). </strong></span></p>
<p>If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years.</p>
<p>If you are eligible for retirement benefits on your own record we will pay that amount first. But if</p>
<ul>
<li>the benefit on his or her record is a higher amount,      you will get a combination of benefits that equals that higher amount      (reduced for age).</li>
<li>you have reached <span style="text-decoration: underline;">full retirement age</span> and you are eligible for      a spouse&#8217;s benefit <strong>and</strong> your own retirement benefit, you have a      choice.</li>
</ul>
<p>You can choose to receive only the divorced spouse&#8217;s benefits now and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of <span style="text-decoration: underline;">delayed retirement credits</span>.</p>
<p>If you</p>
<ul>
<li>continue to work while receiving benefits, the <span style="text-decoration: underline;">retirement benefit earnings limit</span> still      applies. If you are eligible for benefits this year and are still working,      you can use our <span style="text-decoration: underline;">earnings test calculator</span> to see how those earnings would affect your benefit payments.</li>
<li>will also receive a pension based on work not covered      by Social Security, such as government or foreign work, <span style="text-decoration: underline;">your Social Security benefit on your ex-spouse&#8217;s record      may be affected</span>.</li>
</ul>
<p>The amount of benefits you get has no effect on the amount of benefits your ex-spouse or their current spouse may receive.</p>
<p>If you need information about benefits your ex-spouse can receive based on your record, please read <em><span style="text-decoration: underline;">Benefits for your divorced spouse</span></em>.</p>
<p><a href="http://www.socialsecurity.gov/retire2/divspouse.htm">http://www.socialsecurity.gov/retire2/divspouse.htm</a></p>
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		<title>Grandparents Can&#8217;t Prevent Move by Custodial Parent, Court Holds</title>
		<link>http://www.cantorsimonlawgroup.com/featured-articles/family-divorce-law-featured-articles/grandparents-cant-prevent-move-by-custodial-parent-court-holds-2.html</link>
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		<pubDate>Wed, 14 Nov 2007 23:53:22 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Family & Divorce Law - Featured Articles]]></category>
		<category><![CDATA[Featured Articles]]></category>

		<guid isPermaLink="false">http://clg.cantorlawoffices.com/?p=300</guid>
		<description><![CDATA[A law giving grandparents visitation rights in divorce cases doesn&#8217;t allow them to block a custodial parent form moving out of the state, taking the child along, the state Court Of Appeals ruled Tuesday.
In a unanimous decision, the judges said the ability to prevent a move is limited to the non-custodial parent.
Stanley Murray, [a Cantor Simon [...]]]></description>
			<content:encoded><![CDATA[<p>A law giving grandparents visitation rights in divorce cases doesn&#8217;t allow them to block a custodial parent form moving out of the state, taking the child along, the state Court Of Appeals ruled Tuesday.</p>
<p>In a unanimous decision, the judges said the ability to prevent a move is limited to the non-custodial parent.</p>
<p>Stanley Murray, [a Cantor Simon Law Group attorney] who specializes in grandparental visitation rights cases, said the ruling effectively undermines the whole 1983 law, which first gave grandparents the right to see their grandchildren after a divorce.</p>
<p>Murray said he expects to ask the state Supreme Court to review the decision. But he conceded it may take legislative action to guarantee the rights lawmakers first granted 24 years ago.</p>
<p>That law came at the behest of grandparents who complained a parent who got custody of a child after a divorce would deny access to the former spouse&#8217;s parents. They argued children were being unfairly denied access to extended family.</p>
<p>The law says courts can grant grandparents visitation rights if a judge determines it is &#8220;in the best interest of the child.&#8221; Courts are required to consider various factors, ranging from the historical relationship between the grandparent and the child to the reasons the custodial parent is denying visitation.</p>
<p>The case involves Kiley Sheehan, who was awarded custody of a child after her divorce. The child&#8217;s grandmother, Lou Ann Flower, subsequently sought visitation time, which a trial judge awarded over the mother&#8217;s objections.</p>
<p>Two years ago, though, Sheehan announced she would be going to Indiana to care for an ailing relative. Flower asked a Maricopa County Superior Court judge to prevent the move, saying the sole purpose of Sheehan&#8217;s action was to prevent visitation.</p>
<p>By the time the judge held a hearing, Sheehan had permanently moved to Indiana.</p>
<p>Murray, representing the grandmother, said divorce laws say a custodial parent who wants to relocate has to give notice. The law also permits a judge to forbid relocation if it&#8217;s in the child&#8217;s best interests.</p>
<p>But appellate Judge Patricia Norris pointed out the statute refers only to &#8220;parents.&#8221; That, Norris said, means grandparents have no such rights.</p>
<p>&#8220;The court&#8217;s already determined it&#8217;s in the interests of the child to have access to the grandparents,&#8221; Murray said. &#8220;How can the parent just take off and not have to worry about it any more?&#8221;</p>
<p>Murray said lawmakers could fix the problem. &#8220;I&#8217;m hoping the legislature would do that,&#8221; he said.</p>
<p>If your case involves any custody issue, click on &#8220;<a class="inline_contact" href="/contact_us.html">CONTACT US</a>&#8221; or call <span class="the_cantor_law_group">The Cantor Simon Law Group</span> for a free initial consultation today!</p>
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		<title>Arizona Court Must Contact Out of State Court that had Entered Child Custody Order Before Attempting to Modify that Court&#8217;s Order.</title>
		<link>http://www.cantorsimonlawgroup.com/featured-articles/family-divorce-law-featured-articles/arizona-court-must-contact-out-of-state-court-that-had-entered-child-custody-order-before-attempting-to-modify-that-courts-order.html</link>
		<comments>http://www.cantorsimonlawgroup.com/featured-articles/family-divorce-law-featured-articles/arizona-court-must-contact-out-of-state-court-that-had-entered-child-custody-order-before-attempting-to-modify-that-courts-order.html#comments</comments>
		<pubDate>Sat, 04 Aug 2007 01:07:24 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Family & Divorce Law - Featured Articles]]></category>
		<category><![CDATA[Featured Articles]]></category>

		<guid isPermaLink="false">http://clg.cantorlawoffices.com/?p=303</guid>
		<description><![CDATA[In our highly mobile society wherein people and their families relocate from time to time, it is not uncommon for a party to attempt to modify or enforce an out-of-state divorce decree or paternity order in Arizona. In the case of Melgar v. Campo, 1 CA-CV 06-0408 (filed July 26, 2007), an issue arose over [...]]]></description>
			<content:encoded><![CDATA[<p>In our highly mobile society wherein people and their families relocate from time to time, it is not uncommon for a party to attempt to modify or enforce an out-of-state divorce decree or paternity order in Arizona. In the case of Melgar v. Campo, 1 CA-CV 06-0408 (filed July 26, 2007), an issue arose over whether the Arizona Court could modify a North Carolina child custody order. The mother had moved to Arizona with the child without telling the father, who had been awarded custody of the child in the North Carolina Order. Father remained in North Carolina and had to hire a private detective to finally locate her and the child in Arizona.</p>
<p>The father then registered the North Carolina Order in the Maricopa County Superior Court, in Phoenix, Arizona, and filed a Petition seeking to enforce the Order so that the child would be returned to him. The Arizona Court held an evidentiary hearing and modified the North Carolina Order, instead of enforcing it, and granted sole custody to the mother. Father appealed the ruling to the Arizona Court of Appeals.</p>
<p>The Court of Appeals applied the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which had been adopted by both Arizona and North Carolina, to determine whether the Arizona Court could modify the North Carolina order. The Court held that since the purpose of the UCCJEA was to resolve issues concerning interstate custody disputes, the Arizona Court should have contacted the North Carolina Court first to determine if the North Carolina Court would relinquish its &#8220;continuing, exclusive jurisdiction&#8221; so that the Arizona Court could then modify the order. Since the Arizona Court had failed to do so, the modification order was vacated, as Arizona did not have jurisdiction (authority) to modify the out-of-state order. The case was sent back to the Maricopa County Superior Court for further proceedings.</p>
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		<title>Arizona Court of Appeals Upholds Use of Maricopa County Spousal Maintenance</title>
		<link>http://www.cantorsimonlawgroup.com/featured-articles/family-divorce-law-featured-articles/arizona-court-of-appeals-upholds-use-of-maricopa-county-spousal-maintenance.html</link>
		<comments>http://www.cantorsimonlawgroup.com/featured-articles/family-divorce-law-featured-articles/arizona-court-of-appeals-upholds-use-of-maricopa-county-spousal-maintenance.html#comments</comments>
		<pubDate>Wed, 20 Jun 2007 01:09:29 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Family & Divorce Law - Featured Articles]]></category>
		<category><![CDATA[Featured Articles]]></category>

		<guid isPermaLink="false">http://clg.cantorlawoffices.com/?p=305</guid>
		<description><![CDATA[A recent decision by the Arizona Court of Appeals, Division One, upheld the use of the Maricopa County Spousal Maintenance Guidelines for the calculation of a spousal maintenance award, so long as the factors listed in A.R.S. 25-319(B) were considered in making that award. The Guidelines, which have never been officially adopted by court rule, [...]]]></description>
			<content:encoded><![CDATA[<p>A recent decision by the Arizona Court of Appeals, Division One, upheld the use of the Maricopa County Spousal Maintenance Guidelines for the calculation of a spousal maintenance award, so long as the factors listed in A.R.S. 25-319(B) were considered in making that award. The Guidelines, which have never been officially adopted by court rule, provide a method of calculating the amount and duration of a spousal maintenance award by way of a formula derived from an historical review of randomly selected prior spousal maintenance awards. They have been used by family law attorneys as a useful estimate of the possible spousal maintenance award in a given case and, indeed, some Maricopa County Superior Court judges have incorporated them into their spousal maintenance awards. The formula is calculated by taking the difference between each spouse&#8217;s gross monthly income and multiplying that result by a factor of .015, then multiplied by the years of marriage. For example, suppose husband and wife have been married for 15 years. If the husband earns $5,000.00 gross per month and the wife earns $1,500.00 per month, the difference of $3,500.00 is multiplied by .015 and then by 15 (years) , then under the Guidelines calculation, and assuming the relevant statutory factors for an award of spousal maintenance are met, wife would be entitled to an award of $787.50 per month. The duration of that award is then calculated by applying a factor of 0.3 and 0.5 to the length of marriage to determine the range of the duration of the award, in this case from 4.5 to 7.5 years.</p>
<p>The case is Cullum v. Cullum (CV 06-0038, Ariz App. Div. I) and by clicking on this link you can review the entire text of that opinion.</p>
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