Phoenix Attorney Monica Donaldson Stewart

Attorney's Profile

COLLEGE:
Arizona State University
LAW SCHOOL:
Arizona State University College of Law
ATTORNEY SINCE:
1997
STATES ADMITTED:
Arizona
PRACTICE AREAS:
Family Law (including divorce, child custody, child support, paternity)

Monica Donaldson Stewart is the managing attorney at the law firm of Donaldson Stewart PC, where she practices in all aspects of family law. She also serves as a judge pro tem for the Maricopa County Superior Court, conducting settlement conferences in family law matters. She received her B.S. degree (1993, summa cum laude), and her J.D. degree (1997) from Arizona State University. She is a member of the Family Law Section of the State Bar of Arizona, and currently serves on the State Bar of Arizona Board of Legal Specialization. Ms. Donaldson Stewart served as the president of the East Valley Bar Association in 2008 and 2009, and has served as the treasurer of that organization since 2009. Ms. Donaldson Stewart was recently named one of Arizona's Finest Lawyers.

Attorney's Videos

A large part of my husband's income is cash and is never reported. How do I ensure I get what I deserve?
Divorce Law

Am I considered legally divorced in Arizona if my marriage was annulled?
Divorce Law

Am I still obligated to pay child support while my 18-year-old child takes a year off from high school?
Child Support Law

Are Arizona courts reluctant to grant sole custody to fathers?
Child Custody Law

Are Arizona courts more likely to award custody to mothers than to fathers?
Child Custody Law

Are blood tests still required before marriage?
Marriage Law

Are there any age or consent requirements for minors?
Marriage Law

Are there any guidelines in Arizona for alimony, like those judges use in child support cases?
Alimony Law

Are there juries in Arizona child custody cases?
Child Custody Law

At what age can my children decide where they want to live?
Child Custody Law

At what age is child support terminated in Arizona for a handicapped child who is unable to be gainfully employed?
Child Support Law

Can a Arizona court order drug testing of the parents when determining custody?
Child Custody Law

Can a Arizona court order alimony payments during a divorce or separation case?
Alimony Law

Can a Arizona court order alimony payments after divorce or separation?
Alimony Law

Can a 17-year-old marry without parental consent?
Marriage Law

Can a dependent spouse be forced to work in Arizona?
Alimony Law

Can a parent take custody of the child instead of making child support payments in Arizona?
Child Custody Law

Can a person in Arizona request alimony after the divorce is over?
Alimony Law

Can a person insert an anti-modification of alimony clause in the property settlement agreement in Arizona?
Alimony Law

Can a person limit their exposure to alimony by having a prenuptial agreement in Arizona?
Alimony Law

Can a prenuptial/postnuptial agreement decide future child support?
Marriage Law

Can a spouse bankrupt his alimony obligations in Arizona?
Alimony Law

Can a spouse be awarded temporary alimony during the pendency of the divorce proceeding in Arizona?
Alimony Law

Can a spouse be dropped from health insurance if they are still married?
Marriage Law

Can a spouse prevent a court from granting a divorce in Arizona?
Divorce Law

Can a supporting spouse be compensated for increasing the earning capacity via education of the other spouse?
Alimony Law

Can alimony be modified or terminated in Arizona?
Alimony Law

Can alimony be reinstated after its termination due to cohabitation in Arizona?
Alimony Law

Can an out of state divorce be enforced in Arizona?
Divorce Law

Can an unmarried girl get sole custody of her child in Arizona?
Child Custody Law

Can anyone get married to anyone?
Marriage Law

Can child support be reduced in Arizona if I remarry and have more children with my new wife?
Child Support Law

Can child support be retroactively modified in Arizona?
Child Support Law

Can clothing costs be considered as child support in Arizona?
Child Support Law

Can custody rights be modified in Arizona?
Child Custody Law

Can grandparents be awarded custody of their grandchild(ren) in Arizona?
Child Custody Law

Can I annul my marriage rather than getting a divorce in Arizona?
Divorce Law

Can I change attorneys in the middle of my Arizona divorce case?
Divorce Law

Can I file for divorce in Arizona while my spouse is stationed with the military in another country?
Divorce Law

Can I get alimony in Arizona if I have a common law marriage?
Alimony Law

Can I get joint custody if I am not paid up on child support in Arizona?
Child Custody Law

Can I go back to my maiden name after my divorce in Arizona?
Divorce Law

Can I lower my child support payments in Arizona if I spend more time with my kids?
Child Support Law

Can I make my husband repay the money he cleaned out of my bank account?
Divorce Law

Can I make my support payments directly to my ex-spouse? Should I?
Child Support Law

Can I move my kids out of state and then get a divorce?
Child Custody Law

Can I oppose a divorce in Arizona?
Divorce Law

Can I renegotiate the length of time I receive alimony in Arizona?
Alimony Law

Can I represent myself in family court in Arizona?
Divorce Law

Can I revise how my settlement agreement characterizes my payment for tax purposes?
Alimony Law

Can medical insurance be included in alimony in Arizona?
Alimony Law

Can men seek alimony in Arizona?
Alimony Law

Can my child's father be ordered to pay for my child's college education in Arizona?
Child Support Law

Can my ex-spouse make me pay for a private school for our child in Arizona?
Child Support Law

Can my ex-spouse stop me from moving with our children if my new husband is in the military and is re-assigned?
Child Custody Law

Can my ex-spouse terminate my spousal support in Arizona?
Alimony Law

Can my son's wife, after they divorce, exclude us from seeing our grandchild?
Child Custody Law

Can nonbiological parents be awarded custody?
Child Custody Law

Can permanent spousal support be modified or terminated in Arizona?
Alimony Law

Can the Arizona court base its child support order on what I am able to earn, as opposed to what I am actually earning?
Child Support Law

Can the Arizona courts include my new spouse's income when setting child support?
Child Support Law

Can two documented immigrants who were married in another country get a divorce in the U.S.?
Marriage Law

Can two people enter into an agreement about expense sharing if they are not married?
Marriage Law

Can visitation in Arizona be denied to a non-custodial parent?
Child Custody Law

Can you file for divorce without attorney or contacting your spouse if he lives in another country?
Marriage Law

Can you get a divorce if you are pregnant?
Marriage Law

Can you get a divorce if your spouse is incarcerated?
Marriage Law

Can you marry your fiance if his wife refuses to give him a divorce?
Marriage Law

Do I have to pay alimony in a divorce in Arizona?
Divorce Law

Do I have to share my pension after my Arizona divorce?
Divorce Law

Do I owe my ex-spouse child support for the time when I was out of work with no unemployment benefits and no income?
Child Support Law

Do I pay my spouse directly for child support in Arizona?
Child Support Law

Do married people own each other's property in Arizona?
Marriage Law

Do the wishes of a child have any influence in custody decisions in Arizona?
Child Custody Law

Do you have to agree to a divorce if you know you will not be able to afford child support and alimony?
Marriage Law

Does Arizona allow common law marriages?
Marriage Law

Does a court have to decide our visitation schedule, or can the other parent and I make the schedule ourselves?
Child Custody Law

Does a divorce or annulment need to be filed in the same state the marriage was in?
Divorce Law

Does a married couple have to live apart to get a divorce in Arizona?
Marriage Law

Does a spouse's infidelity have any bearing upon custody determinations in Arizona?
Child Custody Law

Does an extramarital affair have an impact on child custody in Arizona?
Child Custody Law

Does custody always go to just one parent in Arizona?
Child Custody Law

Does joint custody affect child support in Arizona?
Child Custody Law

Does my ex-husband have to continue to pay alimony if I am now living with another man?
Alimony Law

How are support payments treated under federal income tax rules?
Alimony Law

How can child support be changed in Arizona?
Child Support Law

How can I be sure my ex-spouse is providing correct information for income when he owns his own business?
Child Support Law

How can I distinguish alimony from child support in Arizona?
Alimony Law

How can I keep my spouse from selling property before we divorce in Arizona?
Divorce Law

How can I obtain a copy of my marriage certificate in Arizona?
Marriage Law

How can I obtain a legal divorce or dissolution of marriage in Arizona?
Marriage Law

How can I obtain a tax deduction for a support payment?
Alimony Law

How do I choose a divorce attorney in Arizona?
Divorce Law

How do I enforce a support order in Arizona?
Alimony Law

How do I exercise my visitation rights in Arizona, if the non-custodial parent is denying me access to my child?
Child Custody Law

How do I find a good divorce mediator in Arizona?
Divorce Law

How do I get divorce by default in Arizona?
Divorce Law

How do I get monthly support payments resumed and collect back support in Arizona?
Alimony Law

How do I get my child support increased in Arizona?
Child Support Law

How do I go about getting my name changed?
Marriage Law

How do I know if I qualify for alimony?
Alimony Law

How do I protect my credit when going through divorce in Arizona?
Divorce Law

How do mediating spouses protect their legal rights in Arizona?
Divorce Law

How do parents obtain an agreed order in Arizona?
Child Support Law

How do we take custody over a grandchild who essentially has been abandoned by both of his biological parents?
Child Custody Law

How do you file for divorce if your spouse has been deported?
Marriage Law

How does a spouse's earning capacity affect alimony in Arizona?
Alimony Law

How does alimony affect the calculation of child support in Arizona?
Alimony Law

How does alimony work in Arizona?
Alimony Law

How does collaborative divorce work in Arizona?
Divorce Law

How does joint custody work in Arizona?
Child Custody Law

How does marital fault affect alimony in Arizona?
Alimony Law

How does permanent spousal support work in Arizona?
Alimony Law

How does the court hear evidence for a default divorce in Arizona?
Divorce Law

How is annulment different from divorce?
Divorce Law

How is child support calculated in Arizona?
Child Support Law

How is collaborative divorce different from litigation in Arizona?
Divorce Law

How is divorce initiated in Arizona?
Divorce Law

How is spousal support calculated in Arizona?
Alimony Law

How is the amount of child support determined in Arizona?
Child Custody Law

How is the amount of temporary alimony determined in Arizona?
Alimony Law

How long before the child support payments begin?
Child Support Law

How long does it take for a divorce to be final in Arizona?
Divorce Law

How often can a non-custodial parent be taken back for support modification?
Child Support Law

How old do you have to be to get married?
Marriage Law

How will collaborative divorce affect my children?
Divorce Law

How will the Arizona court determine where my children should reside after the divorce?
Child Custody Law

I am a noncustodial parent, but my child lives with me now. Can I change the child support order?
Child Custody Law

I cannot get by on what is left of my paycheck. How can I get my child support lowered in Arizona?
Child Support Law

I get family support from my former spouse. Is that considered taxable income?
Alimony Law

I have custody of my son, but the court papers state that his mom has custody. Where do I file to get legal custody of the child?
Child Custody Law

I have custody of our children. Can I claim the child as a dependent?
Child Custody Law

I know where my ex-spouse works in another state. How can I get an income withholding?
Child Support Law

I would like to spend more time with my child. Can the local child support agency change the visitation schedule?
Child Custody Law

If a father terminates his parental rights, does he still have to pay child support in Arizona?
Child Support Law

If a person in jail wants to get a divorce, can he get a fee waiver to pay for his divorce?
Marriage Law

If a spouse commits adultery, does this behavior result in an increase in alimony in Arizona?
Alimony Law

If a spouse remarries, does this terminate his obligation to pay alimony in Arizona?
Alimony Law

If a spouse retires, does this constitute a change in circumstances to justify a termination of alimony in Arizona?
Alimony Law

If an unmarried father is already paying support, is it necessary to establish paternity?
Child Support Law

If child support is not paid, must visitation be allowed in Arizona?
Child Custody Law

If I get joint custody, will I still have to pay child support in Arizona?
Child Support Law

If I start dating someone before my divorce is final, can it be use against me?
Divorce Law

If the non-residential parent is sending me money directly, does that count as child support?
Child Support Law

If the other parent will not allow me to see my children, do I have to pay support in Arizona?
Child Custody Law

If the other parent will not allow me to see my children, do I have to pay support in Arizona?
Child Custody Law

If we marry in a non-community property state and move to a community property state, what is the status of the pre-wedding debts?
Marriage Law

In a collaborative divorce in Arizona, will I still go to court?
Divorce Law

In my Arizona divorce case, what is the difference between court ordered and private mediation?
Divorce Law

In my Arizona divorce case, what is the preliminary injunction about?
Divorce Law

In my Arizona divorce case, will I have to pay for my spouse's attorney?
Divorce Law

In my Arizona divorce case, what happens in a temporary hearing?
Divorce Law

In my Arizona divorce case, what does the mediator do?
Divorce Law

In my Arizona divorce case, what happens after the filing of the complaint and the answer?
Divorce Law

In my Arizona divorce case, what do I do if my attorney wants to quit in the middle of my case?
Divorce Law

In my Arizona divorce case, is mediation the same as arbitration?
Divorce Law

In my Arizona divorce case, how long does mediation last?
Divorce Law

In my Arizona divorce case, how do I reply to the petition?
Divorce Law

In my Arizona divorce case, does the mediator meet with the spouses separately or together?
Divorce Law

In my Arizona divorce case, what is a petition?
Divorce Law

In my Arizona divorce case, what are the alternatives to going to court?
Divorce Law

Is a marriage ceremony required?
Marriage Law

Is alimony ordered in Arizona when one spouse supported the other spouse through school?
Alimony Law

Is collaborative divorce expensive?
Divorce Law

Is it necessary to legally terminate child support at age 18, or does it happen automatically in Arizona?
Child Support Law

Is marital status important in seeking child custody and visitation in Arizona?
Child Custody Law

Is mediation the best approach to solving disagreements about child custody?
Child Custody Law

Is my marriage in another state or foreign country legal?
Marriage Law

Is my spouse entitled to a portion of my business in Arizona?
Divorce Law

Is there a minimum child support amount in Arizona that my ex-spouse should have to pay, whether or not they are working?
Child Support Law

Is there a right to a jury trial in divorce in Arizona?
Divorce Law

Is there a waiting period for a marriage license?
Marriage Law

May married people open credit accounts that are not also in their spouses' names?
Marriage Law

Must a woman assume her husband's last name?
Marriage Law

Must I tell my kid's biological dad about an out-of-state move, absent a court order regarding child custody or support?
Child Custody Law

Must the children be covered by health insurance?
Child Support Law

My child is about to turn 18, but is still in high school and living at home. Can I still get child support?
Child Support Law

My child support is more than 50 percent of my take-home pay. Is this legal in Arizona?
Child Support Law

My ex-husband is now earning more money than he did when we divorced. Can I have my alimony increased in Arizona?
Alimony Law

My ex-spouse changes jobs frequently. This keeps me from receiving regular payments. What can be done?
Child Support Law

My ex-spouse does not deliver our child at the scheduled times/days. How do I enforce the schedule in the court decree?
Child Custody Law

My ex-spouse does not deliver our child at the scheduled times/days. How do I enforce the schedule in the court decree?
Child Custody Law

My ex-spouse has a live in boyfriend/girlfriend who is helping out with expenses. Can I get my support lowered because of this?
Child Support Law

My ex-spouse has custody of our daughter and I have visitation rights. My ex-spouse skipped out of the state without informing me of her whereabouts. The custody agreement says she cannot leave without my permission and the courts. What are my options?
Child Custody Law

My ex-spouse has remarried and has another family to support. How does this affect the support owed to our children?
Child Custody Law

My ex-spouse is not spending child support on the kids. Can I make him/her account for how the support money is spent?
Child Support Law

My ex-spouse moved away without letting me know where she moved to. Do I still owe her support?
Child Support Law

My ex-spouse never told me I had a child for over a decade. Will this be taken into account for my support amount?
Child Support Law

My ex-spouse threatened to file for bankruptcy. What happens to my payments in Arizona?
Alimony Law

My ex-spouse wants me to share half of school expenses, clothes, supplies, etc. Isn't that what child support is for?
Child Support Law

My ex-spouse was physically abusive to me and the children. How can abuse be prevented during visits with the children?
Child Custody Law

My husband and I are getting divorced and he wants to relinquish his parental rights. How can we do this?
Divorce Law

My husband moved to another state, filed for divorce, and filed for custody custody. He has the child. What should I do?
Child Custody Law

My husband's ex-spouse is mad at him and therefore doesn't let me see his child at the court appointed times, though they both have legal joint custody. She tells him that she doesn't trust him. Can we just go and pick up the child from school?
Child Custody Law

My spouse is in jail and will not be getting out for at least 2 years. Can I file for the divorce myself?
Divorce Law

My spouse just asked for a divorce. What do I do first in Arizona?
Divorce Law

Should the court consider my financial circumstances in determining a temporary support award?
Alimony Law

The child support office miscalculated my payments. Now they claim I have an arrears. What do I do?
Child Support Law

The noncustodial parent is in jail. Can I still get support in Arizona?
Child Support Law

Under a court order, my ex-spouse has the kids for four weeks in the summer. Can I deny him those weeks because of a conflict?
Child Custody Law

Under what circumstances would a Arizona court award lifetime alimony?
Alimony Law

What are grounds for an annulment in Arizona?
Divorce Law

What are grounds for divorce in Arizona?
Divorce Law

What are some common arrangements for child visitation in Arizona?
Child Custody Law

What are some common terms that I should know in child custody cases?
Child Custody Law

What are the advantages of choosing a collaborative divorce in Arizona?
Divorce Law

What are the factors that go into an spousal support determination in Arizona?
Alimony Law

What are the legal requirements for marriage?
Marriage Law

What are the most common financial mistakes made during divorce?
Divorce Law

What are the requirements for the annulment of a marriage?
Marriage Law

What can I do now to prepare for a modification or to protect against a modification?
Child Support Law

What change in circumstances will support a petition for modification of alimony in Arizona?
Alimony Law

What determines how much child support I have to pay in Arizona?
Child Support Law

What do I do when children become emancipated and there are still outstanding arrears?
Child Support Law

What does reasonable visitation mean?
Child Custody Law

What does the term combined income refer to in figuring child support in Arizona?
Child Support Law

What factors go into determining custody and visitation in Arizona?
Child Custody Law

What happens if we reconcile and want to cancel the divorce?
Divorce Law

What happens in Arizona when visitation rights are frustrated?
Child Custody Law

What happens in a Arizona custody dispute where one parent is mentally ill?
Child Custody Law

What happens to joint debts when we divorce in Arizona?
Divorce Law

What happens to retirement funds and 401k plans in a divorce?
Divorce Law

What happens when the noncustodial parent has money to pay child support but still will not pay?
Child Custody Law

What if a noncustodial parent ignores or forgets about the summons and complaint?
Child Custody Law

What if a parent goes to college, is incarcerated, disabled, or changes careers to reduce or eliminate their income?
Child Support Law

What if both parents agree on child custody and visitation in Arizona?
Child Custody Law

What if I do not like the present custody order? Can I file for custody in another state?
Child Custody Law

What if I need child support while the divorce is still in process in Arizona?
Divorce Law

What if my ex-spouse is delinquent in alimony payments. What can I do in Arizona?
Alimony Law

What if my spouse cannot be found or evades service of the divorce papers?
Divorce Law

What if my spouse is served with the divorce but does not answer?
Divorce Law

What if the child's best interest does not coincide with the parents' personal desires?
Child Custody Law

What if the custodial parent wants to move away from the non-custodial parent?
Child Custody Law

What if the noncustodial parent is still in school and has no money?
Child Support Law

What if the other parent is a stay-at-home parent with children?
Child Support Law

What if the parents disagree on child custody and visitation?
Child Custody Law

What impact could my dating have on post-separation support and alimony in Arizona?
Alimony Law

What is a common law marriage?
Marriage Law

What is a marital settlement agreement in a divorce in Arizona?
Divorce Law

What is a postnuptial agreement?
Marriage Law

What is a prenuptial or ante nuptial agreement?
Marriage Law

What is a shared custody arrangement in Arizona and how does it work?
Child Custody Law

What is a visitation exchange?
Child Custody Law

What is alimony?
Alimony Law

What is an uncontested divorce?
Divorce Law

What is arrearage?
Child Support Law

What is child custody?
Child Custody Law

What is child support?
Child Support Law

What is child visitation and a parenting plan?
Child Custody Law

What is collaborative divorce?
Divorce Law

What is legal separation?
Divorce Law

What is marital property?
Marriage Law

What is necessary to make a prenuptial agreement valid in Arizona?
Marriage Law

What is pendente lite alimony?
Alimony Law

What is permanent alimony?
Alimony Law

What is supervised visitation in Arizona?
Child Custody Law

What is the difference between community and non-community property in Arizona?
Divorce Law

What is the difference between divorce and legal separation in Arizona?
Marriage Law

What legal options are available to a spouse to prevent a divorce from being granted?
Marriage Law

What papers do I need when I start a divorce case in Arizona?
Divorce Law

What qualifies as a material change of circumstances in a Arizona child custody case?
Child Custody Law

What should I bring when I meet with the divorce attorney?
Divorce Law

What should I do if I want to limit my child's visitation with grandparents?
Child Custody Law

What type of ceremony is necessary for a valid marriage?
Marriage Law

What would I be giving up if I agreed to give my ex-wife sole custody of the children?
Divorce Law

When can spousal support be ordered in Arizona?
Alimony Law

When does alimony stop in Arizona?
Alimony Law

When parents are not divorced yet, can one parent move with the children out of Arizona?
Divorce Law

Where can I find information about Arizona child support laws and guidelines?
Child Support Law

Where can I get copies of my marriage license or verification of a marriage record?
Marriage Law

Who can perform a marriage ceremony?
Marriage Law

Who can seek a child support modification in Arizona?
Child Support Law

Who can tell me how much alimony I have to pay in Arizona or how much I should receive?
Alimony Law

Who determines how much visitation is reasonable and fair?
Child Custody Law

Who gets alimony in Arizona and why?
Alimony Law

Who is going to pay for my child's daycare in Arizona?
Child Support Law

Who is responsible for debts incurred before the marriage?
Marriage Law

Who makes up the collaborative divorce team?
Divorce Law

Who pays for babysitting or daycare during the week when the children are with the non-custodial parent?
Child Support Law

Who pays taxes on spousal support in Arizona, the payer spouse or the payee spouse?
Alimony Law

Who should file in an uncontested divorce in Arizona?
Marriage Law

Who should not use mediation for a divorce?
Divorce Law

Why am I not receiving the full amount of the ordered child support or alimony?
Alimony Law

Why do I have to pay by wage assignment?
Child Support Law

Why should divorcing couples consider mediation in Arizona?
Divorce Law

Will I get to keep my house, car, and property after my divorce in Arizona?
Divorce Law

Will I have to go to court at any time during my divorce in Arizona?
Divorce Law

Will I have to pay my ex-wife her alimony arrearage after remarrying and divorcing again?
Alimony Law

Will my overtime be included in child support calculations?
Child Support Law

Will the Arizona court consider high living expenses, such as loan payments and income taxes, when determining my ability to pay child support?
Child Support Law

Will the child support be reviewed in the future?
Child Support Law

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Law Firm Info

Donaldson Stewart, P.C.
http://www.donaldsonstewartlaw.com/

3100 West Ray Road, Suite 115
Chandler, Arizona 85226

(480) 792-9770

About Our Firm

At Donaldson Stewart, P.C., we possess the qualities essential to serve the needs of our clients. We are a knowledgeable team of professionals committed to providing quality services at reasonable rates. Our attorneys and team of professionals provide clients with a compassionate, results-oriented representation that encourages our clients to actively participate in every step of his or her legal action. From the start of representation, we strive to provide our clients with information about their legal rights, what laws apply to their legal situation and what options are available so that our clients can make informed decisions about the case.

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