Arizona Revised Statutes Title 25. Marital and Domestic Relations § 25-417. Parent's blindness; burden of proof; specific written findings; definitions
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A. In determining parenting time or participation in legal decision-making, the court may not consider a parent's blindness, unless the court specifically finds both of the following:
1. The blindness significantly or substantially inhibits the parent's ability to provide for the physical and emotional needs of the child.
2. The parent lacks sufficient human, monetary or other resources to supplement the parent's ability to provide for the physical and emotional needs of the child.
B. If a parent's blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the findings prescribed in subsection A of this section exist.
C. If the court denies or limits parenting time or legal decision-making, the court shall make specific written findings that state the basis of the denial or limitation.
D. For the purposes of this section:
1. “Blindness” means having either of the following:
(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
2. “Central visual acuity of 20/200 or less” includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
1. A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to a veteran's exemption from the payment of governmental services taxes on vehicles of the following determined valuations:
(a) If he or she has a disability of 100 percent, the first $20,000 of determined valuation.
(b) If he or she has a disability of 80 to 99 percent, inclusive, the first $15,000 of determined valuation.
(c) If he or she has a disability of 60 to 79 percent, inclusive, the first $10,000 of determined valuation.
2. In lieu of claiming the exemption from taxation set forth in subsection 1 in his or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before an authorized employee of the Department or a notary public. If a veteran makes such a transfer:
(a) The spouse of the veteran is entitled to the exemption in the same manner as if the spouse were the veteran;
(b) The veteran is not entitled to the exemption for the duration of the transfer;
(c) The transfer expires upon the earlier of:
(1) The termination of the marriage;
(2) The death of the veteran; or
(3) The revocation of the transfer by the veteran as described in paragraph (d); and
(d) The veteran may, at any time, revoke the transfer of the exemption by filing with the Department in the county where the exemption is claimed an affidavit made before an authorized employee of the Department or a notary public.
3. For the purpose of this section, the first $20,000 of determined valuation of vehicles in which a person described in subsection 1 or 2 has any interest shall be deemed to belong entirely to that person.
4. A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 or 2, as applicable, and that the exemption is claimed in no other county within this State. After the filing of the original affidavit of exemption and after the transfer of the exemption, if any, pursuant to subsection 2, the county assessor shall, except as otherwise provided in this subsection, mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the Gift Account for the Veterans Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145,
to the person who claimed the exemption each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.
5. Before allowing any exemption pursuant to the provisions of this section, the Department shall require proof of the veteran's status, and for that purpose shall require production of:
(a) A certificate from the Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and
(b) Any one of the following:
(1) An honorable discharge;
(2) A certificate of satisfactory service; or
(3) A certified copy of either of these documents.
6. A surviving spouse claiming an exemption pursuant to this section must file with the Department in the county where the exemption is claimed an affidavit declaring that:
(a) The surviving spouse was married to and living with the veteran with a disability for the 5 years preceding his or her death;
(b) The veteran with a disability was eligible for the exemption at the time of his or her death or, if not for a transfer of the exemption pursuant to subsection 2, would have been eligible for the exemption at the time of his or her death; and
(c) The surviving spouse has not remarried.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall, except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.
7. If a tax exemption is allowed under this section to a person who qualifies for the tax exemption:
(a) As a veteran or as the current spouse of a veteran who receives a transfer of an exemption pursuant to subsection 2, that person is not entitled to an exemption under NRS 371.103.
(b) Solely as the surviving spouse of a veteran with a permanent service-connected disability, the allowance of a tax exemption under this section does not affect the eligibility of that person for an exemption under NRS 371.103.
8. If any person makes a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof the person is allowed a tax exemption to which he or she is not entitled, the person is guilty of a gross misdemeanor.
9. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 3 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the consumer price inflation index from July 2003 to the July preceding the fiscal year for which the adjustment is calculated.
10. For the purposes of this section, “consumer price inflation index” means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index selected by the Department of Taxation pursuant to subsection 11 of NRS 361.091.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 25. Marital and Domestic Relations § 25-417. Parent's blindness; burden of proof; specific written findings; definitions - last updated March 08, 2022 | https://codes.findlaw.com/az/title-25-marital-and-domestic-relations/az-rev-st-sect-25-417.html
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