Family Law Blog

Stay up-to-date with family law and divorce news, tips and guides by Cindy Best.

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Cindy Best
How do you serve the other party with dissolution documents in Arizona?

“Service” is the technical name for the other party receiving from you the documents that you have filed. Arizona courts require one party to show proof that the other person was served. In today’s legal world, service does not have to be done with a process server. Instead, you can simply mail the documents to … Continue reading How do you serve the other party with dissolution documents in Arizona?

Cindy Best
What if my husband quit his job on purpose to avoid paying me?

Here in Arizona, if you can prove it, the court will consider the earning potential, not necessarily what he is actually earning. You would want to get his work records through discovery to find out if he quit, was fired, or was laid off.

Cindy Best
What if my spouse will not give me current financial information relating to his change in jobs from Scottsdale to Flagstaff?

You may send a written request by certified mail to your former spouse’s employer or former employer requesting detailed information about all pay and benefits paid to your former spouse by the employer. You may also file a Petition for Order to Show Cause or Request for Expedited Hearing, requiring your spouse to provide you … Continue reading What if my spouse will not give me current financial information relating to his change in jobs from Scottsdale to Flagstaff?

Cindy Best
What will the courts do here in Arizona if my spouse quits working in order to stop having to pay spousal maintenance?

A former spouse cannot avoid spousal maintenance or child support by voluntarily reducing or terminating his or her employment. The court has the discretion to attribute income to a spouse who voluntarily reduces his or her income and to require the paying spouse to pay spousal maintenance or child support in the former amount. The … Continue reading What will the courts do here in Arizona if my spouse quits working in order to stop having to pay spousal maintenance?

Cindy Best
When does spousal maintenance end in Arizona?

Spousal maintenance terminates upon the death or remarriage of the receiving spouse. This is called non-modifiable, but excludes these two situations. There will be a beginning date and an ending date for the payments if you negotiate it and if a court orders it.

Cindy Best
In Arizona, how is spousal support paid?

Here in Arizona there are several options. It can be paid directly from one spouse to the other. Both parties should keep very accurate records of the payments. The court may order the payments to be made through the clearinghouse, administered by the state of Arizona. They keep track of payments for you. Failure to … Continue reading In Arizona, how is spousal support paid?

Cindy Best
How is spousal maintenance calculated here in Arizona?

In Arizona, there is no statutory formula for calculating spousal maintenance; however, there is an unofficial “guidelines” formula that is used by many attorneys and some judges. Arizona judges have broad discretion in determining whether or not to award spousal maintenance and in determining the amount and duration of spousal maintenance awarded. It is best … Continue reading How is spousal maintenance calculated here in Arizona?

Cindy Best
What is alimony?

Here in Arizona, spousal maintenance (formerly known as alimony) is a monthly payment from one spouse to another, which is designed to allow for the spouse who earns less income to establish a home and living environment on his/her own. Spousal maintenance is used for an easier transition to becoming a single person in certain … Continue reading What is alimony?

Cindy Best
I am getting ready to file for divorce here in Arizona. Can I take all the money out of our Scottsdale joint savings account?

No, because although the temporary injunction is not in place, you are intending to file and it is not fair to take all the money out of any joint accounts you have in Arizona. You may take half of the money, and this should not cause any problems in case you have to explain this … Continue reading I am getting ready to file for divorce here in Arizona. Can I take all the money out of our Scottsdale joint savings account?

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