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Spousal Maintenance FAQs

Is spousal maintenance taxable?

Check with your accountant but in general, spousal maintenance is taxable to receiver and tax deductible to the payor.

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

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.

What if my husband had a really good job and now is unemployed?

Depends, if he cannot find employment, you may not be entitled to any spousal maintenance. You will have to investigate the reasons for the unemployment.

Am I entitled to live the same as I did when we were married?

No. The style to which you have been accustomed is not the standard.

Does it matter how many children we have?

No.

Can I waive my spousal maintenance?

Yes.

Can either a husband or a wife receive spousal maintenance?

Yes.

Is spousal maintenance considered my salary for child support calculations?

Yes.

What if my former spouse refuses to give me current financial information relating to support or changes in jobs? (A.R.S. §25-513)

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 with the relevant information and to keep you apprised of his or her current employer’s address. You should consult with an attorney.

 

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7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253