Spousal Maintenance Attorneys in Scottsdale and Phoenix, AZ
(480) 219-2433Spousal maintenance (also known as alimony or spousal support) 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 circumstances. Spousal maintenance is designed to help a person get on his/her feet. Depending on the court order, Spousal Maintenance can last indefinitely. Spousal maintenance terminates according to the duration of the Order, upon the death of the payer or when the recipient gets re-married.
Spousal maintenance is a highly litigated area of family law because there is not a mathematical formula to assist in determining the amount and duration. No guarantees can be made regarding what a Court will order for amount or duration of spousal maintenance. We often encourage parties to reach an agreement for spousal maintenance because through an agreement, parties can agree that spousal maintenance is non-modifiable in terms of amount and duration. If the issue of spousal maintenance goes to trial for the Court to decide the issue, then your spousal maintenance will be modifiable at any time the legal standard is met.
If your current spousal maintenance order is modifiable, then you can change the amount and/or the duration through an agreement with the other party or by petitioning the Court. We offer Mediation Services and we can set-up a mediation session for you and the other party to attend and attempt to reach an agreement on a new spousal maintenance order.
Yes – If your Spousal Maintenance Order was issued by the court, your Spousal Maintenance Order is modifiable. The court does not have the legal authority to add a “no modification” clause.
No – If your Spousal Maintenance Order was made by agreement during the divorce, there is a possibility that it contains a “no modification” clause. If it does, your Spousal Maintenance Order is not modifiable.
In order for a Court to modify spousal maintenance there must be a continuing and substantial change in circumstances since the previous order.
The court may consider many factors to determine if the change is “substantial and continuing” including:
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Either spouse may be entitled to received spousal maintenance.
You can waive spousal maintenance you are entitled to.
Children are not a factor in child maintenance awards.
The style to which you have been accustomed is not the standard for spousal maintenance payments.
You can waive spousal maintenance you are entitled to.
Generally, spousal maintenance is taxable to receiver and tax deductible to the payer. See a tax professional for advice.
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 pay is more easily handled in the court if the payments go through the Clearinghouse. Be aware that there is a lag time between the time payment is made and the time it is received if you go through the State.
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.
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.
Your earning potential will be used to determine if you can meet your reasonable needs. Your earning potential is determined by your education and past work history and oftentimes a vocation evaluation can be used. If you can work and meet your reasonable needs then you might not be eligible at all.
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.
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.
The court will use your earning potential to determine if you are entitled to spousal maintenance. You do not have an argument that you don’t want to work.
Schedule your hour consultation and speak with one of our experienced attorneys on how to get started and get a game plan.
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