You qualify under this section of service if the following has been completed: 1. You have filed a petition with the accompanying documents here in Arizona, AND 2. You do not know where the other party is, AND 3. You have tried all reasonable ways to find your spouse, including: a. Mailed by certified mail…
When people think of service, they generally think of a process server doing the job. With this method, you hire a process server to physically deliver those documents to your spouse. You will need to give the process server specific information as to where he or she can find your spouse. It is best to…
Another option to service is mail or other delivery service requiring signature confirmation. This option requires that you send all of your documents using certified mail, restricted delivery. The “restricted delivery” entails a minor fee, but ensures that the deliverer confirm that he or she is delivering personally to your spouse. When you receive this…
“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…
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…
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…
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.
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…
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…
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