When couples get married they intend for the union to last forever. Even as this is the case about half of all couples that get married and plan for a lifetime together end up getting divorced. Glendale is known to be a family-friendly city. Half of the households in Glendale consist of married couples and a third of them consist of children. It is our hope that every union stands the test of time and defies all odds. However, even as this is the case unavoidable circumstances do lead to divorce and spousal maintenance issues. When you are facing difficult family law issues you may need legal representation from a Glendale alimony lawyer.
When you are facing divorce and spousal issues in Arizona it is important for you to make the best decision for yourself and your family. You can start by choosing a knowledgeable legal representative that is knowledgeable about the Arizona legal system. Our Glendale family law lawyer will work closely with you and guide you through the entire process of divorce as you solve any spousal maintenance issues along the way.
The Monahan Law Firm's qualified divorce attorneys understand that each client’s case is different and that every client needs specialized and individual attention. Our approach as a team is tailored to suit every individual need of the client. We do this while ensuring to provide cost-effective and quality representation. At Monahan law firm we are just a call away and are always ready to help you with your difficult family law matter when you get in touch with us.
How Courts in Arizona Determine Spousal Maintenance
The court first needs to find it appropriate for spousal support to be awarded. When they find it appropriate to award spousal support the judge then sets the amount that should be awarded and the duration it will take for the support to be awarded. Also, there are factors that the judge will consider while determining spousal support. Below are some of the factors that the court will consider:
- The length of the marriage
- The standard of living during the marriage
- The ability of the spouse to meet their financial needs as well as the financial needs of the other spouse as they pay support.
- The contribution of the requesting spouse to the earning ability of the paying spouse during the period they were married.
- The capacity of each spouse and their ability to contribute towards the future educational costs of their children.
- The ability of the spouse that is requesting support to be self-sufficient.
When the judge takes all these kinds of factors into consideration at their discretion they then decide on the amount to award the requesting spouse. It is possible for every couple to agree on the amount, the type of support, and the duration of spousal support.
If they are able to agree on spousal support issues it will eliminate the need for a judge to evaluate their case. Even so, not all spouses are able to agree on spousal maintenance issues, and in this case, you may need a lawyer to represent you in Glendale, Arizona.
How Long Do Spousal Maintenance Payments Last?
Before a divorce case is finalized temporary support is awarded by the judge to the requesting spouse until new maintenance is awarded after the divorce.
The post-divorce award will be paid up to when the final judgment is set by the judge. Even so, maintenance can end automatically in one of these circumstances:
- If either of the spouses dies.
- The receiving spouse gets married.
- If the period set by the judge during the final judgment ends.
Can Spousal Maintenance Payments be Terminated?
As a couple that is finalizing their divorce, you can opt to create a non-modifiable provision. A non-modifiable provision in spousal maintenance will prevent either spouse from modifying the final spousal maintenance order. Also, you can choose to waive spousal maintenance entirely.
If the spouse does not make this order or if it is not agreed upon in court either of the parties involved
If the court does not make this order or if it is not agreed upon in court by the parties, then either of the parties can go to court to ask for modification or termination of spousal maintenance that was awarded. There is a need to prove a change in circumstances for modification or termination of spousal support to be awarded.
What Can you Do if Your Ex Is Not Paying Spousal Maintenance?
If your ex-spouse decided to stop making spousal maintenance payments they can be held in contempt of court. There are consequences for refusing to make spousal maintenance payments. They can include both criminal and civil penalties.
In certain jurisdictions failing to pay child support can result in the paying spouse losing their driver’s license, paying a fine, and even serving a jail sentence. The consequence will depend on the circumstances revolving around the case.
If you have stopped receiving spousal maintenance payments you should address the issue immediately. Here are some of the things that you can do to take action;
- You need to have an understanding of your divorce judgment and ensure that spousal maintenance payments are correct. For you to do this you need to visit a qualified and knowledgeable Glendale family lawyer.
- You can opt to file documentation for the legal process with the court showing that you have not received spousal maintenance payments as per the law or you can have your attorney do it for you.
- After a summons is issued to your ex-spouse and their presence is requested in court the court can issue an order for them to either make the payment immediately or allow for them to come up with a payment plan for spousal maintenance.
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Spousal maintenance issues can also arise when one or more of the parties are veterans. Notably, state and federal laws limit the court’s ability to consider VA disability compensation when awarding spousal maintenance.
It is important that during the divorce process you have the support of an attorney who can help protect your financial and legal rights. Our family law firm is dedicated to helping hundreds of families in Glendale resolve their family law disputes amicably.
How Our Firm Can Help You With Spousal Maintenance Issues
If you are owed spousal maintenance get in touch with our Monahan Law Firm family attorney and talk to one of our qualified family law attorneys. Most of the decisions that need to be made can be complex and complicated when you don’t have the help of a counsel who is well-informed.
Call our law practice today at 623-300-2727 and let us tell you how our Glendale divorce lawyers can help you get an amicable resolution on your family law issues or how our legal team can represent you in court.