Determining Spousal Support in Mesa

Spousal maintenance in Mesa is the most difficult outcome within a divorce to predict. If a judge decides that an individual qualifies for alimony, they also decide the length and amount of support. You can request a specific amount with the help of a spousal support attorney, but it is ultimately up to a judge when it comes to determining spousal support Mesa. The Maricopa county judges all participate in training. In their trainings they are given the same set of facts and asked to award hypothetical alimony. Every time they undergo this exercise the various judges award a wide variety of alimony both in terms of amount and duration.

It is very risky to take a spousal maintenance case to trial. You will want an experienced spousal support attorney to help you craft your argument based on your specific judge. The attorney will help you decide under which factor to prove eligibility and then use the secondary factors to help you either defend against or establish a strong alimony claim.

Referencing Important Documents

Whenever someone decides to end their marriage, they are required to disclose certain financial information. If they do not follow those rules, there are steps that can be taken to obtain the information, such as serving subpoenas or filing requests for production of documents or other official “discovery” tools.

Our skilled and tenacious legal team is familiar with the discovery tools and will help take the burden off your shoulders by compiling documents on your behalf. When determining appropriate spousal support payments in court, the attorneys from our Mesa location at Dana Park can use the following evidence to advocate for your eligibility or defend against a claim:

  • An affidavit of your financial information
  • The last three years of your tax returns
  • Evidence of your standard of living, like bank or credit card statements
  • Text messages and emails between parties

If you can’t get a job because of health issues, we can present your medical records so the Mesa Family Court, located at 222 N Javelina Dr, can accurately determine spousal maintenance. The arguments and evidence attorneys use depend on the person and their specific situation.

Earning Capacity

Determining alimony in Mesa, after eligibility is established, requires a judge to compare the parties’ incomes and earning capacities. This involves evaluating your income from the previous year, tax forms, W-2s, etc. If you do not have that information or have been out of work, the judge may assign minimum wage as a reasonable earning capacity.

Education

Education also factors into earning capacity for spousal support. For example, a person with a degree who takes time off to raise kids may receive limited or no support because the judge may decide that they can get a job in their field quickly. In other words, if they find that you can easily find gainful employment, they may deny spousal support.

Mental Health

For mental health to be a factor in potential spousal maintenance, you must demonstrate that you are unable to work as a result of your physiological condition and require support to meet your reasonable needs. Reasonable needs can include access to medication, therapy, and other treatments.

Receiving Support During a Pending Case

You can receive spousal support before a final settlement or court date if both you and your former spouse agree to that arrangement or if the court grants a motion for alimony in the interim. If you need financial support before your court date, our firm can help you decide whether to pursue an arrangement with the other party or to seek temporary orders for spousal maintenance from the court.

Get an Attorney’s Help with Determining Spousal Support in Mesa

An attorney from our team will help you collect information and disclose it to the other party and their lawyers. After considering the information and evidence, we can make an assessment and advise you on your options for spousal support and the likelihood of it being granted by certain judges.

Knowing what to expect from the legal process that goes into determining spousal support in Mesa can make a big difference in reaching a favorable outcome. Call us today to learn more about your legal options.