Scottsdale Spousal Support Help
Scottsdale Spousal Support Lawyer
In divorce cases, there are a lot of different details to cover. Spousal support is one issue that leaves a lot of gray area. It’s also one of the most misunderstood areas of divorce. When couples file for divorce, they may also request for the court to enforce spousal support, also known as spousal maintenance or alimony. This can be requested in certain situations when it is deemed that the economic consequences of the divorce are actually unfair.
In Arizona, no-fault laws are in place, which means that courts can’t include marital misconduct in their decision on spousal maintenance or support. Essentially, all that matters is whether spousal maintenance is appropriate and what amount should be given to ensure that the scales are equally balanced. The best place to start is by doing your homework. And then, once you’re ready to talk about moving forward, you can contact a dedicated spousal support lawyer in Scottsdale today.
Who Can Get Spousal Support?
Since Arizona is a no-fault divorce state, anyone can get spousal support if it’s deemed necessary. Anyone who is economically impacted by the divorce more than the other spouse may be able to get support. The court will have to evaluate several factors, including who was working during the marriage, who earns more money, who’s keeping the house, etc.
Courts usually put a set amount in place but allow it to be changed over time. You will have to file the right paperwork to ask the court to either raise or lower the support amount over time. Once the order is in place, the individual responsible must pay the support, or they will be subject to being charged with a misdemeanor. This could also lead to wage garnishment and other penalties for nonpayment of support.
If a couple gets divorced and one person makes six figures, but the other is keeping the house to raise the kids, they may be awarded spousal support. That’s just one example of how the tables can turn during a divorce and what Arizona does to make sure that everything is handled as fairly as possible.
How is Spousal Support Calculated in Arizona?
There are several factors that determine spousal support in Arizona. For starters, it will be determined what the wage deficit is between the spouses, as well as what expenses or necessary costs should be covered and by whom. The court will continue to evaluate the case and determine whether a spouse deserves support or not. They may also name the support amount, or the filing spouse can petition the court for a certain dollar amount of alimony to get the ball rolling.
From there, the courts will determine how much the alimony or spousal support should be based on factors like bills and expenses, a huge gap in wages, a high-earning spouse letting the lower earner raise the kids, etc. It’s a detailed process that’s going to have a different outcome for everyone, so as long as you know the basics, you should be good.
Some of the factors at play here include:
- Whether the spouse can meet their own needs financially
- Whether the spouse is caring for children or has another reason they cannot support themselves through a job
- The duration of the marriage
- Future earnings
- Income differences
- Jobs and job skills
Courts will look at these and other factors to consider the situation in each couple that comes to court so that they can determine the best outcome for everyone involved. There is a lot that can be used in the process of calculating or determining spousal support, so it’s important to be prepared. One of the best ways you can do that is by hiring a dedicated Scottsdale spousal support lawyer.
Do You Have to Be Married for a Certain Amount of Time?
You do not have to be married for any specific period of time in order to get support like this. The length of your marriage will impact the amount of maintenance and perhaps whether it’s allowed, but there is no law that says marriages have to last for “x” years. The court usually only orders spousal support for a few years because the ongoing maintenance trend is one they don’t want to keep supporting.
Whether you have been married for ten years or two, you may have a claim to spousal support, and you should talk to a Scottsdale spousal support attorney to help you learn the rest and get what you’re owed. Make sure that you fight for your side of the case and capitalize on the information that you have about the process ahead of time to help you get a better outcome.
Can Spousal Support Be Ordered with Child Support?
Yes, technically, a judge could enforce both a child support payment and a spousal support payment. These are two entirely different topics and determinations in a court setting, however, and shouldn’t even be compared or considered. Spousal support is for the spouse. Child support is for the children. Therefore, both can be ordered by the courts or requested by one spouse claiming that the other should pay.
Courts are very particular about the divorce process, especially when it comes to money. People who are getting child support and spousal support have been through the process and checked carefully to ensure that they qualify. If you’re charged with child support and spousal support, you might want to do the same.
The Bottom Line
If one spouse is more financially secure than the other (to their detriment), courts can order spousal support to be paid when it is deemed necessary. Of course, it’s important for the requesting spouse to be able to prove why they need support and what kind of money they expect. When you do that, it will be easy to settle the legal disagreements about bills, expenses, and who is paying for what.
And remember, never go through it alone. Contact the team at Modern Law and get your spousal support case underway.
8707 E Vista Bonita Drive, Suite 155 Scottsdale, AZ 85255