However, enhanced earning capacity developed during the marriage through licensing or advanced degrees can still be factored into the judge's determination of post-divorce spousal maintenance, equitable distribution, or for making
a spousal maintenance award on income in excess of the new income cap.
At the law offices of Modern Law, PLLC, our experienced Scottsdale spousal maintenance attorneys have seen too many people walk away from recovering
a spousal maintenance award because the process is too confusing or too divisive.
While we understand that recovering
a spousal maintenance award can be controversial, it may also be necessary to protecting your financial future.
The Arizona Court of Appeals issued a decision regarding living together and spousal maintenance in Van Dyke v. Steinle regarding whether a former spouse's cohabitation with another person provides a basis to modify or terminate an Arizona
spousal maintenance award.
Wife actually had plans to marry her love interest, but admittedly canceled the wedding when she discovered her marriage would terminate her Arizona
spousal maintenance award as a matter of law.
The trial court could not have considered it when establishing the initial
spousal maintenance award.
In Linton, the spouses entered into a settlement agreement that included
a spousal maintenance award.
Possible future changes in a spouse's employment can not be considered in establishing
a spousal maintenance award.
Therefore, the court found that Mr. Chaney's retirement did not constitute a substantial and continuing change in circumstances to justify modifying
the spousal maintenance award.
The amount and duration of
a spousal maintenance award will vary depending upon the factors listed in the statute.
In Arizona,
a spousal maintenance award in a divorce decree can only be modified if the parties» financial circumstances have changed.
Three years later, Mr. Chaney filed a petition requesting modification of
the spousal maintenance award.
But, changes the parties already considered when they entered into a divorce settlement can not justify a modification of
that spousal maintenance award.
This is not to say the court will make
a spousal maintenance award to keep the spouse receiving spousal maintenance at that same standard of living.
The Court told the lower court to review
the spousal maintenance award in light of the new division of community property.
There is no reasonable argument that can be made that the court would have decreased the amount of
the spousal maintenance award had the court been aware of the additional income.
Judging from the record, the court approved
the spousal maintenance award based solely on Husband's disability income, which would mean his loss of part - time work that the court was unaware he had in the first place, does not constitute a change at all.
Two years ago, the father of my children was able to have
the spousal maintenance award that had enabled me to make regular payments on my student loans ended.
Alternatively, we have seen
spousal maintenance awards granted by judges after trial only because the person ordered to pay spousal maintenance was poorly represented and the judge did not hear relevant evidence which, if presented, may have resulted in an entirely different outcome.
Spousal maintenance awards can be temporary until the receiving spouse becomes self - sufficient, or permanent in the case of longer marriages.
Usually, most
spousal maintenance awards granted post-divorce won't extend beyond three years, though there are sometimes exceptions.
This is because
spousal maintenance awards are based on the reasonable needs of the requesting spouse.
Currently,
Spousal Maintenance awards are granted pursuant to Wisconsin Statutes Case 767.26.
Statutes relating to
spousal maintenance awards specifically allow the parties to enter into a private agreements that preclude or limit
spousal maintenance awards.
Not exact matches
Proof of public assistance, including Temporary Assistance for Needy Families (TANF) Reference from Integrated Community / Communidad Integrada (ciiccolorado.org) Two most recent pay stubs W - 2 1040 Proof of children in the reduced - cost school lunch program Proof of unemployment benefits currently or within the last three months Proof of Food Stamps Latest
award letter for Social Security or disability payments Proof of Medicaid Extreme medical expense or other demonstrable extreme financial hardship Court documents showing amount of child support or
spousal maintenance
First, Arizona Revised Statute Section 25 - 327 (B) provides that, unless the Decree of Dissolution of Marriage or Decree of Legal Separation indicates otherwise, an
award of
spousal maintenance terminates upon the death of either party or upon remarriage of the spouse receiving the
spousal maintenance.
The Arizona Court of Appeals ruled that such a situation could be the basis for the trial court to either stop the
spousal maintenance payments or modify the
award.
Start Date for Temporary Support in Arizona Arizona laws are used to determine
spousal maintenance, child support and family support
awards and amounts.
D.
Award spousal maintenance in such amount as is reasonable and necessary; OR Enter a Declaratory Judgment providing that neither party is in need of or qualifies for an award of spousal mainten
Award spousal maintenance in such amount as is reasonable and necessary; OR Enter a Declaratory Judgment providing that neither party is in need of or qualifies for an
award of spousal mainten
award of
spousal maintenance;
In Scotland, it is not uncommon for ex-spouses (usually but not invariably wives) to be
awarded spousal maintenance for up to three years after the date of separation, with the intention of helping them to adjust to life on their own.
These four main points are assessed against the spouse petitioning for alimony and will help determine if
spousal maintenance is a fitting
award in the first place.
The modification of
spousal maintenance, however, may depend upon whether alimony was
awarded by a judge after a trial or was based upon an agreement of the parties.
However, every judge has different perspectives on permanent
spousal maintenance cases in short term marriages, and there have been examples of judges
awarding permanent
spousal maintenance to a disabled spouse in a short term marriage.
The court
awarded «
maintenance» (i.e. alimony or
spousal support) in the form of a lump sum in the full amount that the wife requested, as well as child support.
In Arizona, the duration of your marriage can have a significant impact on the court's decision regarding an
award of
spousal maintenance.
The doctrine of res judicata prevents a party who failed to participate in divorce proceedings and did not appeal the
award of
spousal maintenance in a default decree from being granted a modification based on facts that could have been raised at the hearing.
A divorce decree was issued dissolving the parties» marriage, dividing their marital assets, and
awarding Wife
spousal maintenance of $ 600 for 120 months.
The family court considered the 13 enumerated factors in the statute prior to
awarding Wife $ 600 per month in
spousal maintenance for 120 months.
Today,
spousal maintenance may be
awarded to either spouse if he or she needs financial assistance, and the other is able to provide such assistance; also,
awards now tend to be temporary, lasting for a period of rehabilitation that enables the recipient spouse to become self - supporting.
Husband did establish through the presentation of evidence that he was employed at the time of the original divorce decree, but he did not establish that the court was aware of his employment at that time or that awareness of his part - time employment would have impacted the
award of
spousal maintenance.
Additionally, at the hearing, Husband did not argue Wife was not entitled to an
award of
spousal maintenance.
The Arizona Court of Appeals concluded the trial judge did not make a determination regarding whether to
award spousal maintenance the amount of the alimony
award.
How does this rule apply to an
award of
spousal maintenance that was not agreed up by the parties in a settlement agreement but, instead, was ordered by the court after a contested trial?
The judge also
awarded Mrs. Chaney
spousal maintenance in the amount of $ 450 a month.
It may not apply in the present case where the parties did not settle; instead, the judge
awarded spousal maintenance after a trial.
A court has the authority to
award spousal maintenance to a spouse in a divorce in Arizona.
As a general rule, the longer you're married the more likely the court will consider
awarding spousal maintenance in Arizona.
The court can't
award any part of it to the other spouse, but it could set it aside for
spousal maintenance (alimony) or the benefit of minor children.
In those cases where an
award of
spousal maintenance is appropriate, the court usually enters an
award of rehabilitative
spousal maintenance.
In contrast, the English Courts are much more ready to
award ongoing
spousal maintenance post-divorce.