Arizona Alimony & Spousal Maintenance Laws

Can I Modify Spousal Maintenance | Arizona

Michael Clancy

 

Spousal maintenance can be modified by showing a substantial and continuing change of financial circumstances. Well what does that mean? It can mean any number of things. It can mean that you changed jobs. It can mean you have moved. It can mean you have less parenting time. It can mean that you suffered a catastrophic injury and you’re not able to work anymore. Each case is unique and it requires a specific inspection by the attorney who you hire. Also to consider, if your decree says that spousal maintenance is non-modifiable, unfortunately at that point, the court doesn’t have the power to modify, so the answer to the question then would be no. But again, I would love to talk to you more about your case and if you’d like to talk to me, you can email me.

To modify spousal maintenance in Arizona, contact a Scottsdale divorce attorney.

By: Attorney Michael Clancy

Spousal maintenance can be modified by showing a substantial and continuing change of financial circumstances. Well what does that mean? It can mean any number of things. It can mean that you changed jobs. It can mean you have moved. It can mean you have less parenting time. It can mean that you suffered a catastrophic injury and you’re not able to work anymore. Each case is unique and it requires a specific inspection by the attorney who you hire. Also to consider, if your decree says that spousal maintenance is non-modifiable, unfortunately at that point, the court doesn’t have the power to modify, so the answer to the question then would be no. But again, I would love to talk to you more about your case and if you’d like to talk to me, you can email me.

To modify spousal maintenance in Arizona, contact a Scottsdale divorce attorney.

By: Attorney Michael Clancy

What Should I Expect During the First Meeting With My Divorce Attorney | Arizona

Mitchell Reichman

 

Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.

How can I make the most of my first meeting?

The way a client can make the most of their first meeting with me is to be organized and to bring me basic general information. So I want a simple statement of their assets and their liabilities. I’d like to see the most recent three years of tax returns. And I recommend the client bring notes. At least bullet points of the topics the client would like to cover in that first meeting.

Should I bring all of my records to the first meeting?

I don’t ask them to bring a lot of documents to the first meeting. We’re going to follow up and gather a lot of documents during the process. Certainly I would not want the to bring a box of records to the meeting. It would be very inefficient, very expensive for the client for me to be thumbing through a box of records in that first meeting.

What information are you looking for initially?

We’re looking for broad strokes of information. We want to identify in that first meeting what the assets are and what the liabilities are. To find out about their children. To know about income and expenses. To see if someone is going to be needing spousal maintenance for example. So just broadly identify the topics we’re going to need to address. We’re going to gather a lot of details along the way, but that wouldn’t be a useful way to spend our time the first meeting.

By: Mitchell Reichman

Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.

How can I make the most of my first meeting?

The way a client can make the most of their first meeting with me is to be organized and to bring me basic general information. So I want a simple statement of their assets and their liabilities. I’d like to see the most recent three years of tax returns. And I recommend the client bring notes. At least bullet points of the topics the client would like to cover in that first meeting.

Should I bring all of my records to the first meeting?

I don’t ask them to bring a lot of documents to the first meeting. We’re going to follow up and gather a lot of documents during the process. Certainly I would not want the to bring a box of records to the meeting. It would be very inefficient, very expensive for the client for me to be thumbing through a box of records in that first meeting.

What information are you looking for initially?

We’re looking for broad strokes of information. We want to identify in that first meeting what the assets are and what the liabilities are. To find out about their children. To know about income and expenses. To see if someone is going to be needing spousal maintenance for example. So just broadly identify the topics we’re going to need to address. We’re going to gather a lot of details along the way, but that wouldn’t be a useful way to spend our time the first meeting.

By: Mitchell Reichman

Is Alimony Taxable in Arizona?

Kip Micuda

 

Alimony is referred to in Arizona as spousal support or spousal maintenance. The parent that receives alimony must report those payments as taxable income on his or her federal and state tax returns. A spouse that pays alimony must report those payments as a deduction on their federal and state tax returns. However, the parties can agree to treat alimony differently, as far as it’s taxability. They can agree to treat it is part of a property settlement or as part of an equalization. In that instance, there is no reporting of alimony on either party’s tax returns at all. If you have any questions about alimony and the taxability of it, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

Alimony is referred to in Arizona as spousal support or spousal maintenance. The parent that receives alimony must report those payments as taxable income on his or her federal and state tax returns. A spouse that pays alimony must report those payments as a deduction on their federal and state tax returns. However, the parties can agree to treat alimony differently, as far as it’s taxability. They can agree to treat it is part of a property settlement or as part of an equalization. In that instance, there is no reporting of alimony on either party’s tax returns at all. If you have any questions about alimony and the taxability of it, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

Does the Court Consider Separate Property When Determining Alimony | Phoenix Divorce Laws

Erik Bergstrom

 

4 Factors to Determine Alimony Eligibility

In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.

Separate & Community Property

In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.

Determining Amount & Duration

The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.

By: Attorney Erik Bergstrom

4 Factors to Determine Alimony Eligibility

In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.

Separate & Community Property

In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.

Determining Amount & Duration

The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.

By: Attorney Erik Bergstrom

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