Resolving Child Support and Alimony Issues in Metro Phoenix
Although an important objective of divorce is always to draw a line separating marital responsibilities from life after the dissolution of a marriage, certain rights and obligations will continue after the divorce is final.
Child support and spousal maintenance are the main financial responsibilities that divorcing spouses need to consider. Child support can be a major fact of life for unmarried parents, and spouses living under a legal separation agreement might also stipulate to spousal maintenance payments.
Call 602-639-4618 for Advice About Child Support or Spousal Maintenance
In our state, child support is calculated by a simple formula contained in the Arizona Child Support Guidelines. The most important factors for calculating child support payments are both parties' incomes or income potential, and the amount of time each parent has with the child during the year. The Guidelines apply in both divorce and paternity cases.
Additional factors such as daycare and medical insurance expenses for the child are also included, but there might be other ongoing costs or considerations that should be considered as well to raise or lower a monthly obligation. Our attorneys can advise you about the factors that are easy to overlook when calculating child support.
Although the Child Support Guidelines are not especially flexible, we can work with you on such difficult issues as calculating payments when a parent is self-employed or underemployed. Because a parent's income and a child's needs are often subject to change with little or no warning, we can also advise you about your right to modify or enforce child support commitments.
Spousal Maintenance Is Much More Negotiable Than Child Support
Nothing inherent in the marriage relationship guarantees one spouse a right of continuing support from the other after a divorce is final. As a practical matter, however, the law recognizes that one spouse often sacrifices career opportunities for such essential family responsibilities as caring for or raising children.
Whenever one spouse's earning power significantly exceeds the other's, you should probably assume that spousal maintenance (or alimony if you prefer) will figure into the divorce settlement. However, prenuptial agreements can specify maintenance rights or contain a complete waiver of any spousal support awards.
Our attorneys can help you understand how Arizona's flexible approach to spousal maintenance will apply in your situation, and we can help you work toward a realistic goal that protects your interests to the greatest possible degree. In many cases, we're able to negotiate mutually satisfactory alimony terms in conjunction with a community property agreement. Sometimes, however, we need to take a strong case to court.
Matters such as the length of premarital cohabitation and even infidelity never factor in to an amount of alimony. Preserving a marital standard of living can factor into the amount of alimony. The main objective of spousal maintenance is to support a financially weaker spouse for the length of time it takes to become self-sufficient.
Whether you'll be in the position of paying or receiving alimony or child support, you can depend on the lawyers of Deloughery & Ruotolo, P.C., for sound advice and practical solutions. Contact us at our office on the border between Scottsdale and Phoenix to learn more about our approach to client service.
