Northern Arizona Child Support and Alimony Disputes Attorney
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. At the Law Offices of Scott David Stewart, we are experienced in handling child support and spousal support matters on behalf of clients seeking to collect support or defend against unmanageable obligations.
Call 928-252-3996 to schedule an appointment with an experienced family law attorney or contact us by e-mail. We are committed to protecting your financial interests and the best interests of your family
Child Support Determinations and the Arizona Child Support Guidelines
Child support in Arizona is calculated by a formula in the Arizona Child Support Guidelines. The formula takes into consideration the income of both parties, the parenting time arrangement, medical and personal expenses of all parties, and the standard of living before the divorce. 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. 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. The Guidelines apply in both divorce and paternity cases.
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 Support and Negotiable Determinations
Unlike child support determinations, spousal maintenance is more negotiable and not based on a formula. The court will consider the duration of the marriage, the lifestyle of the marriage, the assets that each person leaves the marriage with, and the job and income situation of both parents. The court will also consider whether one parent was a stay at home caregiver or one assisted with putting the other parent through higher level education.
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 divorce settlement. We are also prepared to take any strong case to court.
For more information please call 928-252-3996 or contact us by e-mail to arrange an initial consultation or case evaluation. Our lawyers are dedicated to providing experienced comprehensive legal service to clients in Flagstaff and throughout Northern Arizona.