Tag Archives: alimony

How Alimony and Child Support are Calculated

Alimony and child support are common issues in family law. The people on each side of the issue have concerns about whether alimony will be granted and how much child support will be awarded. Alimony is money that one person pays the other while a divorce is in process or after the divorce is finalized. A family law judge may determine that the higher earner of the two must support the other person with payments for a length of time.

divorceThere are a variety of types of alimony or spousal maintenance in Arizona. A family law judge will determine what type of alimony is appropriate and assign a length of time. In some cases, the family law judge orders one spouse to pay the other a lump sum. It’s more common for one spouse to be required to make monthly payments. It’s unusual for permanent alimony to be established. Family law courts tend to view alimony as temporary and designed to help the designated spouse find a job or obtain the education and training they need to find a job.

The family law court will determine whether alimony is appropriate based on a number of factors. For example, one spouse might not have sufficient property to meet basic needs. Alimony may be awarded if one spouse cannot be self-sufficient through a job. If one spouse contributed to the other’s education, the family court may award alimony. There are a variety of other factors that come into play such as the duration of the marriage, the standard of living during the marriage, the spouses’ financial resources and ability to earn money and costs of health insurance. There are many other factors involved. It’s important to work with a qualified attorney no matter which side of the issue you are on.

Child support is calculated differently than alimony. There are online calculators that can estimate child support payments, but the final decision is up to a family law court. Many factors play into child support including educational costs, medical costs, parenting time per year and the gross income of the parents. Alimony is also considered.

The Difference between a Prenuptial and Postnuptial Agreement

A prenuptial agreement is very common in the world of family law. Many people create these agreements to protect their assets in the case of a divorce. Postnuptial agreements are also common, but people are often not familiar with the difference between the two types of agreements.

prenuptial agreementA prenuptial agreement is created with a family law attorney before a marriage or civil union takes place. The agreement is actually a contract and covers many different family law issues. Prenuptial agreements can contain a variety of terms depending on the situation. The document details how the couple will divide their assets if they decide to divorce in the future. Some agreements have specific stipulations, such as forfeiture of certain assets in the case of adultery.

Both parties involved should have their own family law attorney during the creation of the prenuptial agreement. There are many issues to consider and individuals who complete these agreements without assistance can overlook serious concerns. These can include spousal support and what happens to individual assets if one of the parties dies after the divorce. Prenuptial agreements must be entered into voluntarily and the family law attorneys can ensure that this is clear before the documents are signed.

Postnuptial agreements are created after the two parties have already been married or entered into a civil union. The postnuptial agreement is a contract that specifies how assets will be handled if the couple divorces or separates. These types of family law contracts have only been popular for a few decades, but people find them very helpful in the case of a separation.

There are a few common types of postnuptial agreements. One type deals with assets if one person dies. In these cases, the other partner waives the right to property or assets that he or she would normally be entitled to under inheritance laws. Some agreements address the issue of alimony. Typically, the parties waive the right to alimony. The contract may also address the division of property that was acquired before or after the marriage or civil union. It’s important for both parties to work with a family law while creating postnuptial agreements so that the interests of both people are protected.

How Does Alimony Work in Arizona?

Alimony is the money one ex-spouse pays the other during the process of a divorce or after the divorce. It is referred to as “spousal maintenance” in Arizona. There is more than one kind of spousal maintenance. A family law attorney can explain the details of each type to you and help you understand which kind applies to your situation.

new careerPermanent spousal maintenance means one party pays the other a set amount for a long period of time. If the divorce is causing financial hardship for one spouse, temporary spousal maintenance is usually awarded until the person has time to recover. Your family attorney may encourage you to file for temporary spousal maintenance if you are suffering from the immediate effects of separation.

Permanent spousal maintenance is becoming unusual. Even if the couple is married for a long period of time, a judge is unlikely to award permanent spousal maintenance. However, if you provided substantial family and life support for your ex-spouse over a long period of time, you may be entitled to financial compensation. Your family law attorney can help you understand how your contributions as a homemaker and primary parent factor into spousal maintenance awards.

It’s common for courts to recommend rehabilitative spousal maintenance for a limited period of time. This type of spousal maintenance is designed to help the person receive job training or a college education so that he or she can find sustainable employment. A family law attorney can help you determine if you are eligible for this type of support. It is especially helpful if you have been out of the workforce for a long period of time.

If you are considering asking for spousal maintenance, you should consult with your attorney to help formulate the right approach. You will need to clearly explain the reasons you are entitled to spousal maintenance and how you plan to achieve financial independence in the future. If you are being asked to pay spousal maintenance, your family law attorney can help you evaluate your options. It may be easier to agree to a temporary spousal maintenance agreement than to fight it. In other cases, your best option is to contest a spousal maintenance agreement.

How Do I File for No-fault Divorce in Arizona?

Arizona is a no-fault divorce state. Neither spouse has to cite specific reasons for ending the marriage. They must simply state that the marriage is irretrievably broken. No-fault divorces can be as stressful and contentious as other types of divorce. There are assets to be divided and other financial questions to settle. A family law attorney will be an immense asset during the divorce process. If you try to execute a divorce without the proper support, you can end up with a lot of problems when it comes to financial issues and child custody agreements. Don’t let yourself be pressured into a quick divorce. Instead, work with a family law attorney that can protect you.

divorce attorneyIf you have children, you will need to settle child custody issues. A family law attorney can help you arrange a mutually beneficial custody agreement. If you have any conflicts about custody agreements, it’s essential to work with a family law attorney to protect your rights. In some situations, there may be concerns about the children’s safety with your former spouse. Your family law attorney can help you protect your children in these types of situation. If you share custody, your attorney can help you enforce your visitation rights.

When it comes to financial issues, there are many questions you and your attorney will need to discuss. How will any existing debt be divided between your former spouse? How will your retirement accounts be allocated? Child support is another important consideration. How will the expenses of caring for the children be split? Will you be asking for alimony? There are several types of alimony and a family law attorney can assist you in filing the appropriate paperwork.

Arizona is one of the few states that have a type of marriage called covenant marriage. This type of marriage is created specifically to make divorce more difficult. If you have entered into this type of marriage, a no-fault divorce is not possible. A court will only grant you a divorce for a particular reason such as physical abuse, adultery, abandonment or substance abuse. A family law attorney can help you understand your options for moving forward with a divorce in this type of situation.

Hiring a Family Law Attorney for your Divorce

divorceDivorce is not a word that you want to hear at all when you are married. Sadly divorce is very common place for many people now. Divorce can happen for many reasons including cheating, general unhappiness and just a mutual agreement that the marriage is no longer working. If you find yourself getting ready to go through a divorce you will want to make sure that you hire a family law attorney. Make sure that your lawyer is specifically experienced in the world of family law as they will know all the ins and outs of the process.

Why Hire an Attorney?

It is possible to go through a divorce without a lawyer but in most cases you will need to hire a family law attorney. Especially when there is kids involved as well as any kind of spousal support, alimony or child support. These things are nearly impossible to handle by yourself and while you might agree on some things there will at some point be some sort of disagreement. Making sure that you have a quality family law attorney will help you to make sure that everything goes as smoothly as possible and many problems are avoided.

Going Through the Process

Going through a divorce will bring up many things in the family law world. You will find yourself discussing child support and how much will be paid and how often. You will also find yourself discussing whether or not any alimony needs to be paid or whether any spousal support will need to be paid. Your family law attorney can help you and your spouse come to an agreement on what should be paid. This helps to dissolve any fights or problems that might happen during the family law process.

Armed with a great family law attorney you will surely get the results that are best for you and your children if you have any. Making sure that you have that attorney will help to save you from heartbreak and problems.

Family Law Getting your Ex-Spouse to Pay Child Support

child supportDivorces are hard and especially hard if there are there are children involved as well as difficult parties. Both sides want what they want and it can be hard to make sure that everything is done correctly. In many cases child support will have to be paid to the primary custody holder of the child. However not everyone feels the need to make sure that they pay their child support for many different reasons. If you find yourself dealing with a difficult ex-spouse make sure that you hire a family law attorney who is well experienced with family law.

How Can a Lawyer Help?

You probably already used a lawyer with your divorce so it is preferable you use the same lawyer. Many people handle child support around the same time but if something does arise about the child support you will need to make sure that you have a family law attorney. If your ex-spouse does not want to pay child support or if modifications to child support needs to be taken care of your attorney can do so. Your attorney can also make sure that the enforcement of child support is done correctly and your child receives the money that they need.

Making Sure Everything is Safe

Often times in family law we see that child support battles can get ugly quickly, according to the family lawyer Toronto. Making sure that you and your child are safe and well protected by legal laws is important. Your family law attorney will help to make sure that you are safe and that everything goes as smoothly as possible. Your lawyer will also make sure that any other things that arise about the case are taken care of as well such as any type of spousal support or alimony.

Hiring an attorney that is well experienced with family law is a great way to make sure that you are well protected and that your child will get child support and that you will get any support that you need. Make sure that you hire a family law attorney today if you find yourself having issues with having your ex pay child support.