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Spousal Support Form For Parents In Maricopa

State:
Multi-State
County:
Maricopa
Control #:
US-00003BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse

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FAQ

To request temporary spousal maintenance in Arizona, you must file a petition through your local family court and provide sufficient evidence regarding why you require financial assistance. Most temporary spousal support orders are valid until the divorce becomes finalized unless the court decides to extend the order.

First Step: Eligibility for Alimony Judges may award alimony to a spouse who: doesn't have enough property to meet that spouse's needs, even after the couple's property has been divided in the divorce. doesn't have enough earning ability in the labor market to be self-sufficient.

A. What is Arizona's policy about spousal maintenance duration? Under A.R.S. § 25-319(B), as revised effective September 24, 2022, the spousal maintenance award is only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient.

In Arizona, child support and spousal maintenance cases use the Arizona Support Payment Clearinghouse to process and record all payments made in a case. The Support Payment Clearinghouse is run by the Arizona Department of Economic Security, and ensures that all support cases are managed successfully.

Spousal maintenance can be either modifiable or non-modifiable. Generally, when a spousal support order is the byproduct of an agreement between the spouses, after the divorce decree is entered, neither one of the parties or the Court can modify the duration or amount set forth in the support order.

To request temporary spousal maintenance in Arizona, you must file a petition through your local family court and provide sufficient evidence regarding why you require financial assistance. Most temporary spousal support orders are valid until the divorce becomes finalized unless the court decides to extend the order.

Judges are given broad discretion in whether to order Spousal Maintenance. It is not guaranteed. Further, the Arizona Supreme Court is directed to establish guidelines based on different factors that are outlined in A.R.S. § 25-319 that will determine whether a spouse in eligible to receive maintenance.

Factors used in calculating alimony duration in Arizona Marriage lasting 24-60 months — Up to 36 months maintenance. Marriage lasting 60-120 months — Up to 48 months maintenance. Marriage lasting 120-192 months — Up to 60 months maintenance. Marriage lasting more than 192 months — Up to 92 months maintenance.

In Arizona, alimony is considered reasonable if it is less than 50% of the paying spouse's income pre-divorce. Most reasonable spousal maintenance payments fall between 15% and 30% of the paying spouse's pre-divorce income to enable the receiving spouse to meet their own needs.

The Rule of 65 Requirements For the Rule of 65 to apply, all three of the following requirements need to be met: The party seeking maintenance is at least 42 years old. The marriage lasted at least 16 years. Age of the spouse seeking maintenance + length of marriage is equal to or greater than 65.

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Spousal Support Form For Parents In Maricopa