Alimony With Child Support In Maricopa
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FAQ
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.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
On the lower end, a spouse may receive $1,200 (15% of $8,000). On the higher end, a spouse may receive $2,000 (25% percent of $8,000). That means that the spouse would likely receive somewhere between $1,200 and $2,000 per month.
The court can award an alimony amount within the target range or can deviate from it based on certain specified factors, including the recipient spouse's age and ability to be employed. Duration of alimony is now set based on the length of the marriage.
For the Rule of 65 to apply, three things must be true: (1) the party seeking the award is at least 42 years old, (2) the marriage length, as defined above, is at least 16 years (193 or more months), and (3) the age of the spouse seeking spousal maintenance plus the marriage length is equal to or greater than 65.
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.
Typically, a wife is entitled to half of the community property, potential spousal support, and any personal assets obtained before marriage or received as gifts.
