Spousal Support With Social Security In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

The Affidavit of Defendant is a legal form used in Phoenix for cases involving spousal support and social security. It allows the Defendant to formally state their inability to meet the financial obligations set forth in a divorce decree due to diminished income. This form includes sections for personal details, a summary of previous alimony payments, and a declaration of the reasons for financial hardship. Legal professionals, such as attorneys and paralegals, will find it important for filing responses in court to modify support agreements. Clear instructions ensure that users complete the form accurately, including necessary information such as previous payments and the specific changes in financial circumstances. The document facilitates communication between parties, ensuring that all required parties are properly notified via the certificate of service. This form is especially useful for individuals facing unexpected economic challenges who need to adjust their spousal support obligations. Furthermore, it is a critical tool for legal assistants to ensure compliance with court requirements in divorce cases involving alimony and social security considerations.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

Much like Arizona Child Support Guidelines, the Arizona Spousal Maintenance Guidelines adopted a spousal maintenance calculator that is consistent with the current law which states that spousal maintenance should be “only for a period of time and in an amount necessary to enable the receiving spouse to become self- ...

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.

The spousal maintenance statute in Arizona was amended, and as a result, the Supreme Court developed the new guidelines. The main change is that spousal maintenance awards should only be granted for a period of time and in an amount necessary for the receiving spouse to become self-sufficient.

Generally, most spousal maintenance orders in Arizona last between 30% to 50% of the marriage duration. For example, a 10-year marriage might result in 3 to 5 years of spousal maintenance.

Under A.R.S. § 25-319(A), a Judge will analyze whether the spouse: Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs. Lacks earning ability in the labor market that is adequate to be self-sufficient.

Reasonable Spousal 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.

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.

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.

If you qualify for alimony, the amount awarded will depend on several factors, including: The same factors used to decide if you qualify. Your marital standard of living. You and your spouse's age, health, earning capacity and relative financial resources.

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.

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Spousal Support With Social Security In Phoenix