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Alimony in Phoenix

During the divorce process, the court may award alimony, also known as spousal support, to the spouse who earns less money or has less earning potential following the divorce. Courts have broad discretion in awarding alimony, but it may be awarded based on a settlement agreement between the couple requiring alimony payments. Alimony is usually paid monthly and is used to limit any unfair economic effects of a divorce by providing income to continue the non-or-lower-wage-earning spouse’s standard of living.

There are several different factors taken into consideration in determining the amount and length of time of alimony paid, such as the characteristics of the spouse, the couple’s standard of living during the marriage, the length of marriage, and the ability of the wealthier spouse to support the recipient. Because of the complexity of the alimony calculation, it is recommended that individuals going through the divorce process get assistance from a Phoenix Family Law attorney.


Recently in Alimony Category

Kim Kardashian Divorce 101: AZ Annulments, Alimony and Prenups

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The much-hyped fairy tale romance involving Kim Kardashian and NBA player Kris Humphries is reportedly coming to an end just 72 days after it became legally official, reports CBS Los Angeles. Along with the gossip surrounding the reasons for the dissolution, Kim Kardashian's divorce provides a veritable treasure trove of considerations Arizona couples should take into account when deciding on marriage and divorce.

First, news reports have stated that neither Kardashian or Humphries will be seeking an annulment although they have only been married for less than three months. Under Arizona law, a couple can file for an annulment if the marriage is considered invalid for such enumerated reasons as misrepresentation, concealment of disease, or inability to consummate the marriage. In an annulment, a marriage is treated as if it never existed.

Man Allegedly Robs Gilbert Bank to Make Alimony Payments

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A man allegedly told police that he robbed a Gilbert bank in order to afford his monthly alimony payments to his ex-wife, reports The Arizona Republic.

Donald Bruce McKay was arrested last Tuesday morning minutes after reportedly holding up US Bank employees at gunpoint for $2,312. According to a police report, McKay allegedly committed the robbery to "pay his bills and spousal support," The Republic reported.

As of August 31, McKay reportedly owed his ex-wife, Mary McKay, $2,600 in alimony payments, according to The Republic. A Maricopa County Superior Court judge had ordered Donald to pay $650 a month in alimony payments for four years. Because he was unemployed, he turned to a life of crime in order to meet the judge's orders, according to police.

Modifying Alimony Payments in Maricopa County

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Spousal maintenance payments, otherwise known as alimony, can be modified in court in a similar way to how child support payments are modified. The Maricopa County Superior Court Self-Service Center website provides instructions for how a person can petition to change a spousal maintenance order.

A petition to modify spousal maintenance in Maricopa County usually requires a filing fee and sometimes an appearance fee, so it's important to speak with an attorney before seeking alimony modification. A family law attorney can assess your case and determine if you have a strong case for a change in the amount of spousal support that you're paying or receiving.

Paying Alimony in Arizona

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Through a divorce decree, one spouse might be required to pay spousal maintenance to the other so that there can be a safety net for the ex-spouse that cannot provide for his or own financial needs. Spousal maintenance, more commonly known as alimony, is paid separately from child support but is paid in a similar manner.

According to the Maricopa County Superior Court Self Service Center, spousal maintenance payments can be ordered through a wage assignment from the paying spouse's paycheck. This process happens when the court orders the employer of the spouse to deduct the amount of money in court ordered alimony from a paycheck. The employer is then supposed to send this money to the Clerk of the Superior Court. The Clerk of the Court will then record the payment and send the money directly to the former spouse that is entitled to the payment. Self-employed or unemployed people that are ordered to pay spousal maintenance can make payments directly to the Clerk of the Court.

Wife Beaten To Death: Was The Husband Angry Over Alimony?

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Deputies say that Carol Kennedy was beaten to death in her Prescott home in July 2008 and that her husband, Steven Democker, is suspected of being the killer. However, the Arizona Republic reports that Steven Democker and his attorneys have denied the allegations and say that the murder case is based almost entirely on circumstantial evidence.

It turns out that prosecutors are arguing that a battle over alimony is the motive behind the entire case. The prosecution says that Steven Democker was in a "full-blown battle over money" with the ex-wife and that he was upset over making the $6,000 payments to Carol Kennedy, which was the amount established in a court order during the divorce process. The beneficiary of Carol Kennedy's life insurance policies was also valued at $750,000.

Arizona Residents Should Learn From the McCourt Divorce

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The purpose of alimony is to provide income to a non-wage-earning or lower-wage-earning spouse in a divorce. Yet many Phoenix family lawyers may question if the estranged wife of Los Angeles Dodgers owner Frank McCourt is really in need of spousal support.

A Los Angeles judge said in a 55-page ruling last Friday that the man must pay his wife Jamie McCourt $225,000 a month in alimony and another $412,159 a month in costs that are associated with the seven residential properties in her name. That's a total of $637,159 in monthly support!

Why must Frank McCourt pay so much money? The Los Angeles Times reports that because Jamie McCourt had such an extravagant lifestyle during her marriage to the Dodgers owner, she was entitled to a great sum of money. FindLaw states that the couple's standard of living during the marriage is a key factor in determining the amount of alimony that is rewarded.

Arizonians For Alimony Reform

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Spousal maintenance, otherwise known as alimony, has become somewhat of a controversial issue in recent decades. This is because many Phoenix family lawyers see the state's spousal maintenance laws as too vague and is left to too much interpretation for judges to make a critical decision.

Some people argue that alimony does not motivate the spousal maintenance receiver to work or be come self sufficient. And unlike child support, there's not always a defined duration on how long one spouse receives alimony, where the duration is often determined by a judge. It brings up the question: Is alimony simply outdated? Should there be alimony reform?

In the state of Arizona, there's one group determined to break free from alimony. The group calls themselves the Alliance for Freedom From Alimony and consists of both men and woman who are working to change the state's spousal maintenance laws. In order for these laws to change, Alliance for Freedom From Alimony is writing and e-mailing state legislators and members of Congress.