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Spousal Support Conditions In Phoenix

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

The document serves as an Affidavit of Defendant related to spousal support conditions in Phoenix. This form is used to contest alimony obligations by providing evidence of the Plaintiff's cohabitation with another individual, which may justify a modification or annulment of the spousal support provisions stated in a Final Judgment of Divorce. Key features of the form include sections for the Defendant's personal details, acknowledgment of past alimony payments, a statement of cohabitation, and the grounds for requesting a change in spousal support. Users must fill out personal information accurately, attach relevant documents, and ensure proper service to all parties involved. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who assist clients in family law matters by offering a structured approach to challenging spousal support obligations. For effective use, it is crucial to follow filing and editing instructions closely, thereby ensuring compliance with legal standards and maximizing the likelihood of a favorable court outcome.
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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

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.

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.

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.

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.

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.

How is the Amount of Alimony Determined? Supporting Spouse's Ability to Pay. The Best Interest of Children. The Lenght of a Marriage. The Ability to Earn. Standard of Living the Spouses Maintained During the Marriage. Educational or Emotional Support.

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Spousal Support Conditions In Phoenix