Addressing Difficult Support Issues During Divorce Proceedings
The financial impact of a divorce can be among the most complex and hotly contested of issues both during and after the dissolution of a marriage. Whether you are embroiled in a child support dispute, or find yourself facing spousal support issues, you may be well served to consult an experienced lawyer who can help you find the resolutions you need without adding more financial strain to your already challenging situation.
At the office of Gary J. Frank, P.C., our attorney offers skillful representation in the areas of child support and spousal maintenance (alimony). With nearly 30 years of legal experience, we are able to address your needs in whatever manner you feel is appropriate, whether that be assertive court room litigation or cooperative mediation. At the law office of Gary J. Frank, P.C., we understand that support issues can be frustrating and emotional. With that in mind, we work to offer the support you need to find the resolutions you desire as smoothly and swiftly as possible.
To discuss your specific child support or spousal support needs, contact our office online or call 602-383-3610 today.
Child Support
Child support is a highly statutory issue; one that takes into account the needs of the child in the context of the family's lifestyle during the marriage. In Arizona, child support guidelines take several issues into account in determining the child support amount, including the gross income of both parties and expenses such as health care, day care and education; and also the time each parent spends with the child pursuant to the parenting plan. Using these factors, a figure is generated offering the courts a suggested amount for support. The final support amount can be increased or decreased by the Court if there is proof that good cause exists for a deviation.
On paper child support can seem simple, but there are important variables in the statute that make a big difference in the amount of child support which will ultimately be awarded. Having a strong and experienced attorney who understands how to apply the statute can effectively help you find the support resolutions you need, allowing you to more effectively address your children's best interests.
Spousal support
Spousal Maintenance (alimony) is one of the most complex areas in all of family law. Unlike child support, in which there is a set of guidelines that all of the judges use, there is no widely-accepted guideline for spousal support. Instead, the court looks at each claim on a case-by-case basis, using the factors listed in the statute as a tool to help determine a proper spousal support amount. Arizona Revised Statute §25-319 lists a number of factors for the court to consider.
- Section "A" of the statute: this section lists factors to help the court determine whether the party requesting support is eligible to receive spousal maintenance; and
- Section "B" of the statute: if the party is deemed eligible for spousal support under Section "A," then the Court goes on to look at Section "B," which lists factors to help the judge determine (1) the amount of support to be awarded, and (2) how long that support will last.
The factors listed in Section B of A.R.S. §25-319 are many and varied. They include (1) the standard of living established during the marriage; (2) the duration of the marriage; (3) the age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance; (4) the ability of the spouse from whom maintenance is sought to meet his/her own needs while meeting those of the spouse seeking maintenance; (5) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market; (6) the contribution of the spouse seeking maintenance to the earning ability of the other spouse; (7) the extent to which the spouse seeking maintenance has reduced his/her own income or career opportunities for the benefit of the other spouse; (8) the ability of both parties after the divorce to contribute to the future educational costs of their mutual children; (9) the financial resources of the party seeking maintenance, including the marital property apportioned to him/her, and that spouse's ability to meet his/her own needs independently; (10) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available; (11) excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy, and other property held in common; (12) the cost for the spouse who is seeking maintenance to obtain health insurance; and the reduction in the cost of health insurance for the spouse from whom maintenance is sought; (13) all actual damages and judgments from contracts that results in criminal conviction or either spouse in which the other spouse or a child was a victim; and (14) all other factors that the Court may deem relevant.
Spousal support is the grayest and one of the most complex areas of family law, and each situation can have different results depending on the evidence presented, the skill of the attorney, and the viewpoint of each individual judge regarding the purpose of spousal maintenance. At the law office of Gary J. Frank, P.C., we believe it is important to present a thorough and well-prepared case, demonstrating our clients' needs and ability to survive economically after a divorce. We are strong and experienced advocates. Most importantly: we care, and we're committed to protecting your future.
Contact our office to discuss your child support or spousal support needs today.
