Archive for August, 2010

WHAT TO DO IF EX-SPOUSE IS NOT PAYING SPOUSAL SUPPORT (ALIMONY OR SPOUSAL MAINTENANCE)

Thursday, August 26th, 2010

WHAT TO DO IF EX-SPOUSE IS NOT PAYING SPOUSAL SUPPORT (ALIMONY OR SPOUSAL MAINTENANCE)

 

Non payment of spousal maintenance is an issue often litigated in Arizona family law courts. 

 

Spousal maintenance payments more than five years overdue usually cannot be collected, unless that deadline has been extended by papers filed in court within 90 days before the deadline.  A judgment must be obtained prior to the expiration of the five years.  If you have a claim for spousal maintenance for which some of the payments were due several years ago, you may want to speak with an attorney right away before you lose your right to collect this money owed to you.

 

Failure to pay spousal maintenance can result in criminal charges (class 1 misdemeanor) when the person ordered to pay has notice of the order and willfully and without lawful excuse fails to comply with the terms of that order.  See A.R.S. § 25-511.01.

 

A competent family law attorney can assist in collection cases where spousal maintenance, child support, or other money is owed by a former spouse.

 

If you would like a free telephonic consultation regarding money owed to you, or money being collected from  you, or other family law issues, please contact McGuire Gardner at (800) 899-2730 or visit us at yourarizonadivorcelawyer.com .

EAST VALLEY ARIZONA ATTORNEY DISCUSSES COST OF DIVORCE

Thursday, August 26th, 2010

EAST VALLEY ARIZONA  ATTORNEY DISCUSSES COST OF DIVORCE

 Potential clients calling in on a free initial telephone consultation often want to know the cost of a divorce and who will pay for the divorce. 

 Arizona Court Filing Fees:  To file a dissolution of marriage (divorce) case in Arizona, the petitioner must pay the initial filing fee.  This varies from county to county within the state but is often around $300.00.  The Respondent would then pay a similar “Response Fee” in order to file a Response in the case.  Even in uncontested cases, the Respondent must pay the Response Fee, except when the case proceeds by default.

 The Court may order one party to pay for all, or a disproportionate share of all of the costs including filing fees and attorneys fees in certain cases.  The Court must look at the income and financial resources of both parties and the reasonableness of the positions taken in each case to make such a determination. 

 If you would like a free telephonic consultation regarding your family law case, please contact McGuire Gardner at (800) 899-2730 or visit us at yourarizonadivorcelawyer.com .