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Failure to Increase Income Does Not Provide a Basis to Extend Alimony in Arizona

Posted on : December 6, 2016
Failure to Increase Income Does Not Provide a Basis to Extend Alimony in Arizona
Failure to Increase Income Does Not Provide a Basis to Extend Alimony in Arizona In Arizona, the family court’s denial of a petition to modify spousal maintenance can be appealed. On appeal, the Arizona Court of Appeals typically does not consider new evidence but will reconsider the facts of the case in search of an […]

Res Judicata, Laches and Statute of Limitations as Defenses to Family Support

Posted on : December 3, 2016
Res Judicata Laches and Statute of Limitations as Defenses to Family Support
Res Judicata, Laches and Statute of Limitations as Defenses to Family Support When a person goes to court to resolve a legal issue, he or she cannot go to court again to resolve the same issue. The doctrine of res judicata precludes litigating issues already resolved between the parties in a prior court case. Sometimes […]

An Agreement to Pay Alimony May Affect a Future Modification of Alimony in Arizona

Posted on : December 3, 2016
An Agreement to Pay Alimony May Affect a Future Modification of Alimony
An Agreement to Pay Alimony May Affect a Future Modification of Alimony in Arizona In Arizona, a spousal maintenance award in a divorce decree can only be modified if the parties’ financial circumstances have changed. But, changes the parties already considered when they entered into a divorce settlement cannot justify a modification of that spousal maintenance […]

Effect of Sharing Living Expenses on Alimony in Arizona

Posted on : October 10, 2016
Living Together and Spousal Maintenance
Effect of Sharing Living Expenses on Alimony in Arizona The Arizona Court of Appeals issued a decision regarding living together and spousal maintenance in Van Dyke v. Steinle regarding whether a former spouse’s cohabitation with another person provides a basis to modify or terminate an Arizona spousal maintenance award. The facts of the case were […]

Are Prenuptial Agreements Regarding Alimony Enforceable in Arizona

Posted on : August 9, 2016
Are Prenuptial Agreements Regarding Alimony Enforceable in Arizona
Are Prenuptial Agreements Regarding Alimony Enforceable in Arizona In Arizona, it had long been the rule that agreements made before marriage affecting spousal maintenance are against public policy. However, over time, women gained more rights and the legislature changed spousal maintenance laws in Arizona. The courts began to take a different view of these prenuptial […]