Burl Swain seeks special action relief from a family court order entered August 6, 2013, regarding the inclusion of his Title 38 Veterans Administration disability benefits in the calculation and award of spousal maintenance to be awarded to Diane Swain (Wife).
Burl and Diane Swain received their dissolution decree including the awarding of Diane with spousal maintenance from Burl in the amount of $1,500 per month for an unspecified amount of time. In November of 2012, Burl filed for a modification of spousal maintenance citing his deteriorating health and unemployment as “substantial and continuing change in circumstances.
Military Disability Payments and Alimony in Arizona
According to Arizona Statute, disability benefits awarded to veterans for service-connected disabilities (Title 38) are protected from consideration in the distribution of property in divorce proceedings or in consideration of spousal maintenance awards in divorce proceedings. Under the plain language of the law, the trial court should not have considered Burl’s Title 38 benefits in the calculations for spousal maintenance.
Diane argues that the inclusion of Burl’s Title 38 benefits in the calculations for spousal maintenance does not necessarily mean that the Title 38 benefits were actually included in the spousal maintenance award. After review of the record and consideration of the potential income from which Burl could potentially provide spousal maintenance, the Arizona Court of Appeals determined the family court did include Burl’s Title 38 benefits in consideration of the spousal maintenance award in this case in contradiction to the mandatory language of Arizona Revised Statute 25-530 which prohibits the consideration of the portion of the spouse’s income derived from Title 38 benefits when awarding spousal maintenance.
The Arizona Court of Appeals found the family court should not have considered the Title 38 service-related disability benefits received by Burl as part of his incoming pertaining to the calculations or award of spousal maintenance. As a result, The Arizona Court of Appeals vacated the minute entry order that dated August 6, 2013, and remanded the case back to the family court for additional proceedings consistent with the Arizona Court of Appeals’ decision.
If you need information about military disability and alimony in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona alimony attorneys have over 100 years of combined experience successfully representing clients in alimony cases in Arizona.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona alimony case around today.
Other Articles About Spousal Maintenance in Arizona
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- EFFECT OF CDRP PAY ON ALIMONY IN ARIZONA
- VA DISABILITY BENEFITS AND ALIMONY IN ARIZONA
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- WHEN DOES SPOUSAL MAINTENANCE TERMINATE ON REMARRIAGE IN ARIZONA
- DEFENSES TO NON-MODIFIABLE SPOUSAL MAINTENANCE IN ARIZONA
- CATEGORIES OF ALIMONY IN ARIZONA
- NOT SUPPORTING YOURSELF WILL NOT EXTEND ALIMONY IN ARIZONA
- EFFECT OF SHARING LIVING EXPENSES ON ALIMONY IN ARIZONA
- ALIMONY IN ARIZONA FREQUENTLY ASKED QUESTIONS
- ARE THE COSTS OF HEALTH INSURANCE CONSIDERED FOR ALIMONY IN ARIZONA
- ARIZONA SPOUSAL MAINTENANCE GUIDELINES
- CAN YOU MODIFY OR TERMINATE ALIMONY EARLY IN ARIZONA
- CONTINUING SPOUSAL MAINTENANCE AFTER DEATH OF A FORMER SPOUSE IN ARIZONA
- DENIAL OF SPOUSAL SUPPORT AS A SANCTION IN AN ARIZONA DIVORCE
- EMPLOYMENT HISTORY AND ALIMONY IN ARIZONA
- HOW DO THE ARIZONA SPOUSAL MAINTENANCE GUIDELINES WORK
- HOW LONG DO YOU HAVE TO BE MARRIED TO GET ALIMONY IN ARIZONA
- IS ALIMONY IN ARIZONA TAXABLE INCOME
- LIVING TOGETHER AND SPOUSAL MAINTENANCE IN ARIZONA
- MODIFYING NON-MODIFIABLE ALIMONY IN ARIZONA
- NON-MODIFIABLE SPOUSAL SUPPORT IN ARIZONA
- PROBLEMS WITH ARIZONA ALIMONY CALCULATORS
- STANDARD OF LIVING AND ALIMONY IN ARIZONA
- STOP SPOUSAL MAINTENANCE PAYMENTS IN ARIZONA
- TERMINATE ALIMONY UPON REMARRIAGE IN ARIZONA
- VETERANS DISABILITY AND ALIMONY IN ARIZONA
- WHAT EFFECT DO CHILDREN’S COLLEGE COSTS HAVE ON ALIMONY ARIZONA
- DOCTORS FACING SPOUSAL MAINTENANCE ISSUES IN ARIZONA
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.