Is my wife's request for support reasonable after our divorce?

Full question:

My kids are 8 and 15, wife is 44, she had a real estate license, worked in a doctors office and is attempting to run her own tanning business out of her home. We were married 16 years. I gross $275 k year. I have offered her $5000/month inclusive of child support and also pay the mortgage for 5 years ($3,700/month) her car payment and insurance for another 10 months. She wants me to pay the above amounts for 8 years and not work. Is this a reasonable request or should I contest? Thank you.

  • Category: Divorce
  • Date:
  • State: Arizona

Answer:

The amount for maintenance and child support is determined by various factors, including state guidelines. It's essential to consult a local attorney for legal advice tailored to your situation.

In general, courts can order either or both parents to pay reasonable support for their minor children, considering their financial means. Factors that influence child support include the income of both parents, the number of children, the custodial parent's expenses, and any special needs of the children.

In Arizona, there are established child support guidelines that set a presumptive amount owed. Deviations from these guidelines require a written court finding that following them would be inappropriate or unjust. Factors for deviation include the financial resources and needs of both parents and the children, the standard of living the children would have enjoyed if the marriage had not ended, and the physical and emotional condition of the children.

Regarding maintenance, the court may grant support if the requesting spouse lacks sufficient property to meet their reasonable needs or cannot become self-sufficient through employment. The court considers the marriage's duration, the age and employment history of the spouse seeking maintenance, and the financial resources of both parties.

In your case, you are offering $5,000 per month plus additional payments, which may be reasonable depending on your wife's financial situation and ability to work. However, her request for support for eight years without working may be contested, especially if she has potential income from her tanning business or other sources.

Consulting with an attorney who understands Arizona law will help you navigate this situation effectively.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A married couple filing jointly can exclude up to $500,000 of capital gains from the sale of their principal residence, provided they meet certain conditions. They must have owned and used the home as their primary residence for at least two of the last five years before the sale. This exclusion can be claimed only once every two years. It's important to keep records of the purchase price and any improvements made to the home to accurately calculate gains. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*