In recent years the court has made several strides to simplify and improve the divorce process with some measure of success. Regardless, when a child support and/or spousal maintenance order is decided by the court there usually is one, and sometimes two, unhappy parties. That is to be expected because the parties had their chance to agree to the terms of their own divorce and decided not to do it.
As with many other areas of life, this occurs when people stop trying to reach an agreement, not because reaching an agreement is impossible. The most successful way to ensure that both parties can “live with” the terms of their divorce, they can’t just give up and stop. Sometimes taking a break is useful.
Regardless of what is necessary, on such delicate issues, both parties need to “remain in the game” to finalize their divorce with terms that are acceptable to both parties. That provides the highest likelihood that the orders will be complied with. That is far and away the best way to begin one’s single life.
Below are the Child Support Worksheet Instructions. This will give you a general concept of how the amount of the child support obligation is reached. This information does not determine the final child support amount, but provides understanding as to how the child support amount is reached. The parties in a mediation may consider this information to whatever degree the parties agree upon.
Below is the link to the Arizona Child Support Calculator from the Superior Court of Maricopa County, Arizona. Fill in all the required information and the calculator will determine the child support according to the guidelines. However, at times there is dispute over some of the numbers to fill in the calculator. Any disputes can be discussed and “ironed out” by the parties in mediation. Any agreement by the parties is, of course, voluntary.
Additionally, there is an option of a deviation in the child support amount if it is Arizona Child Support Calculator determined by the court and makes a “finding” that applying the guidelines would be inappropriate or unjust in a particular case. The court makes that decision based on the evidence presented.
In mediation any deviation may be agreed to as long as both parties agree. The court must later affirm the parties’ decision by making the same “finding” that “applying the guidelines would be inappropriate or unjust.” Only in an extraordinary case would the court refuse to make such a finding after agreement was reached by the parties.
For parents who are having issues with devising a parenting time schedule during and after the divorce, the link below is to a very useful resource, Planning For Parenting Time, Arizona’s Guide for Parents Living Apart. This was promulgated by a select committee under the direction of the Arizona Supreme Court to compile a comprehensive study to provide parents with information on the advantages and disadvantages of various parenting time schedules, taking into account the children’s ages also. Though prepared and published in Arizona, the parenting time information is useful virtually anywhere.
Mr. Larson was one of only two Family Law attorneys on the committee comprised of 19 members made up of Family Law judges and commissioners, selected psychologists who specialize in child custody disputes, ADR specialists, and Conciliation Court personnel.
It has been well received since its inception as it is written in an easy reading form for everyone, and the information is timeless.
Spousal Maintenance, also known as alimony, can feel like a complex and emotional topic in any divorce. In Arizona, understanding how it’s calculated is helpful for couples looking to mediate their divorce effectively. The state goal to ensure that spousal maintenance is fair, helping both parties transition into their post-divorce lives without unnecessary financial stress.
Though the Spousal Maintenance Guidelines are helpful, often there is still dispute as to what the final amount should be, if any. The parties have the control over this issue in mediation. However, if no agreement is reached, that control is turned over to the judge to decide. Whether or not considered “fair” by either or both parties, the must then abide by the court order.
In Arizona, spousal maintenance is designed to provide financial assistance to a spouse who may be at an economic disadvantage after divorce. It’s not automatic in every case but is awarded when one spouse demonstrates a need for support, and the other has the ability to pay. The primary goal is to help the lower-earning or non-earning spouse become self-sufficient over time.
Arizona’s spousal maintenance guidelines have undergone a significant update with the introduction of a Spousal Maintenance Calculator. This tool aims to make calculating spousal support more streamlined and transparent, balancing the needs of both spouses during a divorce. Here’s a breakdown of how this calculator works:
The calculator is available online through the Arizona Supreme Court’s website. You can access it here.
To calculate the spousal maintenance AMOUNT range, you’ll need to input the following data:
Here is the link to Spousal Maintenance Calculator: superiorcourt.maricopa.gov
Spousal support is not meant to punish or reward either party. It’s a tool to balance financial disparities, not a moral judgment on the marriage or its breakdown. Many people also mistakenly believe that spousal support is permanent. In Arizona, it’s often temporary and aimed at helping the receiving spouse achieve financial independence within a reasonable timeframe. Also, the Calculator does not always work for a couple’s unique situation, so if a couple agrees, they do not have to follow the Calculator’s amount or duration, but can reach an agreement that better meets their goals.
Determining spousal maintenance through mediation offers a more tailored and amicable solution compared to court battles. Instead of leaving the decision to a judge, couples can work collaboratively to find an arrangement that works for both sides. This approach:
Spousal maintenance can be a sensitive topic, but it doesn’t have to lead to conflict. By choosing divorce mediation, couples can navigate these financial discussions with mutual respect and a shared goal of fairness. At the heart of this process is the belief that both parties can move forward in a financially stable and empowered way.
If you’re ready to explore how mediation can help you resolve spousal support and other divorce-related issues, let’s talk. Together, we can create a path that works for both of you, minimizing stress and maximizing your ability to move forward peacefully.
