Legal Question in Family Law in Arizona
Hello,
I have been married for 6 and a half years,and I want divorce. We have 4 children-15,10,5 and 2 years old.Two of my oldest children from my previous marriage and my husband adopted them. I moved to USA 6 years ago from Kazakhstan and never worked here because I stay home and take care of the kids and the house. We have a house,two cars,my husband makes about $160.000 a year,but gives me just a $120 a week(gas,clothes, etc.) My 15 year old daughter does not get along with him at all,one time he physically slapped her and CPS service was involved. He adores his two daughters,and I am sure will fight for full custody of them.I feel like I am stuck in this situation,but I want to move on,I hate to be dependent on him. Can I expect alimony and child support from him? I want to go to school ,find a job and be independent.
3 Answers from Attorneys
Sounds like you need to get your divorced filed and ask the court for temporary orders regarding both the kids and financial needs. You will have to gather some funds to get started but you may be able to get a court to order him to provide some attorney's fees.
Let us know if there is something we can to help.
Ronee
You should consider finding an attorney in your county to represent you. You may qualify for Legal Aid assistance, go to http://www.azlawhelp.org/. People do represent themselves all the time. Self Help Center (Maricopa county website, but forms can be used in any Arizona courts) for standard Petition for Dissolustion with children at http://www.supreme.state.az.us/nav2/selfserv.htm. There is a set of forms to request Waiver or Deferral of Filing Fees, which you may qualify for. Also, I would recomend you ask for Temporary Orders: a. exclusive use of the residence b. spousal support c. child support d. attorney fees of $7500 to 10,000 (this would allow you to hire an attorney).
Some might tell you that 6 years is too short for spousal support, but having a young child and clear economic need should support your claim with the Judge. You could start putting a plan together for you to return to school, with costs and length of time to graduate. Judge's like to see someone with a plan.
There are some elements & information that I don't have, but a rough estimate of child support would be $2000/month. This assumes the four children are natural or actually adopted by husband. There are other elements, medical insurance costs, if you are in school or working there will be child care costs, and the number of days of visitation dad has with the kids, that could make the amount of child support go up or down. Consider opening a child support enforcement case with the State of Arizona/DCSE (it's free) at https://www.azdes.gov/dcse who can help you get child support.
I work in Cochise County, so I would not be able to assist you in Maricopa County.
Good Luck,
Jeanne Benda Whitney
Whitney Law Office
P.O. Box 2439
Sierra Vista, AZ 85636
(520) 507-2067
From what you have descibed, you will have a legitimate claim for spousal maintenance.
We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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