Legal Question in Family Law in Arizona

Non-payment of spouse support

My Mother was awarded spousal support & 1/2 of my Father's retirement benefits, she filed a claim and is receiving retirement benefits via a court order, but she never has r'cvd any of her spousal support. The house she lives in and has almost paid off is still listed in both of their names, can she file to retain 100% ownership of this property in lieu of the spousal support due to her? There is also an unpaid Arizona State Tax Lien on the house as well. My parents were married approx 25 years and my mother had nevered worked outside the home. After the divorce she managed to keep the payments up on the house doing housekeeping, babysitting, etc, with no assistance from my Father, is there anything that can be done to help her keep the home she has paid for. We would gladly pay for a consultation or whatever legal costs necessary to settle this matter. Thanks so much....


Asked on 7/14/03, 7:43 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Non-payment of spouse support

Thank you for your inquiry. In order to give accurate guidance, I'll need to see a copy of the divorce decree. Your mother has remedies available to her for the unpaid spousal maintenance, but these remedies may be separate from the issue with the house. Please feel free to contact my office to schedule an initial consultation. I charge $30 for 30 minutes and $60 for 60 minutes, but it is my policy to waive the initial consultation fee if I am retained during the first meeting.

Sincerely,

Monica Donaldson

(480) 792-9770

[email protected]

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Answered on 7/15/03, 12:26 am

Re: Non-payment of spouse support

Without looking at the divorce decree it would be hard to answer your question, but keep in mind the home lien and the spousal payments are two seperate issuses. There are methods, to have mother enforce father to pay, but such methods must be done through the court system. Good luck.

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Answered on 7/15/03, 11:05 am


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