Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I was divorced in AZ and my ex-spouse was awarded child

support and lifetime spousal support...
I was divorced in AZ and my ex-spouse was awarded child support and lifetime spousal support. I am current on all obligations at this time. My remaining minor child becomes emancipated by turning 18 and graduating High School later this year. I own a business that I plan to sell next year. My question is this: what is the best way for me to avoid paying my ex-spouse any more alimony and keep the proceeds of the sale of my business from becoming used as alimony?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
9/8/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,377
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

Does the lifetime spousal support award specify a specific amount? I assume that it was in relation to maintaining a "quality of life" for your ex-spouse?

Ask Your Own Family Law Question
Customer reply replied 3 months ago
it is an amount that is "modifiable" and has intervals or tiers that it is reduced to over time. I am almost at the lowest tier, which is still over $2500/mo.

In what instances is it modifiable?

Ask Your Own Family Law Question
Customer reply replied 3 months ago
In the event of a "significant and on-going change" to my income, which my divorce lawyer told me includes income reported to the IRS on schedules W-2, W-1099, and K-1. My attorney postulated that the absence of income would negate the obligation for support, but I'm not so sure I believe that.

I wouldn't believe it either. Maybe the absence of income AND the absence of any assets. How much are you looking at selling your business for? That is, are we talking >$10m, $1m-10m, or <$1m?

Ask Your Own Family Law Question
Customer reply replied 3 months ago
I am the majority shareholder. My gross proceeds from a sale will likely be between $4-5M

I see. Are you currently married (remarried, of course)?

Ask Your Own Family Law Question
Customer reply replied 3 months ago
Absolutely not remarried. My DV attorney also indicated that any qualified retirement plans, ie:, 401-k, Roth, SIMPLE, etc., and/or Social Security are exempt from being attached for purposes of spousal maintenance. Again, I'm not sure if that's correct.

Thank you. I really hate to do this, but I will have to opt out of this question. The reason is that there are just too many variables. I personally think that you need a good asset protection attorney in your area that can review your judgment, any settlements, etc... so as best to give you a good strategy moving forward.

That being said, you need to contact an attorney in your area that deals with asset protection cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
Ok, thank you.
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,473
Experience: Retired (mostly)
Verified

Hello,

Different contributor here. Please permit me to assist.

If child support is no longer collectible, it becomes extremely difficult to collect spousal maintenance across state lines! The reason is that a contempt motion is effectively unenforceable interstate, due to the fact that the court cannot enforce "interstate rendition" (e.g., extradition) for a contempt citation. Which means that the AZ court couldn't get law enforcement in any other state to forcibly return you to AZ to face contempt charges. And, a contempt order can't be enforced in a different jurisdiction. This leaves only ordinary collection actions, i.e., a money judgment as a means of satisfying a support obligation -- which creates additional problems, because the cost of collection can be quite high, and the difficulty in finding assets equally costly -- especially, if you were to relocate to a different state (or nation) and not inform your ex as to your new residence.

However, if you choose to remain in the same state jurisdiction as your spouse, then you are not going to be able to avoid paying spousal maintenance -- because, if you don't pay, the court will order you incarcerated until you change your mind.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

Ask Your Own Family Law Question
Customer reply replied 3 months ago
I give this answer a rating of 3

Feel free to ask a follow up question if you need additional information -- and I'll be happy to provide further assistance.

Thanks for using Justanswer!

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,473
Experience: Retired (mostly)
Verified
socrateaser and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,473
39,473 Satisfied Customers
Experience: Retired (mostly)

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,867 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,390 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,389 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,779 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I was denied spousal support because I was convicted of
I was denied spousal support because I was convicted of domestic violence. I broke the telephone so she couldn't call the police during an argument we were having. The courts left it open to be determ… read more
Expert
Expert
Managing Partner
Doctoral Degree
7 satisfied customers
I filed a spousal support giving up my rights and now I
I filed a spousal support giving up my rights and now I don't want to give up my rights I wanted to do a cost of living raise. … read more
LegalGems
LegalGems
Juris Doctorate
10,407 satisfied customers
My ex will not pay alimony. He paid until child support was
My ex will not pay alimony. He paid until child support was done and now he owes alimony for one more year, how can I get it? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,754 satisfied customers
I need help with the enforcement of a spousal support
I need help with the enforcement of a spousal support agreement from Virginia. I live in tn the respondent lives in va...what court or state do I use to get this heard? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
Lawyer
39,473 satisfied customers
This is a CA divorce alimony question. In our court order I
Good afternoon,This is a CA divorce alimony question. In our court order I was to pay my Ex $1800 month for the rest of her life or until she got married. She go married June 10th of this year. So my … read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
I have a court ordered temporary spousal maintenance in the
Hi. I have a court ordered temporary spousal maintenance in the amount of $2000/month while we come to an agreement on the terms of our divorce. My husband is behind in payment of over $3000. My quest… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,390 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,417 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,580 satisfied customers
I've been divorced since 1999, but spousal support stopped
I've been divorced since 1999, but spousal support stopped in 2000. Ex-husband worked as pilot for United Airlines. How can I claim this back support? I have not remarried. … read more
LegalGems
LegalGems
Juris Doctorate
10,407 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,389 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
Lucy
Lucy
Juris Doctor
128 satisfied customers
I have a question concerning spousal support in Oklahoma...
I have a question concerning spousal support in Oklahoma... … read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
I received spousal support after my divorce in 2005. I
I received spousal support after my divorce in 2005. I cohabited with a boyfriend for 3 years and my ex sued for termination of support, which was, in fact, terminated. The cohabitation lasted from 20… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,754 satisfied customers
Need advice with child support spousal support separation
Need advice with child support spousal support separation divorce questions … read more
Expert James
Expert James
Doctoral Degree
11,602 satisfied customers
Can I get child support and spousal support from my spouse
Can I get child support and spousal support from my spouse once we divorce because he cheated and made a baby with this other woman and left the home? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
Our divorce spousal support ended April 2017. I thought I
Our divorce spousal support ended April 2017. I thought I had one more year. My son has been mentally challenges for over three years which has lead me to not be able to work. We are changing custody … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,390 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x