Legal Question in Family Law in Arizona

Case Law Regarding Spousal support

My spuse is claiming her emotional depression as a reason for not being employed full time. How can I defend myself to keep from paying spousal support based upon her ''depression' as a reason for spousal support?


Asked on 1/25/02, 12:50 pm

1 Answer from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: Case Law Regarding Spousal support

There are a number of things you can do:

(1) Get expert testimony as to her true condition (if she is not in fact depressed);

(2) Get expert testimony as to her employability and earning capability, despite her "condition".

(3) Argue against any of the other factors which support a claim for spousal maintenance (as contained in A.R.S. �25-319).

There may be other ways as well, but I would have to know more facts and circumstances. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 1/25/02, 3:00 pm


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