Legal Question in Family Law in Arizona

My Father has failed to pay my Mother spousal support ($900/mo) for 20 years (marriage was 21 yrs), he has lived quite well in California ($100k/yr), and is looking to move back to AZ soon. Mom never took him to court, because he is slippery as an eel and she never had $$ money to hire attorney.

I have convinced her to go after him, I'm assuming some sort of settlement will be reached on the $200k and 20 yrs may be mitigating.

Would it be better to wait till he buys house in AZ, or just start court proceedings ASAP...this is not a joke and I have info to help Mom's case

Thanks


Asked on 12/24/10, 8:53 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

There is no need to wait. Start the process sooner rather than later, especially considering that the money has been owed for up to 20 years. If the Court orders him to pay arrears, it also will tack on interest and likely penalties. This is true even if the child is now an adult, which I would assume given the number of years we are talking here.

You should be able to file in either jurisdiction if the child is no longer a minor.

Let me know if there is anything else I can do to help.

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Answered on 12/29/10, 9:05 pm
Rich Peters R.J. Peters & Assoc., P.C.

There may be issues collecting due to the delay.

Is it an Arizona order? That may affect my answer as to filing now vs. waiting.

We can certainly help her consider and then pursue her 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 Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. 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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Answered on 1/10/11, 11:22 am


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