Legal Question in Family Law in Arizona
My wife and I separated about 6 months ago. My wife lives in the house we both own and I moved into an apartment I rented. I have a 13yr old daughter who lives with me and an 18yr old son who my wife just kicked out of the house and lives with me. I have a protective order against my wife who has now violated it twice and will be going to court for it next week. I left her because she is a drug addict and she has admittadly used since I have left.
We have not had any formal divorce hearing yet but I have been giving her about $400-$500 every two weeks for spending money. She pays no bills I pay them all. She does not work.
My question is now that both children are living with me and she continues harassing me am I obligated to continue giving her any spending money each pay period?
2 Answers from Attorneys
Since there is not a court order requiring you to pay your wife, you are not obligated to do so. However, you and your wife still have obligations to your creditors. It would be more sound if you paid the creditors directly and demand that your wife seek employment. If you have not initiated the divorce proceedings, you should do so since the community continues thus exposing you to liability for more debt.
The two aspects of "support" are child support and spousal maintenance. You do not have a child support obligation. I would not know if you have a spousal maintenance obligation without knowing more.
We can certainly help you consider and then pursue your options for dissolution. This is obviously a very important matter, and you should not go in alone.
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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