Asked in Child Custody, Child Support, Divorce and Family Law for Arizona

Q: How do I secure spousal support in my divorce?

We have been married for 10+ years. I experienced a significant amount of domestic abuse in the marriage and left the home 18 months ago. I left our 10 year old with his father as my husband ruined my credit and finances. My husband now makes twice as much as I do. He makes so much now that he has just purchased a new 2023 Camero, while I struggle financially. I don't even make enough money to get a two bedroom apartment for my son and I, so I have to get a one bedroom. One week ago, the judge ordered me to pay $432 per month in child support because my son has a bedroom at his dads home. I have no way to pay the extra $432 per month because I don't make enough to pay my current bills. Is it possible to obtain spousal support to allow me to obtain a two bedroom as my husband now has after our separation? I have already requested spousal in the divorce paperwork and await the hearing on the domestic violence and other debt my husband left me. I am unable to hire an attorney.

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: You can file a motion for temporary spousal maintenance and ask to receive spousal maintenance while the case is pending. You can also for temporary custody (or, more specifically, temporary legal decision-making and parenting time) and an interim award of attorney's fees.

Domestic violence is relevant only to the custodial issues of legal decision-making and parenting time. The Court, by law, cannot factor it into the division of property or spousal maintenance. For custody, if you're using the domestic violence to seek full custody (i.e., sole legal decision-making and to be primary residential parent), you should consult with an attorney right away to discuss how to handle the fact you left your son in your husband's care.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.