Other Family Issues

questions & answers

Question: My ex husband has stopped paying me spousal maintenance. He quit m his job and is now saying he has applied for disability. He lives out of state. What can I do.?

Answer: Assuming the spousal maintenance was ordered in Arizona, modifications of spousal support may only be modified by a tribunal of this state, ARS 25-1231. Throughout the existence of your spousal support, the state of Arizona maintains the exclusive jurisdiction to modify the spousal support order, meaning your ex-husbands now current state will not have any influence over this matter, meaning he would still owe you the spousal support even though he is over state lines. Spousal support is granted to ensure one spouse does not suffer from a lower standard of living compared to the other, however if he is now claiming disability, the court must decide whether or not that effects how much he owes you. Sometimes with disabilities, come disability checks, meaning he may still be able to get paid. For specific advice on your case, I would suggest contacting a family law attorney.