questions & answers

Question: My 70 year old mother currently lives in Show Low Arizona and is going to be leaving her husband. Can she file the paperwork via the Internet or can she file it in a court in Phoenix? Also, she is on Social Security and gets a small SSI check. Her husband gets a small SSI check. She makes less than $700 a month - do you know if she will have to pay alimony? She thinks when she moves that she may loose her SSI money and that her husbands amount will increase. Can you please comment on this?

Answer: Filing-by-internet is not available for the divorce/separation process. A person who is going to file for divorce does so in the Superior Court of the county in which they reside (if they have lived there for 90 days). Show Low is within Navajo County, and the Superior Court is located in Holbrook (about 50 miles north). With the facts provided, I am unable to tell you if she will have to make support payments. However, SSI payments are exempt by law from garnishment, attachment, or other legal process. Therefore, if SSI payments are her only source of income, it is difficult to imagine how her husband could enforce any alimony order. If your mother has no other source of income, she should consider going to legal services for a more complete evaluation of her situation.