What to do after the Dissolution or Paternity order is entered and the other side refuses to follow the court’s order.

Part Three: Any other order that has not been followed

By: Jessica M. Cotter, Esq.

Enforcement of child any other orders that have not been followed are governed by the Arizona Rules of Family Law Procedure rule 91(H). In order to enforce the order you must do the following:

1.     File an original and 3 copies of  Petition for Enforcement of the order that you want followed, which needs to contain the following information:

a.     Specific detailed facts supporting that the order was not followed

b.     The court still has power to make an order enforcing it.

2.     Prepare an order to appear and make three copies of the order

3.     Take a copy of the filed Petition for Enforcement Petition for enforcement of Child support, Spousal Maintenance and Medical and Dental costs for the child and three copies of the order and deliver them to the current Judge’s office.

4.     Once the Judge signs the order you have to have it served by a Process Server at least 10 business days before the hearing.

There are forms for Maricopa on the Superior court web site, which is as follows: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/

This process is not as simple as it sounds. You should contact an experienced family law attorney in your area to discuss the issue or contact our office.

The Law Firm of Jessica m. Cotter, P.L.L.C.

18301 N. 79^th Ave, Ste F-168

Glendale, AZ  85308

602-843-3004

Jessica.Cotter@azbar.org

What to do after the Dissolution or Paternity order is entered and the other side refuses to follow the Court’s order

Part Two: Child Support, Spousal Maintenance or medical and dental cost for the minor child.

By: Jessica M. Cotter, Esq.

Enforcement of child support or spousal maintenance or medical or dental cost for the child is governed by the Arizona Rules of Family Law Procedure rule 91(c). In order to enforce the order you must do the following:

1.     File an original and 3 copies of  Petition for enforcement of Child support, Spousal Maintenance and Medical and dental costs for the child, which needs to contain the following information:

a.     A calculation of what is owed for child support or spousal maintenance. This can be listed in your decree or you can obtain a copy of this from one the following sources:

                                                                                                 i.      Child support clearing house or

                                                                                               ii.      Department of child support Enforcement.

b.     For medical, dental cost or vision reimbursement your need the following information;

                                                                                                 i.      A detailed summary of the costs

                                                                                               ii.      What portion was paid by insurance

                                                                                            iii.      Who paid the balance or is there a balance still owed

                                                                                            iv.      What portion of the medical bill does the other person owes. 

2.     File a completed financial affidavit with copies of the following documents

a.     The person’s most recently filed tax returns

b.     Your 4 most recent pay check

c.      Your most recent w-2s, 1099 or K-1

d.     Copies of the medical bills with receipts

3.     Prepare an order to appear and make three copies of the order

4.     Take a copy of the filed Petition for Enforcement Petition for enforcement of Child support, Spousal Maintenance and Medical and dental costs for the child and three copies of the order and deliver them to the current Judge’s office.

5.     Once the Judge signs the order you have to have it served by a process server at least 10 business days before the hearing.

There are forms for Maricopa on the Superior court web site, which is as follows: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/

This process is not as simple as it sounds. You should contact an experienced family law attorney in your area to discuss the issue or contact our office.

The Law Firm of Jessica m. Cotter, P.L.L.C.

18301 N. 79^th Ave, Ste F-168

Glendale, AZ  85308

602-843-3004

Jessica.Cotter@azbar.org

What to do after the Dissolution or Paternity order is entered and the other side refuses to follow the court’s order.

Part one: Legal Decision Making (Custody) or Parenting time.

By: Jessica M. Cotter, Esq.

Enforcement of Legal decision making (Custody) or Parenting time is governed by the Arizona Rules of Family Law Procedure rule 91(G). In order to enforce the order you must do the following:

1.     File an original and 3 copies of  Petition for Enforcement of Legal Decision making (custody) or Parenting time, which needs to contain the following information:

a.     Detailed Facts of the violation of the order or enforcement 

b.     What do you want the court to do about it?

2.     Prepare an order to appear and make three copies of the order

3.     Take a copy of the filed Petition for Enforcement of Legal Decision Making and three copies of the order and deliver them to the current judge’s office.

4.     Once the Judges signs the order you have to have it served by a process server at least 10 business days before the hearing.

There are forms for Maricopa on the Superior court web site, which is as follows: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/

This process is not as simple as it sounds. You should contact an experienced family law attorney in your area to discuss the issue or contact our office.

The Law Firm of Jessica m. Cotter, P.L.L.C.

18301 N. 79^th Ave, Ste F-168

Glendale, AZ  85308

602-843-3004

Jessica.Cotter@azbar.org

Grounds for Dissolution in Arizona

By Harry J. Lenaburg, Esq.

I have been an attorney practicing family law in Maricopa County, Arizona for 30 years; I meet on a regular basis with a spouse who is seeking information about the filing of a dissolution action.  There are many reasons a person may decide to at least meet with an attorney to discuss the various factors and procedures involved with a divorce.  Often financial issues and the stress those issues cause will lead to the estrangement of the couple.

However, it is often the case that infidelity occurs, and results in a breach of the trust that is essential to a rock solid marriage.  When I meet with clients who have endured the pain of such a breach I must explain to them that realistically speaking for purposes of the pleadings filed in a dissolution matter, this breach of trust is not a ground to state in the petition as a basis for the petition.

In Arizona, as in most states, the grounds for seeking the dissolution of marriage are that the marriage is irretrievably broken, with no prospect of reconciliation.  Unlike the past, when physical or emotional abuse, or infidelity, had to be demonstrated by evidence in court for the court to consider whether or not to enter a decree, irretrievable breakdown allows the entry of the decree.

That is not to say that physical or emotional abuse will not be a factor in the evidence presented to the court for purposes of other issues, such as legal decision making (custody), parenting time, or spousal maintenance (alimony).  As stated, the court can enter a decree based upon the testimony of one of the parties that the marriage is irretrievably broken, with no prospect of reconciliation.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th Avenue, Suite F-168
Glendale, Arizona 85308
602-843-3004
Jmcotterlaw.com
Jessica.Cotter@azbar.org