Thursday, October 24, 2013

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:

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. 79th Ave, Ste F-168
Glendale, AZ  85308

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