Monday, October 28, 2013

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:

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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