What to do if you are not allowed to you see your children

By Jessica M. Cotter, Esq.

In Arizona, particularly in the Phoenix area, if the other parent will not allow you to see your children, you can file a motion for temporary orders for parenting time (visitation) and Legal Decision Making (custody).  If done properly then the court should hold a hearing and enter temporary orders so you can have access to your children. To get the court to schedule the temporary orders hearing you need take the following steps:

1.     File a motion for temporary orders, either through your attorney, or using the forms and instructions provided by the court’s self service center. The motion must be signed before a notary, explain why you need the temporary orders, and specify to the court what orders about parenting time you want entered.

2.     After you file the motion you must take a copy of the filed motion and several copies of an order to appear and place it in the judge’s box. Then you wait until they call you to inform you that the order to appear is ready to be picked up.

3.     After you pick up the order from the judges out box then you take a copy of the motion and the order to appear and arrange to have it served by a process server by the date the order states. I recommend you do it as soon as possible.

As you can see this is a complicated process. You can get the forms for this on the Maricopa County Superior court web site. I recommend that you contact us or another experienced family law attorney in your area, for a consultation to discuss your issues.

See our website at www.jessicacotterlaw.com for further information or to request an appointment.

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

18301 North 79^th Avenue

Suite F-186

Glendale, Arizona 85308

Jessica.Cotter@azbar.org

602-843-3004

We have been serving the Phoenix area since 2007.

The primary focus of the firm is family law, which includes the following: Divorce, child custody, parenting time, child support, spousal maintenance, paternity, visitation, division of assets and debts, and enforcement of child support, custody and parenting time orders. We also assist people with adoptions, wills and trusts, probate, and powers of attorney.

Source: A.R.S. 25-404 and 25-411

What is required in a Parenting plan (visitation) once Legal decision (Custody) making has been determined by the court or agreed to by the parties in the Phoenix, Arizona area.

By Jessica M. Cotter, Esq.

In Arizona, particularly in Maricopa County, the Family Court requires the following to be contained in the parenting plan:

1.     Is there joint legal decision (custody) making or sole legal decision making.

2.     Each parent's rights and responsibly for the care of a child and decisions in the areas of the following: 

             a. Education

             b. Health care 

             c. Religious training

3.    A schedule for parenting time that is practical and that includes holidays and school vacations.

4.    A place and time where drop offs and pick ups of the child(ren) take place and who is responsible  for the driving.

5.    How changes can be made to the plan or what happens if someone does not follow the plan.

6.    How often the plan is to be reviewed.

7.    How the parties are to talk to each other about the child(ren) and how often.

8.    To assure that the parenting time includes protection for the child if there has been domestic  violence.                                                                                                                                               

See our website at www.jessicacotterlaw.com for further information or to request an appointment.

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

18301 North 79^th avenue

Suite F-186

Glendale, Arizona 85308

On Twitter  @jmcotterlaw

Jessica.Cotter@azbar.org

602-843-3004

We have been serving the Phoenix area since 2007.

The primary focus of the firm is family law, which includes the following: Divorce, child custody, parenting time, child support, spousal maintenance, paternity, visitation, division of assets and debts, and enforcement of child support, custody and parenting time orders. We also assist people with adoptions, wills and trusts, probate, and powers of attorney.

Source: A.R.S. 25-403.02

Factors in Legal Decision Making and Parenting time in Arizona

By Jessica M. Cotter, Esq.

In Arizona, particularly in the Phoenix Metropolitan area, the Family Court looks at several factors when determining Sole or Joint Legal Decision Making (Custody) and Parenting time.  

Those factors are as follows:

1. The past, present, and potential future relationships between parent and child;

2. If there is no agreement, why. Is it reasonable or is it influenced by another issue that does not involve the best interest if the child(ren);

3. The past present and future abilities of the parents to cooperate in making decisions regarding the child(ren);

4. Is it logistically possible?;

5. If one or both parents was charged with false reporting of child abuse or neglect; 

6. The are the wishes of the child(ren) once they are a suitable age?;

7. The child's relationship with other family members or other people that may affect by the child's best interest;

8. Child's adjustment to home, community and school;

9. The health of parties, this includes mental health;

10. Who will allow frequent and meaningful contact?;

11. Whether or not one parent miss lead the court, caused unreasonable delay or caused an increase of legal fees to have the court award that parent more   parenting time or legal decision making;

12. Has there been any coercion of duress in obtaining an agreement;

13. Have the parties taken the parenting class;

14. Has there been domestic violence or child abuse as defined in 25-403.03.

When the court rules on custody, the judge must make specific findings based on the above to justify the ruling.

See our website at www.jessicacotterlaw.com for further information or to request an appointment.

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

18301 North 79th avenue 

Suite F-186

Glendale, Arizona 85308

Jmcotterlaw.com

Jessica.Cotter@azbar.org

602-843-3004

Source: A.R.S. 25-403.01 and 25-403

The Pour-Over will in your Living Trust

By Harry J. Lenaburg, Esq.

A primary reason for individuals or couples to establish a revocable living trust is to avoid the necessity of the filing of a probate to administer their estate when they die.  In such a trust the settlors, they are the ones who establish the trust, instruct the successor trustee on how to distribute the property.

I am often asked what a pour-over will is then include in the trust package.  There is a relatively simple reason for this.  First, you must understand that the pour-over will direct that any assets not within the trust should be transferred into the trust if a probate is necessary.  When the trust is prepared it is funded by the transfer of the settlors’ assets into the trust.  Real property is titled to the trust, as well as other assets such as investment accounts or other financial accounts.

Unfortunately it sometimes occurs that an asset is forgotten, or perhaps there is an asset that a settlor is unaware of, such as property, such as stocks, left to the settlor by another, but not transferred in.  Another example I can cite is a home that was initially titled to the trust.  When the settlor desired to refinance the home, the new mortgage company required that the home be transferred back out of the trust.  Once the refinance was accomplished the settlor should have again transferred the home into the trust.  Unfortunately, that step was neglected.  The result was that a probate action to transfer the home was required.  The pour-over will then result in the property being transferred back into the trust, for distribution according to the settlor’s estate plan.  The pour-over will is not just another piece of paper.

An experienced estate planning attorney can help you to get your estate plan in order.  You should consult with one whenever there is a life changing event, marriage, birth, a windfall, retirement or when you are unsure of what steps to take to protect you assets and your family.

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

18301 North 79^th Avenue, Suite F-168

Glendale, Arizona 85308

602-843-3004

Jmcotterlaw.com

Jessica.Cotter@azbar.org

Think about your estate plan

By Harry J. Lenaburg, Esq.

It is human nature for us to hope that we will be able to leave a legacy behind for the benefit of our children and grandchildren.  In doing so it is important for us to think ahead and carefully plan for the distribution of our assets.  Such assets may include bank accounts, life insurance, retirement accounts (401(K), IRA), real estate, and also more personal items such as a memorabilia collection or keepsake items with no potential cash value but value to a family member.
Two important thoughts come to mind.  First, and unfortunately, the passing of an individual often results in family rifts and feuds over even the most seemingly inconsequential items, especially keepsake items.  It is in every ones’ best interest that a list of such items, identifying who is to receive what, is prepared, so that your wishes as to the distribution of these items is documented in writing, not by “mom told me I could have this” or “dad said this would be mine”.
Secondly, when leaving bank accounts or other liquid assets it is imperative that you give thought to the age of the recipient.   Is your child or grandchild sufficiently prepared to receive a substantial sum in cash at age 18?  I submit that proper planning includes your giving thought to the impact such a sudden influx of cash to an 18 year old could lead to.  In the absence of a trust of other estate planning device all of the cash or assets you leave to that child or grandchild must be paid over to the child once he or she reaches 18.
An experienced estate planning attorney can help you to devise a plan that will minimize family conflicts, and also protect your late teenage or early adult children or grandchildren from what might be seen as a ruinous influx of cash before that child is ready to manage their funds.




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

5 things to avoid when involved in a Divorce or Custody matter or other any legal proceeding.

By Jessica M. Cotter, Esq.

1. Do not Blog or post any details of the Divorce process on the internet or any social media site, i.e. Facebook, twitter, tumblr, snap chat, instagram, etc. as this information will invariably be presented to the court and will usually be presented in a light not favorable to you; 

2. Do not put anything in writing or any form that you would not state in court, before the judge or hearing office, since it will be used against you. For example, calling the opposing party a nasty name in an email or text; 

3. Do not deny the other parent time with the children unless there is a court order or CPS is telling you the children must not be around the parent or any situation that places the children in imminent harm; 

4. Do not hide information from the other party, this creates distrust and prevents settlement.  It also causes a judge or hearing officer to question your veracity when you testify; and

5. If the judge asks you a question then listen carefully, and then answer the question that he or she asked.

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

18301 N. 79th Ave, Ste F-168

Glendale, AZ  85308

602-843-3004

Jessica.Cotter@azbar.org

Be consistent for your children

By Harry J. Lenaburg, Esq.

We are all familiar with how our children will attempt to play mom against dad when the child wants something.  At our house one of the first questions was “what did mom say?” or “what did dad tell you?”.  Children learn early to try to get around the rules, and they refine their attempts as they get older.
What this means for a couple with children who have divorced is that the parents should continue to be consistent in their dealings with their children.  So many tears have been shed, forests cut down to become paper, and dollars spent on attorney fees, counseling fees, court advisor fees, family assessment fees, parenting conference fees and the other costs involved in post dissolution family law matters because the estranged parents do not follow that simple rule.
Certainly there is a place in the system for all of these resources, particularly in abusive situations, or when a parent is unfit, though addictions or other emotional problems.  Every child has the right to be safe.  But let’s not allow the children to manipulate the situation in a way that causes court action and expense when it is the result of children pushing parent’s buttons to get something they want.




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

Terminations of Parental Rights in Arizona

By Harry J. Lenaburg, Esq.

Questions often arise in our practice about a biological parent “giving up custody” as a way to avoid any future responsibility for the payment of child support for their minor child or children.  Another question is “how do I terminate the biological father’s/mother’s parental rights so that my new spouse may adopt the child or children?”.

The bases and method of termination of parental rights is, not surprisingly, set out by statute in A.R.S. section 8-533.  The test is always the best interests of the child.  Grounds include, but are not limited to, abandonment, neglect or abuse of the child, mental health issues or chronic use of dangerous drugs or alcohol by the parent, that the parent is deprived of civil liberties and convicted of a felony as to prove that parent’s unfitness to parent.

A petition to terminate parental rights would be filed in the Juvenile Division of the county superior court.  Parental rights may also be terminated by the execution of consent to adoption by the parent.   A hearing will be scheduled, and a copy of the termination petition and notice of hearing must be served upon that parent.  A social study by an approved agency must be prepared and submitted to the court in order to obtain a termination in most cases.

Importantly A.R.S. section 8-539 describes the effect of the termination order.  The order “. . . shall divest the parent and child of all legal rights, privileges, duties and obligations . . . except . .  support from the parent.  This right of . . . support shall only terminate by a final order of adoption.”  This means that “giving up custody’ or “giving up parental rights” will not terminate the obligation to pay child support.

If you wish to attempt to terminate the rights of a biological parent, of if you have been served with a petition to terminate your parental rights, you should consult with an experienced termination/adoption attorney in your area to discuss your rights, obligations and how to proceed.

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

18301 North 79^th Avenue, Suite F-168

Glendale, Arizona 85308

602-843-3004

Jmcotterlaw.com

Jessica.Cotter@azbar.org

Revocable Trusts versus Irrevocable Trusts

By Harry J. Lenaburg, Esq.

Many clients choose to include a Living Trust in their Estate Plan.  One reason to do so is to avoid the necessity of the filing of a probate action to transfer property when the client dies.  Many of these trusts are revocable however some clients choose to declare their trust irrevocable.  There are estate tax implications to trust planning, so a discussion with your CPA or tax accountant is in order.

If the trust is revocable, that means that the settler/trustor (the client or clients who establish the trust) have reserved to themselves the ability to amend their trust, and of transferring property to and from the trust as it suits their purpose.

If the trust is irrevocable, then once the settler/trustor transfers property to the trust, that property may not be removed and returned to the settler/trustor’s name.

Most clients prefer the freedom to transfer property to and from their trusts, so most trusts are the revocable variety.  However, as a general rule, once any settler/trustor of a trust dies, the trust become irrevocable under the terms of the trust.

Estate planning is important for all, so you should consult with an experienced estate planning attorney in your area to discuss the best options for you and your family.

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

18301 North 79^th Avenue, Suite F-168

Glendale, Arizona 85308

602-843-3004

Jmcotterlaw.com

Jessica.Cotter@azbar.org

What do you do if you have a covenant marriage and you want a divorce but you do not meet the requirements?

By Jessica M. Cotter, Esq.

If you no longer want to be married to a person and you have a covenant marriage and you do not meet the requirements to get a divorce you can at least protect yourself and get a legal separation.  In order to obtain a legal separation the court has to find that one of the following is true:

1. The person being served with the petition for dissolution (the Respondent) has committed adultery;

2. The Respondent has committed a felony and sentenced to death or imprisonment in any jail;

3. The Respondent has not lived in the marital home for over a year before the filing for legal separation;

4. The Respondent has physically, sexually or emotionally abused you, a child or relative of yours as defined in A.R.S. 13-3601; 

5. You have lived apart for two years before you filed the petition for  dissolution;

6. The Respondents’ constant bad behavior or bad treatment of the person filing the petition for legal separation is so bad that you cannot live together anymore because it is not tolerable; or

7. The Respondent is abusing drugs or alcohol.  

It is not a simple process to get a Legal Separation when you have a covenant marriage. I would consult an experienced family law attorney in your area to assist you with this process. 

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

18301 North 79th avenue 

Suite F-186

Glendale, Arizona 85308

Jmcotterlaw.com

Jessica.Cotter@azbar.org

602-843-3004

What do you do if you have a covenant marriage and you want a divorce?

By Jessica M. Cotter, Esq.


I have only assisted with 2 divorces that involved a Covenant marriage in my 10 plus years of practice.  Many attorneys have never come across the dissolution of a Covenant marriage.  If you want to get a divorce with this type of marriage the court has to find that one of the following is true:

1. Both parties agree to the divorce;
2. The person being served with the petition for dissolution (the respondent) has committed adultery;
3. The respondent has committed a felony and sentenced to death or imprisonment in any form of jail;
4. The respondent has not lived in the marital home for over a year before the filing for divorce;
5. The respondent has physically, sexually or emotionally abused you, a child or relative of yours as defined in A.R.S. 13-3601;
6. You have  lived apart for two years before you filed the petition for  dissolution;
7. You have lived separate and apart for a year after you were legally separated through the court; or
8. The respondent is abusing  drugs or alcohol.


It is not a simple process to get a divorce when you have a covenant marriage. I would consult an experienced family law attorney in your area to assist you with this process.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308
Jmcotterlaw.com
Jessica.Cotter@azbar.org
602-843-3004

If situations change after you are divorced, what do you do?

By Jessica M. Cotter, Esq.


Child custody/decision making

If there has been some difficulty co-parenting with the other parent or the other parent has had some personal issues that demonstrate their inability to parent, you may feel that action must taken to correct or change the situation.  The changes must be substantial and ongoing. The standard to be met is set out in Arizona  Revised Statues section 25-411.  If you want to file for a modification, then you need to make sure that you are in compliance with Rule 91(D) of the Arizona  Rules of Family Procedure. The rule requires you to file and serve the following:

1. A Petition to Modify Legal Decision making that states what the changes are and how drastic the changes are and that they will not improve. This needs to be notarized or if it is not then you need a sworn statement regarding the changes.

2. A Notice of Filling Petition for Modification of Legal Decision making.

This is just to get the process started. After the filing and service on the opposing party you must wait 25 days after the documents are served in Arizona (35 days if the service is out of state). Then you may provide a Request for Order Granting or Denying Custody Hearing to the Judge. If the court grants your hearing then you have to present your evidence to the court and there are no guarantees. I would highly recommend that you review your case with an experienced family law attorney before you file anything with the court.

Please check out next week’s blog about how to change parenting time.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308
Jmcotterlaw.com
Jessica.Cotter@azbar.org
602-843-3004

Keep Estate Planning Documents Current

By Harry J. Lenaburg, Esq.

Sometimes it takes a near tragedy to remind one how important it is to maintain your Estate Planning documents, with the most current information.  Suppose you had named your son as executor of your Will or as the individual with decision making authority under your Medical Power of Attorney.  On active duty in the military, that son is honorably serving us all overseas.

In a medical emergency your appointed agent is unavailable.  The remedy for this dilemma is to appoint an alternate executor or agent.  The language is simple, “In the event X is unable or unwilling to act as my (attorney in fact/agent/executor for example) I hereby appoint Y as my . . .

It is essential that you plan for contingencies.  If your estate planning documents are old, or the situation has changed (for example children were minors when you prepared your Will, and are now in their 20’s or 30’s)  I urge you to speak with an experienced Estate Planning Attorney to discuss your options, and modify any Estate Planning documents that should be updated.


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

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

If situations change after you are divorced, what do you do?

Parenting time

By Jessica M. Cotter, Esq.

If the parenting time schedule does not work anymore because the parties have moved far apart or the child is now older and can handle more time with the other parent and it has been over a year since the schedule has been changed or the other parent does not have the ability to care for the child or children, then you should file to modify parenting time.  When you file a petition to modify parenting time with the court then you need to make sure that you are in compliance with Rule 91(F) of the Arizona Family rules of procedure. The rule requires you to file and serve the following:

1. A Petition to Modify Parenting time that states in detail why there needs to be a change, what you want in the new schedule and if you have tried mediation first.

2. A copy of the order to appear:
a. You have to file number 1 put them in the judges box along with a blank order to appear.
b. The court will then fill in the order to appear to call you to pick it up.
c. Once you receive the filled out order to appear then you can serve the documents

This is just to get the process started. Then you have a hearing in which you have to present your evidence to the court and there are no guarantees. I would highly recommend that you review your case with an experienced Family Law Attorney before you file anything with the court.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308
Jmcotterlaw.com
Jessica.Cotter@azbar.org
602-843-3004

If situations change after you are divorced, what do you do?

Parenting time

By Jessica M. Cotter, Esq.

If the parenting time schedule does not work anymore because the parties have moved far apart or the child is now older and can handle more time with the other parent and it has been over a year since the schedule has been changed or the other parent does not have the ability to care for the child or children, then you should file to modify parenting time.  When you file a petition to modify parenting time with the court then you need to make sure that you are in compliance with Rule 91(F) of the Arizona Family rules of procedure. The rule requires you to file and serve the following:

1. A Petition to Modify Parenting time that states in detail why there needs to be a change, what you want the new schedule and if you have tried mediation first.

2. A copy of the order to appear:
a. You have to file number 1  put them in the judges box along with a blank order to appear.
b. The court will then fill in the order to appear to call you to pick it up.
c. Once you receive the filled out order to appear then you can serve the documents

This is just to get the process started. Then you have a hearing in which you have to present your evidence to the court and there are no guarantees. I would highly recommend that you review your case with an experienced Family Law Attorney before you file anything with the court.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308
Jmcotterlaw.com
Jessica.Cotter@azbar.org
602-843-3004

If situations change after you are divorced, what do you do?

By Jessica M. Cotter, Esq.

Child support 

If you are ordered to pay child support and you have a change in your financial circumstances that is out of your control, for example your company closes, you are laid off or your position is eliminated; the company restructures and this causes you to lose your job or your pay is decreased or you retire. The child is no longer in daycare. The parenting time changes or one of the children turns 18 and has graduated from high school; you have a child in your home or the other party earns more money. 

In order to modify child support there must be a 15% difference in what you would pay in child support or in what you would receive in child support. When doing this you need to make sure that you are in compliance with Rule 91(b) (2) of the Arizona Family rules of procedure. There are two methods which may be used to change the Child Support. The first requires that you file and serve the following documents:

1. A Petition to Modify Child Support that states what the changes are and how drastic the changes are and that they will not improve;

2. An Affidavit of Financial Information;

3. A copy of the order to appear:

a. You have to file number 1 and 2 and put them in the Judges box along with a blank order to appear

b. The court will then fill in the order to appear to call you to pick it up.

c. Once you receive the filled out order to appear then you can serve the documents 

4. Blank Affidavit of Financial information. 

This is just to get the process started. Then there will be a court hearing where you can present evidence to prove to the court how the circumstances have changed since you were divorced and ask the court to modify the amount of support.  Then the court will make its decision. There is no guarantee that the Child support will be lowered or increased. 

The second way to modify your child support is called the simplified method. For this method the court uses its own forms. You can get those forms on the Maricopa County Superior court website. You need to serve the following forms to the other party:

1. A request to modify- the Simplified process

2. Parents worksheet

3. Child Support order

4. Current Employer information sheet. 

5. A Blank request for hearing. 

Neither of the above methods guarantee that the Child Support will be changed and I would consult with an experienced Family Law Attorney in your area. 

Please check out next week’s blog about how to change Child Custody/ legal decision making. 

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

18301 North 79th avenue 

Suite F-186

Glendale, Arizona 85308

Jmcotterlaw.com

Jessica.Cotter@azbar.org

602-843-3004