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

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

By Jessica M. Cotter, Esq.

Spousal Maintenance

If you are ordered to pay Spousal Maintenance and it is either ordered by the Court or by agreement that the Spousal Maintenance may be modified when you have a life changing circumstance that is beyond your control.  Example would be that your company closes, you are laid off or your position is eliminated. Another would be the company restructures and this causes you to lose your job or your pay is decreased or you retire. If you were to lose your job and can not find a job making the same amount of money as you were when the order was entered then you can file with the court to modify or terminate your Spousal Maintenance.

When doing this, you need to make sure that you are in compliance with Rule 91(b) of the Arizona Rules of Family Law Procedure. The rule requires that you file and serve the following documents on the other person that is receiving spousal maintenance.

1. A Petition to Modify Spousal Maintenance 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. A blank Affidavit of service.

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 the changed circumstances since you were divorced and ask the Court to modify or terminate the award.  Then the Court will make its decision. There is no guarantee that the Spousal Maintenance will be lowered or terminated.

This is not a simple process and I would recommend that you consult with an experience Family Law Attorney in your area.

Keep an eye out for next week’s blog which will discuss how to change Child Support.

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

Qualified Domestic Relations Orders

By Harry J. Lenaburg, Esq.

Certain retirement plans that may constitute community property in Arizona are creatures of the Employee Retirement Income Security Act of 1974.  That law has been added to and changed many times since 1974, and its purpose was to establish minimum standards for pension plans in private industry.  Under the terms of the act in order to enjoy favorable tax status the pension plan must be “qualified”.
When a family court judge orders a division of a qualified pension the plan administrator will be unable to take any action without receiving a required Qualified Domestic Relations Order (QDRO).  This document, signed by the judge, directs the plan administrator on how to specifically distribute the funds in the plan.  This may sound simple enough; however, generally speaking each plan has their own form or format for the information regarding that plan, the member of the plan, and the non-employee recipient of a portion of the plan.  Here in the valley there are a handful of attorneys who prepare most of the QDROs.  The preparation of a QDRO is seldom included in the dissolution family law fee agreement in the divorce setting.
I am surprised at the number of individuals whom I meet with where their issue is a division of a qualified plan, and no one followed through with the preparation of the QDRO.  If a qualified plan is one of the community assets in your dissolution, be certain that a QDRO is prepared, signed by the judge, and properly delivered to the plan administrator.
We are always available to meet with you to discuss your Arizona family law issues.  Contact our office for an appointment.

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

Steps to take to move with a child, when there is a Family Court order in place

Part 2

By Jessica M. Cotter, Esq.

Once you have sent the notice that you plan to move with the child and someone filed a Petition to relocate, then it is up to the court to make the decision if it will allow the relocation.  The court looks at the following factors in determining if they will allow children to move:

·        Whether or not the parents can agree on joint legal decision making authority

·        If there is no agreement, why?  Is the failure to agree reasonable or is it influenced by another issue that does not involve the best interest of the child(ren).

·        The past present and future ability of the parents to cooperate in making decisions regarding the child(ren)

·        Is the contemplated order logistically possible?

·        What do the parents want?

·        What are the wishes of the child(ren)?

·        The child's relationship with other family members or other people that may impact the child's best interest.

·        The child's adjustment to home, community and school.

·        The health of parties, this includes mental health.

·        Who will allow frequent and meaningful contact with the other parent?

·        Who has been the primary caregiver?

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

·        Have the parties taken the parenting class.

·        Has there been domestic violence or child abuse as defined in A.R.S. 25-403.03

·        Whether one parent has intentionally mislead the court to cause a delay or increase the cost of litigation.

·        Whether asking for the child to move is not being done to stop the other parent from seeing the child or to make it difficult on the non moving parent to have a relationship with the child.

·        The potential improvements to the child’s quality of life and the potential improvement for the custodial parent’s quality of life.

·        Is the parent that the child is ordered to live with going to comply with the court orders about parenting time?

·        Whether or not the relocation will allow a realistic opportunity for parenting time with the other parent.

·        Whether or not the relocation will affect the child’s emotional, physical or developmental needs of the child.

·        The effect on the child’s stability if the child moves.

·        The motive of the parent who wants to move including if that parent gets more child support as a result.

These factors can be found at A.R.S. Section 25-403, and at A.R.S. section 25-408.  The state legislature has been reviewing the relocation statute with an eye on making changes to it.  The information provided in parts 1 and 2 represent the law at the time these posts were written, but understand that these statutes are subject to change.

As you can see trying to move with a child is very difficult to do. Please contact our office for a consultation or arrange one with an experienced family law attorney in your area.

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

18301 North 79^th Ave F-168

Glendale, AZ 85308

602-843-3004

Jessicacotterlaw.com

Jessica.Cotter@azbar.org

Steps to take to move with a child, when there is a Family Court order in place

(Part 1)

By Jessica M. Cotter, Esq.

If you have a Family Court Order of Legal Decision Making (Custody) and parenting time and you want to take the child that is on that order with you, then look at Arizona Revised Statue 25-408 which gives the necessary steps to be taken in order to relocate more than 100 miles from the child’s current location within the state, and for any out of the state relocation.

The first thing to do is to send a written notice to the other parent with your plans to move, that will be received at least sixty days prior to the move. This notice needs to be sent by certified mail, return receipt requested, and the other parent must be the person who signs the receipt.  If this is not done then the court can impose a penalty for not doing so. The parent that is not moving has 30 days after the notice is given to file a petition with the court to prevent the relocation of the child. After waiting 30 days then the court may allow a petition to be filed only with a good reason. The moving parent can always file a Petition to relocate to determine if the move will adversely affect the parent who is not moving. 

After the Petition has been filed with the court, if the Parent that is moving has Sole Legal Decision Making (Sole Custody) and the move is necessary because of health, safety or employment or if the Spouse of the Parent has to move for the same reasons before the sixty day waiting period, then you can temporarily relocate with the child.   The court could still deny the relocation and order that the child be returned or modify its earlier order about who the child will reside with.  If there is an order of Joint legal decision (Joint custody) making then you can only move with the child before a court hearing if, the other parent agrees in writing.  If not, you have to wait for the court to have a hearing to make a determination if the court will allow the child to relocate.

In the next blog I will review the factors the court looks at in order to determine if the child is allowed to relocate out of the state of Arizona or more than 100 mile radius.

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

18301 North 79^th Ave F-168

Glendale, AZ 85308

602-843-3004

Jessicacotterlaw.com

Jessica.Cotter@azbar.org