Can I Consolidate My Arizona Family Court Matters?

Often times I meet with prospective clients who for example have filed for a modification of child support (simplified) and while that matter is pending the other party or they themselves file for modification of another family law issue, be it custody or parenting time for example. People in this situation often ask if it possible to consolidate both matters together so they are heard by the court at once instead of on two separate occasions.   

Rule 5, Arizona Rules of Family Law Procedure, (“ARFLP”), states in relevant part:

[w]hen actions within the scope of these rules involving a common child, common parties, or a common question of law or fact, are pending before the court, the court may order a joint hearing or trial of any or all the matters in issue in the actions or order all the actions consolidated, and the court may make such orders concerning proceedings therein to avoid unnecessary costs or delay or to serve in the best interest of a minor child.

Therefore, in accordance with the ARFLP, if your Arizona family court matter is one qualifying for consolidation, you have the right to request of the court that both or all issues be heard together at once. As the rule indicates though, the court may deny such consolidation if to do so would not serve the best interest of a minor child. One example where the best interest of the minor child may not be served by consolidation is when a pending petition for modification of child support which asks for an increased monthly amount is before the court in concert with another request, for instance a modification of child custody and/or parenting time.

In this circumstance, it generally will take the court much longer to hear the matters related to child custody and/or parenting time and if child support is to be adjusted and/or increased then the child’s best interest would not be served by delaying that matter to be heard in conjunction with the custody or parenting time issues. This is merely one example and many others should be considered prior to asking the court to consolidate your family law matters. For this reason it is suggested that you contact an experienced Arizona family law attorney or Ryan M. Reppucci at the law firm of Ariano & Reppucci, PLLC to discuss the specifics of your case before making such request of the court.

What can I do if I have requested items from the opposing part or counsel in my Arizona family law case, but they won’t answer my requests?

If a formal discovery or production request was made on the opposing party or their counsel, but they refuse to turn the items over without proper objection, then a “motion to compel” can be filed with the court.

Rule 65, Arizona Rules of Family Law Procedure, (“ARFLP”) allows for a motion to compel to be filed if a party has failed to make disclosure required by Rule 49, 50, 57, 58, 60, or 61.  If a motion to compel must be sought, then the requesting party may also request that the court order appropriate sanctions against the offending party.

Keep in mind, that no Motion to Compel may be sought or considered unless a separate statement of the requesting party is attached to the motion certifying that, after personal consultation and good faith efforts to do so, the parties have been unable to satisfactorily resolve the matter.

If the requesting party is represented by counsel and/or has incurred attorney fees and costs by filing an appropriate motion to compel, then the court, after affording an opportunity for the other side to be heard on the issue, can require the party whose conduct necessitated the motion to pay the requesting party the reasonable expenses incurred in making the motion, including attorneys’ fees, unless the court determines that the motion was filed without the requesting party first making a good faith effort to obtain the disclosure or discovery without court action, or that the opposing party’s nondisclosure, response, or objection was substantially justified or that other circumstances make an award of expenses unjust.

This is just a basic overview of the relief available. For more specific information regarding this or any other family law issue it is suggested that you contact the discounted, experienced attorneys at the law firm of Ariano & Reppucci, PLLC.

Why is my Arizona family court case being dismissed?

Rule 46 (B) of the Arizona Rules of Family Law Procedure (“ARFLP”) governs the dismissal of family court cases within Arizona. In particular, pro se (self represented) litigants in family matters, must remain aware that one hundred and twenty (120) days after filing of a petition, if no Motion to Set has been filed by either party, or if the court has not set the matter for trial, hearing, or conference, the court may issue a notice that the matter will be dismissed by the court after sixty (60) days without further notice.

It should be noted that if you have received a notice of dismissal from the court, you may file a motion seeking court permission for extension of the period described in your notice letter. Such requests are generally freely given, although the Rules state the period may be extended by the court for “good cause shown.”

If you have received a dismissal notice, but have yet to serve the Respondent, it is strongly suggested that you make arrangements to meet with an experienced Arizona Family Lawyer.  

In addition to the 120 days, a case may also be involuntarily dismissed for several other reasons. A non exclusive example demonstrating why one’s case may be involuntarily dismissed is for failure of the Petitioner to prosecute or to comply with the Rules of ARFLP or any court order.

Again, for more information on this or any other Arizona family law matter, contact attorney Ryan M. Reppucci, or Ariano & Reppucci, PLLC at www.familyattorneys-arizona.com or by calling 602-515-0841. Ariano & Reppucci, PLLC strives to be Arizona’s top 24 hour, discount, cheap, and affordable family law firm.

What Can I Do In Arizona If Someone Is Violating The Terms Of A Parenting Agreement?

In Arizona, if a party to a valid parenting agreement ordered by the court or through a Rule 69 Agreement is, has, or continues to violate the terms of a parenting plan agreement, then the non breaching party may be entitled to intervention from the court.

In particular, A.R.S. § 25-414 provides:

If the court, based on a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for that person to be heard, finds that a parent has refused without good cause to comply with a visitation or parenting time order, the court shall do at least one of the following:

1. Find the violating parent in contempt of court.
2. Order visitation or parenting time to make up for the missed sessions.
3. Order parent education at the violating parent’s expense.
4. Order family counseling at the violating parent’s expense.
5. Order civil penalties of not to exceed one hundred dollars for each violation. The court shall transmit monies collected pursuant to this paragraph each month to the county treasurer. The county treasurer shall transmit these monies monthly to the state treasurer for deposit into the alternative dispute resolution fund established by section 12-135.
6. Order both parents to participate in mediation or some other appropriate form of alternative dispute resolution at the violating parent’s expense.
7. Make any other order that may promote the best interests of the child or children involved.

Within twenty-five days of service of the petition the court shall hold a hearing or conference before a judge, commissioner or person appointed by the court to review noncompliance with a visitation or parenting time order.

In addition to any hearing that may be held by the Court, court costs and attorney fees incurred by the nonviolating parent associated with the review of noncompliance with a visitation or parenting time order shall be paid by the violating parent. In the event the custodial parent prevails, the court in its discretion may award court costs and attorney fees to the custodial parent.

It is strongly suggested that you meet with an experienced Arizona Family Law Attorney prior to filing your Petition with the Court pursuant to 25-414 so that the attorney can better determine whether you have enough documentary or testimonial evidence to demonstrate that the other party is in fact in breach of the parenting agreement. I say this because if such claim is brought and you ultimately cannot demonstrate with reasonable sufficiency to the Court that the other party is in fact in breach, then you may be ordered to reimburse to the other party their reasonably attorney fees and costs pursuant to A.R.S. §§ 25-324 and 25-414.

The experienced Arizona family law attorneys at the Law Firm of Ariano & Reppucci, PLLC can guide you through this or any other family law process. Ariano & Reppucci, PLLC is a discount boutique law firm that provides free consultations and many payment options to both potential and current clients. For more information please contact attorney Ryan M. Reppucci at 602-515-0841.

Physical, Mental and Vocational Evaluations of Persons In Arizona Family Court Cases

Rule 63, Arizona Rules of Family Law Procedure, (“ARFLP”) provides authorization, in certain situations, for the court to order that a party to a Family Court action submit to a physical, mental or vocational evaluation.

Rule 63, expresses that, with regard to Arizona Family Law Cases, when the mental, physical, or vocational condition of a party or any other person is in controversy, the court may order that person to submit to a physical, mental, or vocational evaluation by a designated expert or to produce for evaluation the person in the party’s custody or legal control.

The order may be made only on motion for good cause shown and upon notice to the person to be evaluated (unless the person to be evaluated is a minor child of one or both of the parties), and to all parties and shall specify the time, place, manner, conditions, and scope of the evaluation and the person or persons by whom it is to be made. The person to be evaluated shall have the right to have a representative present during the evaluation, unless the presence of that representative may adversely affect the outcome of the evaluation.

Rule 63 can be an invaluable mechanism in custody cases where the physical or mental health of one or more of the parties is in question. Meaning that in some way, the requesting party believes that another’s ability to “parent” because of mental or physical defects is paramount to the court’s custody determination. This Rule should not be employed in all cases, nor used to simply harass a party. There are very limited and specific reasons why requests should be made under Rule 63. For more information on whether your case warrants relief under Rule 63, it is strongly suggested that you meet with an experienced Arizona Family Lawyer prior to filing such request.

Finally, Rule 63 provides very specific requirements both procedurally and timing that must be met in using or suggesting evaluators to conduct such examinations. For this reason it is again urged that prior to making this request with the Court, that one meet with an experienced Arizona Family Law Attorney.

Having used Rule 63 many times and in many cases, Ariano & Reppucci, PLLC can assist during your free consultation in determining whether your desired Rule 63 request is reasonable. Ariano & Reppucci, PLLC, Arizona’s 24 Hour Family Law Firm can be contacted at 602-515-0841 or by visiting www.familyattorneys-arizona.com  

Applying for Temporary Orders In My Arizona Family Law Case

In Arizona, parties to many family law actions can file for temporary orders with the court. Because court calendar’s are often over loaded, it can take several months for a final trial to take place. Therefore, temporary orders requests will allow the parties to an action some stability in the interim by having the court set temporary orders which will have the same force and affect as a final order of the court until later modified, if at all.

A.R.S. §§ 25-404 and 25-411 governs temporary orders requests in Arizona. In particular, 25-404 states:

A party to a custody proceeding may move for a temporary custody order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary custody under the standards of section 25-403 after a hearing, or, if there is no objection, solely on the basis of the pleadings.

B. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary custody order is vacated unless a parent or the child’s custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a custody decree be issued.

C. If a custody proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody order thereby is vacated.

The above statute sets out the very basics for when temporary orders may be requested. However, 25-411 sets forth in detail how a requesting party should request temporary orders with the court and what items must be included in such request.

Temporary orders can be a tricky and often times stressful subject for pro per (unrepresented) parties to grasp. Therefore, it is recommended that before filing for temporary orders with the court, you first meet with an experienced Arizona discount Family Law Attorney at Ariano & Reppucci, PLLC.

For more information on this or any other Arizona family law matter, please contact, the author at 602-515-0841 or visit other author blog posts at www.familyattorneys-arizona.com.

Arizona Family Court’s; Custody Hearings Receive Priority

A.R.S. 25-407 states in relevant text:

          A.      Custody proceedings shall receive priority in being set for hearing.

          B.      The court may tax as costs the payment of necessary travel and other      expenses incurred by any person whose presence at the hearing the court      deems necessary to determine the best interest of the child.

          C.      The court, without a jury, shall determine questions of law and fact. If     it finds that a public hearing may be detrimental to the child’s best interest,          the court may exclude the public from a custody hearing, but may admit any        person who has a direct and legitimate interest in the particular case or a           legitimate educational or research interest in the work of the court.

          D.         the court finds that to protect the child’s welfare, the record of any           interview, report, investigation, or testimony in a custody proceeding should    be kept secret, the court may then make an appropriate order sealing the    record.

Often times client’s are concerned that the highly sensitive aspects of their case will become or are at the public’s disposal for review. The fact is, that without just cause, our legal system permits open forum’s for viewing and review of pleadings, whether nor not the matter involves custody of a child. However, if you are representing yourself and belief that public access to some or all of the court record will adversely effect your child’s best interests, then you can use the above statute as a basis in your request to the Court that your matter be sealed.

Child Support Basics In Arizona

Under Arizona law, Arizona’s Child Support Guidelines define the factors and method for the calculation of child support.  The Guidelines consideration the gross income of each of the parents and does not include the income of a new spouse.  Generally, the Guidelines determine income based upon a 40-hour workweek, not overtime.  Other factors in determining child support are day care expenses, health insurance, whether children are older than 12, the visitation that each parent has with the child, and any special needs that a child may have that require out of pocket expenses from either parent.

Unlike child custody, visitation, or any other issues surrounding a divorce or separation, child support is determined by a simple formula.  But that is not to say that the system is perfect and you could find yourself in a situation in which you are paying too much or receiving too little.   That is why at Ariano & Reppucci, PLLC we take special care with each client analyzing all of the factors to make sure our clients pay/receive the amount of support they are entitled.   

If you need to establish child support, or want to enforce a support obligation, our office can help you through the legal procedures to enforce your award, collect past due child support and ensure that future child support is collected promptly.  Please call us today.

GRANDPARENT RIGHTS IN ARIZONA

When Can I Modify Custody In Arizona?

 A.R.S. 25-411 governs custody modification in Arizona. In particular, the statute states that:

A person shall not make a motion to modify a custody decree earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health. At any time after a joint custody order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence, spousal abuse or child abuse occurred since the entry of the joint custody order.

With this in mind, six months after a joint custody order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order. There are other requirements to be factored when one parent is a member of the military or armed forces.

The court may modify an order granting or denying parenting time rights whenever modification would serve the best interest of the child, but the court shall not restrict a parent’s parenting time rights unless it finds that the parenting time would endanger seriously the child’s physical, mental, moral or emotional health.

To modify any type of custody order a person shall submit an affidavit or verified petition setting forth detailed facts supporting the requested modification and shall give notice, together with a copy of the affidavit or verified petition, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the pleadings, in which case it shall set a date for hearing on why the requested modification should not be granted.

The court shall assess attorney fees and costs against a party seeking modification if the court finds that the modification action is vexatious and constitutes harassment.

In addition to the time restrictions listed above, there may be other restrictions relevant to your case that must be met prior to filing a custody modification request. For instance, many custody orders will require that in addition to the proscribed time periods, that the parties submit to some sort of mediation and/or counseling before they bring a custody modification request before the court.

If contested, custody modification matters can be stressful and often times as bad if not worse than the initial custody determination. Therefore, it is strongly suggested that if you are a party to a modification matter or desire modification yourself that you contact and speak with an experienced Arizona family law attorney.

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