What Items Must I Disclose In My Arizona Family Law Case?
Filed under: Access to Records, Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Cheap Family Law Firm, Cheap Fees, Disclosure, Discount Arizona Family Firm, Discount Arizona Family Lawyer, Discovery, Divorce Laws, Family Law Attorney, Family Law Documents, General Family Law, Maricopa County, Phoenix Family Law, Phoenix Family Law Attorney, Phoenix Family Law Firm, Rule 49
First and foremost, today’s Blog post, although highly informative is extremely dense and better described as boring. With this stated, if you are a party to a Family Law matter in Arizona and your case requires disclosure, then I would recommend the following as a must read.
Rule 49, Arizona Rules of Family Law Procedure (“ARFLP”) govern disclosure and discovery practice in Arizona Family court matters. Rule 49 sets forth that the requirements of the Rule are minimum disclosure requirements for every family law case. Unless otherwise provided for in the Rule or agreed to by the parties, within forty (40) days after the filing of a response to an initial petition, each party shall disclose in writing to every other party the information set forth below:
A. Resolution Statement. Each party shall disclose a written Resolution Statement in a form that substantially complies with Rule 97, Form 4 or 5, as applicable, setting forth any agreements and a specific, detailed position the party proposes to resolve all issues in the case, without argument in support of the position.
B. Child Support. In a case in which child support is an issue, each party shall disclose the following information:
1. a fully completed Affidavit of Financial Information on a form substantially in compliance with Rule 97, Form 2;
2. proof of income of the party from all sources, specifically including complete tax returns, W-2 forms, 1099 forms, and K-1 forms, for the past two (2) completed calendar years, and year-to-date income information for the current calendar year, including, but not limited to, year-to-date pay stub, salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, worker’s compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance;
3. proof of court-ordered child support and spousal maintenance actually paid by the party in any case other than the one in which disclosure is being provided;
4. proof of all medical, dental, and vision insurance premiums paid by the party for any child listed or referenced in the petition;
5. proof of any child care expenses paid by the party for any child listed or referenced in the petition;
6. proof of any expenses paid by the party for private or special schools or other particular education needs of a child listed or referenced in the petition; and
7. proof of any expenses paid by the party for the special needs of a gifted or handicapped child listed or referenced in the petition.
C. Spousal Maintenance and Attorneys’ Fees and Costs. If either party has requested an award of spousal maintenance or an award of attorneys’ fees and costs, each party shall disclose the following information:
1. a fully completed Affidavit of Financial Information on a form substantially in compliance with Rule 97, Form 2; and
2. those documents set forth in subdivision B(2) above.
D. Property. Unless the parties have entered into a written agreement disposing of all property issues in the case, or no property is at issue in the case, each party shall provide to the other the following information in every action for dissolution of marriage or for legal separation:
1. copies of all deeds, deeds of trust, purchase agreements, escrow documents, settlement sheets, and all other documents that disclose the ownership, legal description, purchase price and encumbrances of all real property owned by any party;
2.copies of all monthly or periodic bank, checking, savings, brokerage and security account statements in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure;
3. copies of all monthly or periodic statements and documents showing the value of all pension, retirement, stock option, and annuity balances, including Individual Retirement Accounts, 401(k) accounts, and all other retirement and employee benefits and accounts in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information;
4. copies of all monthly or periodic statements and documents showing the cash surrender value, face value, and premiums charged for all life insurance policies in which any party has an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available for this time period, the most recent statements or documents that disclose the information;
5. copies of all documents that may assist in identifying or valuing any item of real or personal property in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition, including any documents that the party may rely upon in placing a value on any item of real or personal property;
6. copies of all business tax returns, balance sheets, profit and loss statements, and all documents that may assist in identifying or valuing any business or business interest for the last two (2) completed calendar or fiscal years with respect to any business or entity in which any party has or had an interest; and
7. a list of all items of personal property, including, but not limited to, household furniture, furnishings, antiques, artwork, vehicles, jewelry and similar items in which any party has an interest, together with the party’s estimate of current fair market value (not replacement value) for each item.
E. Debts. Unless the parties have entered into a written agreement disposing of all debt issues in the case, each party shall provide to the other the following information in every action for dissolution of marriage or for legal separation:
1. copies of all monthly or periodic statements and documents showing the balances owing on all mortgages, notes, liens, and encumbrances outstanding against all real property and personal property in which the party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information; and
2. copies of credit card statements and debt statements for all months for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure.
F. Disclosure of Witnesses. Each party shall disclose names, addresses, and telephone numbers of any witness whom the disclosing party expects to call at trial, along with a statement fairly describing the substance of each witness’s expected testimony. A party shall not be allowed to call a witness who has not been disclosed at least sixty (60) days before trial, or such different period as may be ordered by the court.
G. Disclosure of Expert Witnesses. Each party shall disclose the name and address of each person whom the disclosing party expects to call as an expert witness at trial, the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, a summary of the grounds for each opinion, the qualifications of the witness, and the name and address of the custodian of copies of any reports prepared by the expert. A party shall not be allowed to call an expert witness who has not been disclosed at least sixty (60) days before trial or such different period as may be ordered by the court.
H. Continuing Duty to Disclose. The duty described in this rule shall be a continuing duty, and each party shall make additional or amended disclosures whenever new or different information is discovered or revealed. Such additional or amended disclosures shall be made not more than thirty (30) days after the information is revealed to or discovered by the disclosing party.
I. Additional Discovery. Nothing in the minimum requirements of this rule shall preclude relevant additional discovery on request by a party in a family law case, in which case further discovery may proceed as set forth in Rule 51.
For help with preparation of disclosure items listed above or for further clarification of the items listed above or for questions regarding any other Arizona Family Law matter please contact Attorney Ryan M. Reppucci of the Discount Law Firm of Ariano & Reppucci, PLLC at 602-515-0841.
Arizona Family Court’s; Custody Hearings Receive Priority
Filed under: A.R.S. 25-407, Access to Records, Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Best Interest, Family Law Attorney, Family Law Documents, General Family Law, Phoenix Family Law, Phoenix Family Law Attorney, Phoenix Family Law Firm, Pleadings, Public Access
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.
New Family Law Provision That Must Be Added To Joint Custody Parenting Plans In Arizona
Filed under: A.R.S. 25-403.05, Access to Records, Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Family Law Attorney, Family Law Documents, General Family Law, Maricopa County, Parenting Plan, Phoenix Family Law, Phoenix Family Law Attorney, Phoenix Family Law Firm, Post Judgment, Public Access
Recent statutory changes now mandate that every joint custody parenting plan include specific notification required by A.R.S. § 25-403.05. In full test, this statutory requirement states:
A. Unless the court finds that there is no significant risk to the child and states its reasons in writing, the court shall not grant a person sole or joint physical or legal custody of a child or unsupervised parenting time with a child if the person:
1. Is a registered sex offender.
2. Has been convicted of murder in the first degree and the victim of the murder was the other parent of the child who is the subject of the order. In making its finding, the court may consider, among other factors, the following:
(a) Credible evidence that the convicted parent was a victim of domestic violence, as defined in section 13-3601, committed by the murdered parent.
(b) Testimony of an expert witness that the convicted parent suffered trauma from abuse committed by the murdered parent.
B. A child’s parent or custodian must immediately notify the other parent or custodian if the parent or custodian knows that a convicted or registered sex offender or a person who has been convicted of a dangerous crime against children as defined in section 13-705 may have access to the child. The parent or custodian must provide notice by first class mail, return receipt requested, by electronic means to an electronic mail address that the recipient provided to the parent or custodian for notification purposes or by other communication accepted by the court.
The important provision that should be included now in all joint custody parenting plans is the notification requirement listed in section “B” above.
For more information on other recent family law updates and/or any other Arizona family law matter, please contact Ryan M. Reppucci or Arizona & Reppucci, PLLC at 602-515-0841
Parental Access to Records of Child
Filed under: 25-403.06, 25-408 (k), Access to Records, Arizona Family Law, Arizona Family Law Attorney, Arizona Family Law Firm, Arizona Rules of Family Law Procedure, Family Law Attorney, Family Law Documents, General Family Law, Phoenix Family Law, Phoenix Family Law Firm
In Arizona, parental access to records of children is governed by A.R.S. 25-403.06. In relevant text, 25-403.06 states:
A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to documents and other information concerning the child’s education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent.
B. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this section.
C. A parent who attempts to restrict the release of documents or information by the custodian without a prior court order is subject to appropriate legal sanctions.
Many parents often assume, albeit wrongfully, that parental access to records only applies in situations where the parties share joint custody. This however is not the case. Non-custodial parents are also permitted access to records of their children pursuant to A.R.S. 25-408 (K), which in relevant part states:
Pursuant to section 25-403.06, the noncustodial parent is entitled to have access to documents and other information about the child unless the court finds that access would endanger seriously the child’s or the custodial parent’s physical, mental, moral or emotional health.
For more information on this or any other Arizona family law matter, contact the experienced domestic relations law firm of Ariano & Reppucci, PLLC.