One such example of good cause to continue a previously scheduled trial is when an indispensable witness is unavailable to testify at the time of trial.

For instance, Rule 77 (2), ARFLP, states that on a Motion to Continue a Trial, if the ground for the continuance is the unavailability of a party or witness, the party requesting the continuance shall state in his/her motion:

a.         Why the testimony of such witness is material to the proceedings;

b.         That the party has used due diligence to obtain such testimony;

c.         When the party learned of the witness’ or party’s unavailability; and

d.         That the postponement is not sought only for delay, but is based on good cause.

For more information on this or any other Arizona family law issue, contact the experienced attorneys at the law firm of Ariano & Reppucci, PLLC.

In Arizona, either spouse may file with their local Superior Court a Petition for Conciliation Counseling prior to or during a pending dissolution action. See A.R.S. § 25-381.18.  A Petition for Conciliation Services Counseling is free to file. The purpose of the Petition is to afford married couples free counseling to determine if there is a desire to save their marriage and/or resolve differences.

A few basic requirements must be true before a Petition for Conciliation Counseling can be filed. First, you must be legally married in accordance with Arizona Law. See A.R.S. § 25-101. Next, you or your spouse either have or have not filed a petition for divorce, legal separation or annulment. Finally, you must want to try and reconcile (get back together) or resolve the issues in your case with your spouse.

If a Petition for Dissolution has yet been filed, during a period beginning on the filing of a Petition for Conciliation Counseling and continuing sixty (60) days after the filing of said Petition, neither spouse is permitted to file any action for annulment, dissolution of marriage or legal separation. See A.R.S. § 25-381.18.

Moreover, if a Petition for Conciliation Counseling is filed by a spouse after an action for Dissolution (Divorce) has been filed with the Court, that proceeding will be “stayed” until the case transferred to conciliation court for hearing and further disposition until such time the at least one (1) requested counseling session has transpired.

It is important to note however, that although a dissolution action may be stayed until completion of conciliation counseling, any support of maintenance or custody orders previously issued by the Court remain in full force and effect unless vacated or modified by the parties through conciliation court or expire otherwise on their own terms.

Finally, as to muddy the waters further, after a spouse has filed an action for annulment, dissolution of marriage, or legal separation, if more than sixty (60) days have lapsed since the other spouse was “served” with the same, neither spouse, without the consent of the other may file a Petition for Conciliation Counseling as long as the domestic relations case (annulment, dissolution of marriage, or legal separation) remains pending, unless it appears to the Court that the filing will not delay the orderly processes of the pending action. Id.

The very detailed procedural technicalities listed above may be confusing for some. Therefore, our Firm is proud to offer free consultations on the subject. Contact Ryan M. Reppucci, today to schedule your appointment

Rule 92, Arizona Rules of Family Law Procedure, (“ARFLP”) outline civil contempt and sanctions for non-compliance with Court Orders.

Pursuant to ARFLP, the use of civil contempt shall be limited to compelling compliance with a court order or compensating a person for losses sustained as a result of the non-complying parties failure to comply with an Order from the Court. Therefore, one should have the understanding that contempt sanctions in a family court setting in Arizona are not intended to punish an offending party or to vindicate the authority of the court, as these sanctions are criminal by nature.

With this said, in certain actions of contempt may permit the arrest of individual in Arizona even though the issue at hand is domestic. For instance, Title 25 of the Arizona Revised Statutes outlines in detail that arrest and incarceration is an appropriate sanction in specific situations dealing with nonpayment of child support.

If an Order has been previously entered in your domestic relations matter and the same has or continues to be violated by the opposing party, you must commence your contempt action by filing a motion with the Court that recites the essential facts alleged to be contemptuous. For more information on properly preparing a motion for contempt, contact Ryan M. Reppucci, of the Law Firm of Ariano & Reppucci, PLLC today for your free consultation.

After a motion for contempt has been filed, the Court will issue an Order to Appear, mandating the appearance of the alleged offending party at a date and time scheduled by the Court. The motion and Order to Appear must by personally served upon the alleged contemnor.

This article meant to act as a brief overview of the contempt process and procedure for Arizona domestic relations cases. Prior to filing an action for contempt, it is strongly suggested that you meet with an experienced Arizona family law attorney.

In Arizona, Child Support Guidelines have been created to establish a standard of support for children consistent with the reasonable needs of children and the ability of parents to pay. The Guidelines strive to make child support orders consistent for person in similar circumstances and set child support amounts based on the factors listed in A.R.S. § 25-320.

The Guidelines apply to all actions involving establishment of current or past child support or modification of child support. Absent specific deviation as outlined by section IV(A) of the Guidelines, a Court shall order the amount determined under the Guidelines.

The Arizona Child Support Guidelines are based on the financial resources and needs of the child and of each parent, the standard of living the child would have enjoyed in a two-parent household, and the allocation of parenting time, as contemplated by A.R.S. § 25-320(D).

The child support amount is primarily based on the adjusted gross incomes of the child’s parents as well as the amount of parenting time each parent receives with the minor children. The income of a parent’s new spouse is not counted or included as income of the child’s parent.

The formula for adjusted gross income is not always so simply to determine. For instance, if a party is currently making less than in prior years, it may be argued that their adjusted gross income should be factored in accordance with their previous earning capacity even though they are currently making less. Moreover, but for a few unique situations, the State of Arizona has determined that a party to a support action is capable of making and will be attributed an amount equal to at least minimum even if that person is underemployed and/or unemployed.

Although in my opinion, adjusted gross income and parenting time are the main two factors in any child support calculation, one should be aware that various other factors may affect a calculated child support amount. A non exhaustive list of such items includes: court ordered spousal maintenance paid or received, court ordered child support paid or received in a separate domestic action, medical, dental, vision insurance premiums paid, child care costs, non common children supported by the parties without court order, extraordinary expenses for the common minor children, etc.

This is a very brief overview of the items used in factoring child support in Arizona. For more information on your specific situation or for help calculating child support as related to your specific matter, contact Ryan M. Reppucci at Ariano & Reppucci, PLLC today for your free consultation.

According to A.R.S. 25-1031, Arizona courts have jurisdiction to make initial child custody determinations only if any one of the following is true:

1. This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.

2. A court of another state does not have jurisdiction under paragraph 1 or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 25-1037 or 25-1038 and both of the following are true:

(a)            The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.

(b)           Substantial evidence is available in this state concerning the child’s care, protection, training and personal relationships.

 3. All courts having jurisdiction under paragraph 1 or 2 have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 25-1037 or 25-1038.

 4.  A court of any other state would not have jurisdiction under the criteria specified in paragraph 1, 2 or 3.

As one can see from reading the rule, it is not always exactly clear whether Arizona is the proper forum to initiate a Child Custody action. It is always suggested that parties that recently relocated to Arizona contact an experienced family law attorney prior to initiating their desired Custody action.

The experienced attorneys at the premier Arizona family law firm of Arizona and Reppucci, PLLC can assist those in determining the proper forum to initiate a Child Custody action. Moreover, Ariano & Reppucci, PLLC provides affordable and aggressive representation in a myriad of other family law matters.

 To speak with one of our trusted attorneys today, contact us at 602-515-0841.

I often meet with Client’s after conclusion of a family law matter. That is, once the court enters a judgment, people choose to consult with an attorney to figure out whether the judgment, which is generally not favorable to them may be amended and/or altered without going through the painstaking processes of motioning for a new trial and/or appeal.

Rule 84, Arizona Rules of Family Law Procedure states in pertinent part:

A party seeking alteration or amendment of a judgment or order of the court may file a motion for alteration or amendment of a judgment or order. All such motions shall be filed not later than 15 days after entry of the judgment or order. A motion authorized by this rule may not be employed as a substitute for a motion pursuant to Rule 82 (B), 83 or 85 (C).

A Responsive pleadings citing an objection the motion seeking amendment or alteration must be filed with the no later than ten (10) days after filing of the motion to alter or amend the judgment or order, except as otherwise ordered by the court.

As you can see, the rule explains procedurally how and when a party to a family court action may request amendment or alteration of a court order / judgment. What the rule fails to explain however is what grounds are sufficient to assert application of the rule. Because of this it is highly suggested that if you desire to file a motion to alter and/or amend a court order / judgment that you meet with and retain and experienced family law attorney who possesses adequate knowledge of the legalize required to maintain and / or support a finding that a judgment or order should be altered or amended. Contact the experienced trial lawyers at Ariano & Reppucci, PLLC, Arizona’s premier discount family law firm to schedule your free consultation.

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You would probably be surprised by the number of prospective clients that I meet with who come to me with questions regarding a mistake the court has made in its minute entries and/or court orders. First, I will let everyone know that the Court staff is human and that yes mistakes do occur.

With this said, it is a rather simple process to correct these mistakes. Rule 85, Arizona Rules of Family Law Procedure, (“ARFLP”), allows for clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission to be corrected by the court at any time of its own initiative or on motion of any party and after such notice, if any, as the court orders. During pendency of an appeal, such mistakes may also be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with approval of the appellate court.

If the mistake is obvious then, it is rather easy and very much certain that the Court will make the appropriate corrections. The discount and affordable Arizona family attorneys at the Law Firm of Ariano & Reppucci, PLLC can assist parties in filing the appropriate motions with the Court to correct any mistakes in the record.

Generally a mistake in the record will not relieve the parties or the parties legal representatives from a final judgment. However, Rule 85 (C) sets out several specific situations wherein a final judgment and/or order may be set aside (i.e. vacated) due to mistakes of the Court.

These situations are unique and very fact sensitive and therefore if you have questions regarding whether your judgment remains enforceable despite a mistake of the Court, I suggest that you meet with an experienced Arizona Family Law attorney at the Law Firm of Ariano & Reppucci, PLLC to further discuss your specific situation.

In the United States, there are only nine (9) states which adhere to Community Property principles. These State being: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Arizona’s community property laws can be found intertwined with many other domestic relations statutes and provisions outlined by Title 25, of the Arizona Revised Statutes.

Particularly, in Arizona, all property acquired by either husband or wife during the marriage is the community property of the husband and wife, except for a few exceptions. If you are uncertain as to whether an item acquired during your marriage may be exempt from community property principles, it is suggested that you contact the experienced community property and family attorneys at Ariano & Reppucci, PLLC.

By simple definition then, a spouse’s real and personal property that is owned by that spouse before marriage, is the separate property of that spouse. Moreover, property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment. See A.R.S. § 25-213 & Ariano & Reppucci, PLLC.

Again, I caution that the above classifications are basic in nature and are not meant to be construed as an exhaustive list for community property characterization. There are several items which if acquired a certain way, may be considered separate property of a spouse even though the item(s) were acquired during the marriage. Therefore, it is always a wide decision to contact an experienced Arizona family law attorney.

Now that basic classification is taken care, it is worth noting that each spouse has the sole management, control and disposition rights to each spouse’s separate property. Makes sense, right……? With this said, in Arizona, both spouses have equal management, control and disposition rights over their community property and have equal power to bind the community. Again, as with characterization, there are certain circumstances, where one spouse acting independently of the other would not have the authority to bind the community in whole. As with other suggestions listed herein, seek advice from a local family law attorney to better determine whether the unilateral actions of your spouse may or may not bind the community at large.

There are other issues that are relevant to a more complete understanding of Arizona Community Property Law, such as liability of community property and separate property for community; and separate debts and ownership classifications of property acquired after moving into the state.

The premier, yet discounted and affordable Arizona Family Law attorneys at Ariano & Reppucci, PLLC can answer any other community property and/or family law question you may have. You can contact our firm to arrange your free consultation by calling, (602) 515-0841.

The answer to this question may is often challenging to answer and may costs you much trouble in determining during a child support action. Why? Often parties that are self employed are very strategic in how they produce income figures for child support cases. The self employed person is often not required to take weekly, bi-weekly, or monthly draws (i.e. paychecks)

Thus, it is important that in such circumstance, you request that the prior three years worth of business financial records be produced. This should include all tax returns, bank statements, and safe deposit boxes at a minimum.

Even after all this information is produced, it can be a daunting task trying to establish a monthly estimated monthly income figure for the self employed litigant. With this said, A.R.S. § 25-320.02 states that:

On request of either parent or on the court’s own motion, before the court enters an order for child support pursuant to section A.R.S. 25-320, the court may order both parents to meet with a federally authorized tax practitioner if at least one of the parents is self-employed. The federally authorized tax practitioner shall review the accuracy of the self-employed parent’s records and submit a written report to the court to help it determine the child support obligation.

Each parent may submit to the court the names of not more than two federally authorized tax practitioners. If the parents cannot agree on a federally authorized tax practitioner to conduct the review, the court shall make this choice from a list of names submitted by the parents.

The court shall determine which parent shall pay for the cost of the federally authorized tax practitioner or determine each parent’s share of this cost.

Although there may be some costs associated with requesting an independent evaluation from a authorized tax practitioner, in my opinion it is well worth it to ensure accuracy of the income figures suggested by the self employed party.

Keep in mind this is put one of many options to protect your interests and assure you are receiving the correct amount(s) due to you from the self employed litigant. For more information on other options related to child support or for information on additional Arizona family law matters, contact the premier discount attorneys at Ariano & Reppucci, PLLC.