Child support is due on the first day of each month and is late after the last day of the month. If child support goes unpaid the payor is in arrears. Each month of child support that goes unpaid begins to accrue interest. However, it does you no good if you can't collect it.
One option is to go to the Arizona Attorney General's Office Child Support Enforcement Division and open a IV-D (that's roman numeral 4 - D, a reference to a particular section in the Social Security Act) case. This route has its advantages because it's free, the attorneys handle everything for you and they have means and methods of collecting money available to them that private attorneys and/or you as an individual do not. However, you have to be willing to go down to your local Child Support Enforcement office, wait in a line, which can often be long, fill out a lot of paperwork and join the bureaucracy train.
Despite my previous comments, I actually do advocate for this option and have sent several of my former clients to the office in certain situations. I recommend opening a IV-D case when you have a spouse who changes jobs frequently, whose employment may be unknown or if you don't have money to hire an attorney and do not want to embark on this process alone. If you have a IV-D case, those working on your behalf have the ability to do things outside of court to collect money, such as intercept tax refunds and garnish bank accounts. These collection options happen automatically without the need for a court appearance and hearing.
Another advantage to a IV-D case is that the attorney requests and handles the child support arrears calculation. A complicated calculation has to be done to determine just how much is owed in back child support to reduce it to a judgment. If you handle collection on your own you have to request and interpret the arrears calculation and having read many, I assure you they are not easy to understand.
If you have received Temporary Aid to Needy Families (TANF) or other cash assistance from the state during the same time period that you were owed child support and not paid, the state will automatically open a IV-D case. The reason for this is to recoup from the delinquent payor the money it essentially paid on his/her behalf. If and/or once arrears money begins to be collected, it will go to the state to repay the cash assistance it paid you until paid in full. Any funds over and above that owed to the state that are collected will then go to you.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Thursday, January 31, 2013
Tuesday, January 29, 2013
Temporary Orders
As you have probably guessed by now, a divorce isn't a quick matter. It will take a minimum of 60 days and could take many months more. In the meantime, bills need to be paid, food needs to purchased and your car needs gas. If the primary source of income left with your soon to be ex you may need temporary support. If the kids left with your soon to be ex you may need a temporary custody order. There may be other issues that need a band-aid resolution until you can get it settled completely as part of the final divorce.
To start the process of getting temporary orders you need to file a motion for temporary orders, following Arizona Rules of Family Law Procedure Rule 47. Rule 47 tells you specifically what needs to be in the motion depending on what relief you need.
If you are seeking monetary support from your spouse you will need to prepare an Affidavit of Financial Information. See my earlier post on this form for tips and guidance on preparing this document.
If you know that when you file and start divorce proceedings you are going to need some type of temporary orders it is advisable to prepare your motion for temporary orders along with your petition for dissolution of marriage. When you file and serve your petition for dissolution of marriage your motion for temporary orders will be served. You will also already have a hearing date. This is the most efficient way to go because it guarantees you a fast hearing date.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
To start the process of getting temporary orders you need to file a motion for temporary orders, following Arizona Rules of Family Law Procedure Rule 47. Rule 47 tells you specifically what needs to be in the motion depending on what relief you need.
If you are seeking monetary support from your spouse you will need to prepare an Affidavit of Financial Information. See my earlier post on this form for tips and guidance on preparing this document.
If you know that when you file and start divorce proceedings you are going to need some type of temporary orders it is advisable to prepare your motion for temporary orders along with your petition for dissolution of marriage. When you file and serve your petition for dissolution of marriage your motion for temporary orders will be served. You will also already have a hearing date. This is the most efficient way to go because it guarantees you a fast hearing date.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Monday, January 21, 2013
Waiting Period
Once that Petition is filed many people are very anxious to get things done and get the divorce done. That's all well and good however, you will have to exercise a bit of patience. Arizona has implemented a 60 day waiting period. This means that you cannot get divorced until 60 days after the date that your spouse is served with the petition. Use this time to get things in order (see my first several posts for specifically what I mean by that), make sure you have a good solid decree drafted and ensure a divorce is what you really want.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Saturday, January 19, 2013
What if you get served?
If you find yourself served with a Petition for Dissolution of Marriage, do not fret that you weren't the one to file. It makes no difference for the most part. You will be known as the Respondent in the case. The person who files is known as the Petitioner. You have obligations even as the Respondent.
You need to file a Response to Petition for Dissolution of Marriage within 20 days of being served. A form for a response can be found on your county's superior court website or you can prepare your own. If you prepare your own, you need to read each allegation in each hopefully numbered paragraph in the petition and decide whether you admit it, deny it or don't have enough information to do either. You don't need to restate what the paragraph says but merely need to say whether you admit or deny the allegations in the specific paragraph.
Once you have prepared your response, sign it before a notary public, make 3 copies and take it to the courthouse. There will be a filing fee. The clerk will keep the original, stamp the two copies and return the copies to you. Keep one copy for your records and mail the other copy to your spouse.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
You need to file a Response to Petition for Dissolution of Marriage within 20 days of being served. A form for a response can be found on your county's superior court website or you can prepare your own. If you prepare your own, you need to read each allegation in each hopefully numbered paragraph in the petition and decide whether you admit it, deny it or don't have enough information to do either. You don't need to restate what the paragraph says but merely need to say whether you admit or deny the allegations in the specific paragraph.
Once you have prepared your response, sign it before a notary public, make 3 copies and take it to the courthouse. There will be a filing fee. The clerk will keep the original, stamp the two copies and return the copies to you. Keep one copy for your records and mail the other copy to your spouse.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Friday, January 18, 2013
Serving Your Petition
Once you have filed your Petition for Dissolution of Marriage and paid your filing fees you need serve your petition on your soon to be ex-spouse. This can be done in one of a few different ways.
The first and cheapest (free) option is to hand your spouse the paperwork and have him/her sign an acknowledgement of service in front of a notary public. The form can be found on your county's website where the other self help forms are found. The date of service will be the date which the acknowledgement is signed and notarized.
You can place your paperwork with the sheriff for service. There will be a fee for the service and there is no way to know how long it will take to have the service done. The clerk will be able to tell you where to go at the courthouse to turn over your paperwork to the sheriff.
The third option is to hire a private process server. Here in Arizona, Hawkins and EZ Messenger is a popular company that many law firms use, particularly in the bigger counties like Pima, Maricopa, Yavapai and Coconino. There are other companies that do private process serving. The internet or the yellow pages will give you your options. This will be the most expensive option but it may get done faster than using the sheriff's office.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
The first and cheapest (free) option is to hand your spouse the paperwork and have him/her sign an acknowledgement of service in front of a notary public. The form can be found on your county's website where the other self help forms are found. The date of service will be the date which the acknowledgement is signed and notarized.
You can place your paperwork with the sheriff for service. There will be a fee for the service and there is no way to know how long it will take to have the service done. The clerk will be able to tell you where to go at the courthouse to turn over your paperwork to the sheriff.
The third option is to hire a private process server. Here in Arizona, Hawkins and EZ Messenger is a popular company that many law firms use, particularly in the bigger counties like Pima, Maricopa, Yavapai and Coconino. There are other companies that do private process serving. The internet or the yellow pages will give you your options. This will be the most expensive option but it may get done faster than using the sheriff's office.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Thursday, January 17, 2013
Filing Your Petition
Once you have prepared your petition you need to sign it before a notary public then make three copies of it. There are other forms that most courts require to be filed at the same time as your Petition including a summons, a notices about health insurance, a notice about third party creditors, a confidential sensitive data sheet and maybe some others. Refer to the website for the county you are filing in to see what you need in addition to the petition. The website should also tell you how many copies of each document you need to make.
Divorce doesn't come free. There will be a filing fee. The website will tell you how much it will cost to file for divorce. It will be somewhere over $200. This will be just the first of many filing fees in your divorce. If you feel you cannot afford this fee and others you can request a fee waiver. The form may be on line but will definitely be available at the clerks office. It requires the submission of supporting financial documentation. The request is reviewed by a judge very quickly.
When you have all of your documents prepared, copied and organized go to the clerks office at your local courthouse. Give everything to the clerk and pay your fee. The clerk will put various stamps on the originals and copies and keep what the court needs. The rest will be returned to you for our own records and to be used to serve on your spouse.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Divorce doesn't come free. There will be a filing fee. The website will tell you how much it will cost to file for divorce. It will be somewhere over $200. This will be just the first of many filing fees in your divorce. If you feel you cannot afford this fee and others you can request a fee waiver. The form may be on line but will definitely be available at the clerks office. It requires the submission of supporting financial documentation. The request is reviewed by a judge very quickly.
When you have all of your documents prepared, copied and organized go to the clerks office at your local courthouse. Give everything to the clerk and pay your fee. The clerk will put various stamps on the originals and copies and keep what the court needs. The rest will be returned to you for our own records and to be used to serve on your spouse.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Tuesday, January 15, 2013
Petition for Dissolution of Marriage
A divorce starts by filing a Petition for Dissolution of Marriage. A.R.S. 25-314 sets out the information that should be included in a Petition for Dissolution of Marriage. The court for the county where you are filing will likely have a fill in the blank form available on its website if you do not want to write one from scratch.
Regarding custody, parenting time and support, you either need to lay out what agreements have been reached or include a request for what you would want ordered if you were the only involved. Include whether you want sole or joint legal custody and/or primary physical custody. You also need to request child support.
If you feel you are entitled to spousal maintenance you must request it in the petition or you will not be able to be awarded support during the divorce.
You also need to address what you want to happen with your property and debts. If you have property you believe to be your separate property you need to make a claim for it in your petition. If you believe there are debts that are your spouse's sole debt you need to set those out in your petition. You don't have to set out all of your property and debts specifically. You can just say you want the community property and debts divided equally, your separate property awarded to you and separate debts assigned properly and the full nature and extent of them will be determined during the case.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
Regarding custody, parenting time and support, you either need to lay out what agreements have been reached or include a request for what you would want ordered if you were the only involved. Include whether you want sole or joint legal custody and/or primary physical custody. You also need to request child support.
If you feel you are entitled to spousal maintenance you must request it in the petition or you will not be able to be awarded support during the divorce.
You also need to address what you want to happen with your property and debts. If you have property you believe to be your separate property you need to make a claim for it in your petition. If you believe there are debts that are your spouse's sole debt you need to set those out in your petition. You don't have to set out all of your property and debts specifically. You can just say you want the community property and debts divided equally, your separate property awarded to you and separate debts assigned properly and the full nature and extent of them will be determined during the case.
And remember...
While you may find helpful insights or bits of information in this blog as it progresses, keep in mind that this is only being provided as general information to help you and others get started in this process. My first and best advice is to consult a lawyer knowledgeable in the area of family law. This is the only way to truly obtain advice directly pertinent to your situation. I am available for consultation by calling (928) 458-5026 to schedule an appointment.
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