Legal Question in Family Law in Arizona

My Husband just received a ruling from a judge in Arizona which troubles us and makes no sense. Amoung ruling everyting in favor of his ex was a request to modify support. We are currently paying the ex $1,900 a month in child support with no calculation to support how that number was figured (when going through the divorce my husband had no attorney). When placed in the AZ calculator, the amount should be about $1,100, or about a 35% change. Yet the judge ordered no change in support? Further, the judge also ordered we play the ex's attorney fees, although the only reason we went to court was she was not allowing my husband to see his children and told him if he wanted to see them or change anything, he had to do it in though the courts. Becuase of the attorney fees we have paid and the excess we pay in child support, we are close to bankruptcy now. Are there any options or programs to help us keep fighting to see the children or to get the support to what it should be? We are at a loss of what to do but don't want to give up on the children if we can help it, we just have no money left to fight.

Asked on 9/20/10, 7:51 am

1 Answer from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

You have FIFTEEN days from the date of the Order to file a "Motion for New Trial" if you beleive the Judge made an error of law or an error of discretion/fact. You can also file an appeal (within THIRTY days) of order. I cannot teach you how to do either via email.

Maybe it would be best if I sat down with you for an hour and explained (as best I could since I was not at trial) what happened and why. I could so so for 1 hour in fees.

OR, we canj discuss general issues and topics with you, and help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. Peters & Assoc., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004


facsimile 602-254-1229

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Answered on 9/27/10, 1:05 pm

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