low cost legal document preparation
superior court forms
Low Cost Legal Document Preparation
Superior Court Forms
To Make Someone Obey a Court Order
-- (Enforcement of a Court Order that Already Exists)
• Make Someone Obey (Enforce) A Court Order For Support and/or Parenting Time (Visitation)
• Make Someone Obey (Enforce) A Court Order For Property Division
• Request an Order of Assignment Without Notice
• How to File a Petition to Enforce a Child Custody Determination
Now that the judge has signed the court order, what next? Well a court order means nothing unless there is a proper enforcement mechanism that ensures compliance with the courts decision. The Arizona State Legislature empowered the courts with the responsibility and enforcement authority to ensure that judicial orders are obeyed by the parties involved. Such jurisdiction authority in its full text can be found in the Arizona Revised Statutes §25-1057-1067.
Depending on the nature of the case, the Arizona State Attorney Generals’ Office may have additional enforcement powers along with certain orders from the court. For example, earlier this year one of our clients had an outstanding child support arrears judgment from a mid western state and wanted to know what could be done about it. The opposing party contacted the Arizona State Attorney Generals’ Office and requested that a foreign judgment is filed against our client. It was a very interesting situation because instead of simply requesting a hearing, the parties agreed to mediation and resolved the issue by stipulation. The point is, the Attorney Generals’ Office is an important mechanism in enforcing child support and other orders.
On many occasions, our clients choose to enforce court orders whenever the opposing party fails to follow court orders to pay spousal maintenance, medical coverage or child support. The court’s authority to enforce the request may be viewed at Arizona Revised Statutes §25-1051 or you can review the full text of the Arizona Revised Statutes.
Request an Order of Assignments
Order of Assignments- Orders of assignments may be issued upon the court’s finding that support obligations are required in a family law case. The assignment order allows the employer of the party who is ordered to pay child support to withhold a specified amount from that person’s pay check. The employer is then required to send the withheld amount to the Superior Court Clearing House who then disburses the fund to the party receiving the support. For a more detailed explanation of the court’s jurisdiction to withhold earning for support obligations, visit the Arizona Revised Statutes §25-504.
For example, most of our clients who request spousal maintenance when filing for a Divorce, Legal Separation, Paternity and or Custody and Support often request that support payments are done through an order of Assignment; This way they do not worry about if the monthly support obligation is mailed, they receive a check each month from the Child Support Clearinghouse. The Court also has jurisdiction to issue Orders of Assignment to enforce foreign judgments.
Petitions to Enforce Child Custody Determination
Enforce Child Custody Orders- Once child custody has been established within the state of Arizona and you have received Sole or Primary Custody of the Minor Child, if the opposing party refuses to return the child to your custody, the Law allows you to file a petition to enforce the court order custody determination. The law also allows the enforcement of foreign judgments of child custody determinations provided that the requesting party has registered the judgment pursuant to state laws.
For example, a recent client wanted to register a foreign judgment in this state to ensure that the custody arrangement issued in a foreign jurisdiction is followed here in Arizona. Registering the judgment and affidavits were not very difficult, but the opposing party may request a hearing to challenge the validity of the registered judgment; this can be a bit complicated but with our specialized assistance we can guide you through the maze of challenges. For a detailed explanation and statutory requirements visit Arizona Revised Statutes §25- 1055.

contact us for more information
ARIZONA LEGAL SPECIALISTS