Legal Question in Family Law in Arizona
After 9 and a half years, my ex and I are debating over parent time & child support modification. Superior Court states that if two parties cannot agree, they must adhere to their current orders until a resolution can be reached.
Since our orders are obsolete and really no longer relevant to our situations, and not very specific, they are hard to follow, but possible.
HE says that these orders are non-enforceable, and wants me to agree to other terms, but I want to know if this is true or not. The court states very specifically to follow current orders until an agreement can be made. If I agree with him and go against the papers, can I get into trouble? If we have a written agreement to follow another schedule, is that okay to abide by?
2 Answers from Attorneys
The two of you are free to negotiate a new schedule and to abide by that schedule. It is best to file it with the court so it can supersede your existing court order.
The parents can modify their agreements any time they so choose. While it is best to enter into formal modifications, informal agreements are also OK. Problems arise when you have been operating under an informal agreement for a period of time, and then the other side chooses not even to follow that. Then, it is impossible to enforce the informal agreement, and difficult to demand enforcement of the prior orders.
We can certainly 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
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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