Legal Question in Family Law in Arizona

Child Support & Mediation

Question: My husband filed a petition & he falsely claimed that I had an income. We were married for 14 years and I worked along side my husband in the Family Business. I have not received a paycheck in 15 years. Default was filed & set aside for good reason (No response in time due to mother hospitalized with MS, Cancer & other complications.) Support was ordered based on his false information. The Mediator I hired said I could not File for Modification because I'm in Mediation yet he has put matters off on numerous occasions, etc. I'm out of money now and don't know what to do except possibly File for Welfare & Food Stamps. Can I file for Modification & How long does it take? Is there some kind of Review board or rules for Mediators? Please inform me of my options ASAP. I'm desperate and the last of my money went to the Mediator which was an inheritance I received from my Grandfather just over a year ago when I was 1st seperated. Since then I've had no income other then the inheratance & that is almost all gone I've left messages with the Family Lawyer Assistance Program & still have not heard back from them.


Asked on 4/26/02, 3:07 am

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Child Support & Mediation

IF the Default Decree was set aside, and assuming there have been no agreements reached or orders entered, then there is no need for "modification". Instead, you can of course file for temporary support, and you can of course continue to take the position that you do not have the level of income as indicated in Husband's documents.

I do not believe there is any type of governing board for mediators, UNLESS they are also an attorney. Please contact the State Bar of Arizona to have the questions answered more accurately.

Re: F.L.A.P. It is going to be difficult for Karen (who runs that program) to answer questions for you via phone. Instead, you can simply go to her facility, and she will set up a meeting with one of her volunteer attorneys.

I can explain the procedures necessary in your matter better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail. Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 4/26/02, 10:23 am


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