Phoenix Child Custody Lawyer.
Generally once the order is registered in Arizona, Arizona courts will have jurisdiction to enforce the order from another state if the party against whom enforcement is sought lives in Arizona. There are only few circumstances in which Arizona would actually have jurisdiction to actually modify an order issued in another state. One such exception being if both parties and the child subject to the order no longer reside in the issuing jurisdiction. Please contact me to discuss the matter...
If you hired a process server, contact the server. If this was a state initiated action, contact the state child support agency and provide your information. Being that you are in Maricopa county, you can also go to the Superior Court website and search your case history, which is a bit delayed, but will reflect the date of service and filing of the same.
File a complaint against the server.
If he has indeed lied about his income, the court will not be too happy. However, despite this fact, generally, if he still demonstrates that at his new job he is making less than the previous $6,500/mo figure and likewise shows that his new change in circumstance is substantial and continuing, then the court may nonetheless end up modifying the support amount. However, not to the figure that he has requested.
It is true that if you were to serve him while he was in the State then Arizona would have personal jurisdiction over him to hear the matter. You would need to serve him with a Petition to Enforce the Child Custody Order. However, if you cannot personally serve him in Arizona, you can contact IL and have the Arizona Support order registered in that state. Once registered properly, then IL would have the ability to enforce it. Feel free to contact me if you have further questions.
Arizona is a community property state, meaning that for the most part assets and liabilities assumed during the marriage should be equitably apportioned. However, equity does not always mean 50/50. More facts would need to be known to better determine why the court ruled as it did. However, if interested, please contact me to discuss this matter further.
You should contact an attorney regarding your options in modifying the parenting plan. Your current agreement may however require both parties to submit to mediation beofre modification can be brought. Also, if there is a parenting coordinator in your matter, you may have to seek their assistance first. For these reasons, I suggest that you meet with an Arizona Family Law attorney to discuss the facts of your matter further before moving forward.
If the case number is correct it was most likely just a mistake. However, the court should be put on notice of the mistake in accord with Rule 85, Arizona Rules of Family Law Procedure in the event the ruling should have actually applied to the parties listed.
If you can demonstrate that your Ex is not going to comply with the holiday schedule, you can file for emergency enforcement and ask the judge to reaffirm the terms of your parenting time schedule. This will go a long way to allowing you to successfully hold your ex in contempt if the holiday schedule is thereafter not followed.
You are both under preliminary injunctions not to waste community property. Therefore, although she is in possession, that does not mean that you cannot receive some of those items once the divorce is final. If you seek to obtain some of those items, you should seek temporary orders from the court allowing you access to them or enter into a binding written agreement pursuant to ARFLP Rule 69 with your spouse.
