How Can I Amend or Alter My Family Court Judgment?
I often meet with Client's after conclusion of a family law matter. That is, once the court enters a judgment, people choose to consult with an attorney to figure out whether the judgment, which is generally not favorable to them may be amended and/or altered without going through the painstaking processes of motioning for a new trial and/or appeal.
Rule 84, Arizona Rules of Family Law Procedure states in pertinent part:
A party seeking alteration or amendment of a judgment or order of the court may file a motion for alteration or amendment of a judgment or order. All such motions shall be filed not later than 15 days after entry of the judgment or order. A motion authorized by this rule may not be employed as a substitute for a motion pursuant to Rule 82 (B), 83 or 85 (C).
A Responsive pleadings citing an objection the motion seeking amendment or alteration must be filed with the no later than ten (10) days after filing of the motion to alter or amend the judgment or order, except as otherwise ordered by the court.
As you can see, the rule explains procedurally how and when a party to a family court action may request amendment or alteration of a court order / judgment. What the rule fails to explain however is what grounds are sufficient to assert application of the rule. Because of this it is highly suggested that if you desire to file a motion to alter and/or amend a court order / judgment that you meet with and retain and experienced family law attorney who possesses adequate knowledge of the legalize required to maintain and / or support a finding that a judgment or order should be altered or amended. Contact the experienced trial lawyers at Ariano & Reppucci, PLLC, Arizona's premier discount family law firm to schedule your free consultation.