What items do I need to “disclose” to the other party in my Arizona Family Court matter?
The answer to this question is specifically laid out in Rule 49, Arizona Rules of Family Law Procedure. The relevant portions of that rule have been provided for your review. However, the rule itself is rather extensive and often to a pro se party difficult to comply with. For that reason, it is suggested that you meet with an experienced Arizona Family law attorney to ensure that you are providing proper disclosures in your family law matter.
In relevant text, Rule 49 states: The requirements of this rule are minimum disclosure requirements for every family law case. Unless otherwise provided for in this rule or agreed to by the parties, within forty (40) days after the filing of a response to an initial petition, each party shall disclose in writing to every other party the information set forth in this rule.
Section "A" of Rule 49 governs "resolution statements" and proclaims:
Each party shall disclose a written Resolution Statement in a form that substantially complies with Rule 97, Form 4 or 5, as applicable, setting forth any agreements and a specific, detailed position the party proposes to resolve all issues in the case, without argument in support of the position.
Proposed resolution statements can be found online through the Maricopa County Superior Court and State Supreme Court websites.
Section 'B" of Rule 49 governs what items must be disclosed in cased where child support is at issue. The following demonstrates the minimum disclosure requirement in child support matters:
a fully completed Affidavit of Financial Information on a form substantially in compliance with Rule 97, Form 2;
proof of income of the party from all sources, specifically including complete tax returns, W-2 forms, 1099 forms, and K-1 forms, for the past two (2) completed calendar years, and year-to-date income information for the current calendar year, including, but not limited to, year-to-date pay stub, salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance;
proof of court-ordered child support and spousal maintenance actually paid by the party in any case other than the one in which disclosure is being provided;
proof of all medical, dental, and vision insurance premiums paid by the party for any child listed or referenced in the petition;
proof of any child care expenses paid by the party for any child listed or referenced in the petition;
proof of any expenses paid by the party for private or special schools or other particular education needs of a child listed or referenced in the petition; and
proof of any expenses paid by the party for the special needs of a gifted or handicapped child listed or referenced in the petition.
Section "C" of Rule 49 governs items that are to be disclosed in cases of spousal maintenance and Attorneys' Fees and costs. In relevant text, in such situations, the parties must disclose to the other:
a fully completed Affidavit of Financial Information on a form substantially in compliance with Rule 97, Form 2; and
those documents set forth in subdivision B(2) above.
Sections "D" & "E" of Rule 49 govern items that are to be disclosed in cases where property and debt are at issue. This list is rather expansive and often leads to questions regarding production. Therefore, the specifics thereof of be purposely omitted from this article. If your matter is one involving property or debts, it is highly recommended that you meet with an experienced Arizona Family Law Attorney.
Sections "F" & "G" of Rule 49 require further that both parties properly disclose to the other a list of intended lay and expert witnesses and provide appropriate information and proposed testimony of each.
Finally, Rule 49 mandates that both parties to a family court action have a "continuing" duty to disclose after acquired or newly discovered information related to any of the Rules governing terms. It is important that if any such information is obtained, that you supplement your initial disclosures within thirty (30) days of acquiring such information.
For more information on this or any other Arizona Family Law Matter, contact the experienced Phoenix, Arizona based Family Law Firm of Ariano & Reppucci, PLLC.