CncrndHswf
Member
What is the name of your state (only U.S. law)? AZ
I have a hearing in a little less than a month where I am the Plantiff and the judge will be considering two issues. A contempt of court of defendent for non payment for over 3 yrs. And a request of Defendent's attorney to Modify Degree of Dissolution as to spousal maintenance. (Citing a "substantial and continuing change in circumstances that would warrant termination of the Spousal Maintenance Order effective the month alimony began!). Because he was determined disabled approved by SS about a year after divorce. Although his submission to SS for the first time wasnt until late last year.
The defendent did did not file a financial affidavit to the court when the divorce occured. The defendent signed and agreed to all that was in the divorce documents including the amount I put in for alimony. He was not at the courthouse when the judge made her ruling. And the judge at that time, because of MY long term disability, ordered it indefinitely by the law.
The current judge requested (among other things, proof of disability, etc) , in a minute entry "that both parties are directed to provide a plan concerning the following situations:
1. whether the spousal mainentance amount is terminated and if so, what payments shall be made toward past due amounts.
2. If the spousal maintenance is reduced or maintained, what additional payments over and above the existing order should be made to pay back the past due amounts."
I have found a copy of a pay stub when we were seperated that was used for that tax year and the tax documents the year before the divorce was finalized. Which only shows a difference of NET income of $200 he has lost. (money made monthly then at a job and net he is receiving from SS as of this year month to month. I do not believe this is a substantial change. BUT how do I go about submitting this evidence? Does it fall under "discovery" and how exactly should I submit it to the court. Do I need to supply a copy to opposing counsel before the hearing? BELIEVE me I have researched and have become very frustrated on finding templates or discovery examples. I have been to the courthouse library, court records, and read and reread Trial Preparation for Family for AZ. And Im getting nowhere. I can't afford an attorney so I am doing this alone. I do not want to lose this simply because of a technically that I did not follow.
And is there some document I need to file to provide a "plan concerning..." that the judge ordered. What would that be called?
Any constructive help would be appreciated. Thank you in advance.
I have a hearing in a little less than a month where I am the Plantiff and the judge will be considering two issues. A contempt of court of defendent for non payment for over 3 yrs. And a request of Defendent's attorney to Modify Degree of Dissolution as to spousal maintenance. (Citing a "substantial and continuing change in circumstances that would warrant termination of the Spousal Maintenance Order effective the month alimony began!). Because he was determined disabled approved by SS about a year after divorce. Although his submission to SS for the first time wasnt until late last year.
The defendent did did not file a financial affidavit to the court when the divorce occured. The defendent signed and agreed to all that was in the divorce documents including the amount I put in for alimony. He was not at the courthouse when the judge made her ruling. And the judge at that time, because of MY long term disability, ordered it indefinitely by the law.
The current judge requested (among other things, proof of disability, etc) , in a minute entry "that both parties are directed to provide a plan concerning the following situations:
1. whether the spousal mainentance amount is terminated and if so, what payments shall be made toward past due amounts.
2. If the spousal maintenance is reduced or maintained, what additional payments over and above the existing order should be made to pay back the past due amounts."
I have found a copy of a pay stub when we were seperated that was used for that tax year and the tax documents the year before the divorce was finalized. Which only shows a difference of NET income of $200 he has lost. (money made monthly then at a job and net he is receiving from SS as of this year month to month. I do not believe this is a substantial change. BUT how do I go about submitting this evidence? Does it fall under "discovery" and how exactly should I submit it to the court. Do I need to supply a copy to opposing counsel before the hearing? BELIEVE me I have researched and have become very frustrated on finding templates or discovery examples. I have been to the courthouse library, court records, and read and reread Trial Preparation for Family for AZ. And Im getting nowhere. I can't afford an attorney so I am doing this alone. I do not want to lose this simply because of a technically that I did not follow.
And is there some document I need to file to provide a "plan concerning..." that the judge ordered. What would that be called?
Any constructive help would be appreciated. Thank you in advance.
LOL!