Arizona Temporary Orders Form – Fill Out and Use This PDF

TEMPORARY ORDERS

PRE-JUDGMENT or -DECREE

Packet # 13A

These forms must not be used to engage in the unauthorized practice of law. The court is not responsible for (1) actions taken by the users of these forms or

(2)users’ reliance upon the instructions or information provided.

GENERAL INFORMATION &

Frequently Asked Questions

What are Temporary Orders?

They are temporary decisions by the court. For example, they may include temporary decisions on legal decision-making and parenting time of minor child(ren) or support payments.

The important thing is that these are TEMPORARY.

These temporary decisions made by the court may or may not be the same as the decisions made in the final decree or judgment.

Who can ask for Temporary Orders?

Either the Petitioner or the Respondent can request Temporary Orders.

You can only ask for temporary orders if you or the other party has filed a Petition in Pima County Superior Court. The petition can be for dissolution, paternity judgment, legal decision- making, parenting time, or support.

If there are ongoing proceedings in another court, you cannot file for temporary orders in Pima County.

Why might I need Temporary Orders?

It can take a long time from the start of your case to the time it is finalized. While you are waiting, temporary orders may be necessary to make sure that you and the other party does or does not do certain things.

You may want to ask for temporary orders if:

∙You need financial assistance for yourself or your child(ren) while the case is pending

∙The other party will not leave the family residence and you cannot live together

∙You need decisions about parenting time or legal decision-making

When can I ask for Temporary Orders?

You may file your request at the same time as you file your Petition or Response. The sooner you file, the sooner immediate issues—like having the other party leave the family home or getting financial assistance—can be addressed. Just remember, you can only request temporary orders in Pima County if a petition has been filed in Pima County.

If you are the petitioner, another good time to request temporary orders is when the other party

files a Response. This means the other party disagrees with some or all of what you asked for in your petition. It also means that the case may take longer to finalize. Temporary orders may make the other party more willing to settle because he or she may be ordered to make temporary payments that might not be included in the final decree or judgment.

Do I need a lawyer’s help?

There are times when more complex legal problems will come up, and you may want to get the advice of a lawyer. There are lawyers who will help you help yourself. This means that they will only charge you for giving you the help that you need: you can complete the court forms on your own or ask the lawyer for help.

For more information, call the Self-Service Center at (520) 724-8456.

This symbol is a warning. It can mean a few different things:

∙The topic can be confusing and you may need to ask a lawyer for help

∙You may need to make sure that something is done

Whenever you see this symbol, MAKE SURE you read the information carefully

and understand it fully.

How do I request Temporary Orders?

Step 1: Follow the instructions in this packet to fill out the necessary forms.

Step 2: Make 3 copies of:

OVerified Motion for Temporary Orders – required for all requests

ORequest for Temporary Orders Hearing Date – required for all requests

OOrder to Appear RE: Temporary Orders – required for all requests

ORelevant financial affidavit –

∙Spousal maintenance or attorney’s fees? Complete the Financial Affidavit.

∙Child support only? Complete the Child Support Financial Affidavit.

OParent’s Worksheet for Child Support Amount – if you are asking for temporary child support. See Packet # 8, Child Support.

Step 3: File the papers with the court. Take all of the copies to the clerk of the court, located on the first floor of the Superior Court Building [110 West Congress, Tucson, AZ 85701. Open 8 am to 9 pm, Monday through Friday, except legal holidays]. Arrive at the court at least an hour before it closes. Tell the clerk that you want to file temporary orders paperwork and schedule a

hearing. The clerk will take your original forms and one set of copies and will stamp your original Verified Motion Re: Temporary Orders and financial affidavit.

If you would like the paperwork returned to you by mail after the judge reviews your forms, provide a self-addressed, postage-paid envelope to the clerk. Otherwise you can pick the paperwork up later.

What do I do now?

After you file your request for temporary orders, a judge will review the forms, schedule a hearing, and issue an Order to Appear. If the situation is not an emergency (as specified on the Verified Motion) the court will schedule your hearing at the earliest available date, which may be in 4 to 6 weeks.

Approximately 10 days after you file, if a judge has signed your Order to Appear Re: Temporary Orders, you can pick up the forms at Superior Court, or the clerk of the court will mail the paperwork to you in the envelope you provided at the time you filed.

Do I need to let the other party know I requested Temporary Orders?

YES! You are responsible for making sure the other party receives copies of all your paperwork you file. This is called “service” and helps assure that the other party knows what is going on with the case. The court usually requires that you serve the other party at least 10 days before a scheduled hearing.

For proper service include:

∙1 copy of the Verified Motion for Temporary Orders

∙1 copy of the Order to Appear Re: Temporary Orders, signed by the judge

∙1 copy of your completed financial affidavit

Spousal maintenance or attorney’s fees? Complete the Financial Affidavit.

Child support only? Complete the Child Support Financial Affidavit.

∙1 copy of all financial forms listed on the relevant financial affidavit

DO NOT file these documents.

∙1 blank copy of the financial affidavit(s), for the other party to complete

∙1 copy of the ARIZONA SUPERIOR COURT, PIMA COUNTY LOCAL RULE 8.5, included in this packet

For Petitioners: If you file your temporary orders request at the same time as you file your Petition, the request can be served along with your other Petition forms once you get the judge- signed Order to Appear. For more information, see Packet # 10, Service on the Other Party.

If you properly serve the other party but you file the Affidavit of Service before the hearing on temporary orders, bring a copy of the affidavit to the hearing.

If the other party has already filed a Response, you can mail the documents that must be served to the mailing address the other party used in the Response.

For Respondents: If the other party has filed a Petition, you can mail the documents that must be served to the mailing address used on the Petition.

What should I expect at my hearing?

At the hearing you and the other party will tell the court why temporary orders should or should not be granted. The hearing is generally short, lasting 30 minutes to an hour. If it needs to go longer the judge may continue it to a later date. After the hearing the judge will make a decision—either right then from the bench and tell you about it or by sending you a written

decision later.

Instructions for Completing

Verified Motion for Temporary

Orders, Pre-Judgment/Decree

This form is required for all Temporary Order requests.

The Caption

OPersonal information – Fill in your name, street address, city, state, ZIP code, telephone number.

OCase No. – Enter your Superior Court Number, as found on the Petition. If you are filing Temporary Orders and your Petition on the same day, ask the clerk of the court for your Superior Court Number.

OPetitioner – Enter the Petitioner’s name.

ORespondent – Enter the Respondent’s name.

VERIFIED MOTION FOR TEMPORARY ORDERS

Tell the court what sort of temporary orders you want.

OCheck all boxes that apply

REQUIRED INFORMATION FROM ME, UNDER OATH: 1. Petition

OEnter the date the Petition was filed

2.No other orders

OCheck this box to assure the court that you do not know of any ongoing proceedings concerning this case happening outside Pima County. If this is not true, do not continue.

3.Minor Children

OWrite the name, date of birth, address, and county of residence of all minor children affected by this case.

THIS IS WHAT I WANT THE COURT TO ORDER

4. Legal Decision-Making for the minor child(ren) in common

OCheck if you want temporary orders concerning legal decision-making and you already

checked the “legal decision-making and parenting time” box at the top of the Verified Motion.

Check to request

OSole legal decision-making

OJoint legal decision-making

For more information, see Packet # 9, Parenting Plans.

5. Parenting Time for the minor child(ren) in common

OCheck if you want temporary orders concerning parenting time and you already checked the “legal decision-making and parenting time” box at the top of the Verified Motion.

OAttach a completed Parenting Plan. See Packet # 9.

6.Child Support for the minor child(ren) in common

OCheck if you want temporary orders concerning child support and you already checked the “child support” box at the top of the Verified Motion.

OAttach a completed Parent’s Worksheet for Child Support Amount. See Packet # 8, Child Support.

7.Spousal Maintenance

OCheck if you want temporary orders concerning spousal maintenance and you already checked the “spousal maintenance (alimony)” box at the top of the Verified Motion.

OAttach a completed Financial Affidavit, included in this packet.

By checking the box and attaching the affidavit you are telling the court that you currently lack sufficient property or income to provide for your reasonable needs and that the other party is employed or employable and financially capable of providing temporary spousal maintenance to you.

OWrite on the line the amount of temporary monthly spousal maintenance you are requesting.

8.Medical Insurance and/or Costs

OCheck if you want temporary orders concerning who will pay for you and the minor children’s temporary medical, dental, and health insurance, or for the out-of-pocket temporary medical, dental, and health expenses reasonably incurred by you and the

minor children.

9 a-b. Property

OCheck if you want orders concerning a temporary division of property and you already checked the “property and/or debt” box at the top of the Verified Motion.

OList the property that should be temporarily given to you.

OList the property that should be temporarily given to the other party.

10 a-b. Debts

OCheck if you want orders concerning the temporary assignment of debt and you already checked the “property and/or debt” box at the top of the Verified Motion.

OWrite the debts, amounts, and creditors that you will pay.

OWrite the debts, amounts, and creditors that the other party will pay.

11.Other Reasons and/or Other Requests

OCheck the box if you have any other reasons for temporary orders or any additional temporary order requests and you already checked the “other” box at the top of the

Verified Motion.

ODescribe the reason(s) and request(s) on the lines.

OATH AND VERIFICATION

ODO NOT SIGN the form except in front of a notary. When you file the papers with the court, sign the form in front of the clerk. The clerk will notarize your signature for free. You must bring a valid, government-issued picture ID (such as a driver’s license) so the clerk knows whose signature is being verified.

OYou can write your name on the first line and check whether you are “Petitioner” or “Respondent,” but do not sign.

Name: ___________________________________

Address: _________________________________

City, State, ZIP: ____________________________

Daytime Telephone No: ______________________

Representing Self, Without a Lawyer

ARIZONA SUPERIOR COURT, PIMA COUNTY

REQUIRED INFORMATION FROM ME, UNDER OATH, CHECK ALL THAT APPLY:

1.Information about the Petition for Dissolution (divorce) or Petition for Paternity with Legal Decision-Making, Parenting Time, and Child Support. (NOTE: You cannot request a temporary or a temporary/emergency order unless you or the other party has completed and filed a Petition for Dissolution of Marriage or a Petition for Paternity with Legal Decision-Making, Parenting Time, and Child Support.)

Date petition was filed: ________________________________

The allegations of the Petition for Dissolution or the Petition for Paternity with Legal Decision- Making, Parenting Time, and Child Support are incorporated herein by reference.

2.(You must check here, and this must be true) To the best of my knowledge, no temporary orders regarding these matters have been entered in any other court, and no court proceedings are pending for temporary orders.

3.The minor children affected by this Petition, if any, are:

THIS IS WHAT I WANT THE COURT TO ORDER:

4. LEGAL DECISION-MAKING FOR THE MINOR CHILD(REN) IN COMMON:

I am the fit and proper person to be awarded temporary sole legal decision- making of the minor child(ren) and such legal decision-making is in the best interests of the child(ren).

I believe that both parents are fit and proper persons to be awarded temporary joint legal decision-making for the minor child(ren) and such legal decision-making is in the best interest of the child(ren).

5. PARENTING TIME FOR THE MINOR CHILD(REN) IN COMMON:

Each party should be granted reasonable temporary parenting time as described in the attached Parenting Plan.

6. CHILD SUPPORT FOR THE MINOR CHILD(REN) IN COMMON:

An order requiring the opposing party to pay to me a reasonable sum for temporary

child support as determined by the Arizona Child Support Guidelines, according to the Parent’s Worksheet for Child Support that is attached.

7.SPOUSAL MAINTENANCE:

a.Attached is a Financial Affidavit showing that I currently lack sufficient property or income to provide for my reasonable needs.

b.The other party is employed or employable and is financially capable of providing temporary spousal maintenance to me.

c.An order requiring temporary spousal maintenance in the amount of $ ________

per month.

8.MEDICAL INSURANCE AND/OR COSTS:

An order requiring a party to provide temporary medical, dental, and health insurance for my benefit and for the children, and how the uncovered medical, dental, and health expenses incurred will be paid.

9.PROPERTY: (include an additional page, if necessary)

a.To me: __________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

b.To the other party:_________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

10.DEBTS: (include an additional page, if necessary)

a.I Should Pay:

DEBTAMOUNTCREDITOR

__________________ _________________ _________________

__________________ _________________ _________________

__________________ _________________ _________________

__________________ _________________ _________________

b.The Other Party Should Pay:

DEBTAMOUNTCREDITOR

__________________ _________________ _________________

__________________ _________________ _________________

__________________ _________________ _________________

__________________ _________________ _________________

11.OTHER REASONS AND/OR OTHER REQUESTS: (Please explain here in detail anything else you want the judge to order on a temporary basis and why you

need the order). (include an additional page, if necessary)

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

I REQUEST THE COURT:

1.Order the other party to appear before this Court so that this Court can determine whether a temporary order should be entered granting what I requested, pending a final order of the Court in this proceeding.

2.Grant such further relief that this Court deems just and proper under the circumstances.

OATH AND VERIFICATION

I, ____________________________________ being duly sworn and under oath, state that I

have read this Motion. All the statements in this Motion are true and correct and complete to the best of knowledge and belief.

___________________________________

Petitioner Respondent

Subscribed and sworn to before me this __________ day of _____________________, 20 ___

By ________________________.

___________________________________

Notary Public

My Commission Expires:

______________________________

Instructions for Completing

Order to Appear re:

Temporary Orders,

Pre-Judgment/Decree

This form is required for all Temporary Order requests.

The Caption

OPersonal information – Fill in your name, street address, city, state, ZIP code, telephone number.

OCase No. – Enter your Superior Court Number, as found on the Petition. If you are filing Temporary Orders and your Petition on the same day, ask the clerk of the court for your Superior Court Number.

OPetitioner – Enter the Petitioner’s name.

ORespondent – Enter the Respondent’s name.

This is all that you need to write on this form.

The judge’s administrative assistant will complete the rest of the form after the hearing is

scheduled.

You can pick up the completed form from the clerk of the court or have it mailed to you (if you gave the clerk a self-addressed, postage-paid envelope at the time of filing).

This is the form that you send to the other party to let him or her know there is a hearing.

Name: ___________________________________

Address: _________________________________

City, State, ZIP: ____________________________

Daytime Telephone No: ______________________

Representing Self, Without a Lawyer

ARIZONA SUPERIOR COURT, PIMA COUNTY

the time and place stated below so the court can determine whether the relief asked for in the Petition or Motion should be granted.

INFORMATION ABOUT COURT HEARING TO BE HELD:

NAME OF JUDICIAL OFFICER:

DATE AND TIME OF HEARING:

PLACE OF HEARING: 110 W. Congress, Tucson, Arizona Courtroom:

TIME ALLOTTED FOR HEARING:

WARNING: All parties, whether represented by attorneys or not, MUST be present. If there is a failure to appear, the court may make such orders as are just, including granting the relief requested by the party who does appear.

FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A CIVIL OR CHILD SUPPORT ARREST WARRANT WHERE APPLICABLE. If you are arrested, you may be held in jail for no more than 24 hours before a hearing is held.

This is an important court order that affects your rights. If you do not understand this order, contact an attorney for help.

IT IS FURTHER ORDERED that a copy of this “Order to Appear re: Temporary Orders,” a copy of the documents filed with the Motion, a blank copy of the required financial affidavit, and a copy of Pima County Local Rule 8.5 shall be served by the moving party on the parties who are required to appear and a copy of these documents shall be mailed immediately to parties who have appeared in this action, in accordance with the Arizona Rules of Family Law Procedure, Rule 43.

IT IS FURTHER ORDERED that the parties and counsel shall meet and confer, comply with the disclosure requirements of Rule 49 of the Arizona Rules of Family Law Procedure, and complete a Financial Affidavit on a form approved by the court. At least 3 days before an evidentiary hearing, the parties shall exchange any exhibits to be presented at the hearing and a list of the names, addresses, and telephone number of ALL witnesses who may testify.

Requests for reasonable accommodation for persons with disabilities must be made to the office of the assigned judicial officer 5 days before your scheduled court date.

Instructions for Completing

Request for Order to Appear

Hearing Date

This form is required for all Temporary Order requests.

The Caption

OPersonal information – Fill in your name, street address, city, state, ZIP code, telephone number.

OCase No. – Enter your Superior Court Number, as found on the Petition. If you are filing Temporary Orders and your Petition on the same day, ask the clerk of the court for your Superior Court Number.

OAtlas No. – If you have an Atlas number enter it here. If not, leave the line blank.

OPetitioner – Enter the Petitioner’s name.

ORespondent – Enter the Respondent’s name.

OWrite the date that you filed the Order to Appear RE: Temporary Orders.

1.Type of Order to Appear

Check

O“Pre-Judgment/Pre-Decree”

O“Temporary Orders”

2.Previous matters were heard by Judge/Commissioner

OIf there has already been a hearing regarding this matter, write the name of the judge or commissioner who was in charge of that hearing.

3.Estimate time for ENTIRE hearing

OWrite your estimation of how long the hearing on temporary orders will take. Allow enough time for both parties to present their sides, a minimum of 30 minutes per party.

4.Court Reporter requested?

OCheck “Yes” if you would like a court reporter during the hearing. Otherwise the judge will use a digital recording.

5. Relief sought:

Check

OTemporary Orders

OAll other boxes that apply. This should match the boxes checked at the top of the Verified Motion. For example if you want temporary orders for legal decision-making and parenting time, check both of those boxes.

6.Contact information for other party

OIf the other party has hired an attorney, write the attorney’s name, address, and phone number. Otherwise, write the other party’s address and phone number.

OWrite the date.

OSign on the line.

OCheck if you are “Petitioner” or “Respondent.”

Name: ___________________________________

Address: _________________________________

City, State, ZIP: ____________________________

Daytime Telephone No: ______________________

Representing Self, Without a Lawyer

ARIZONA SUPERIOR COURT, PIMA COUNTY

110 W. Congress, Tucson, AZ 85701 PH (520) 724-4200 TDD (520) 724-8887

It is hereby requested that, pursuant to Local Rule 8.5, the Order to Appear filed with the Clerk of the Court on __________________ be set for hearing.

2.Previous matters were heard by Judge/Commissioner___________________________

3.Estimated time for ENTIRE hearing __________________________________________

6.Other party’s contact information

Attorney’s Name (if applicable): _____________________________________________

Address: _______________________________________________________________

Phone Number: _________________________________________________________

Instructions for Completing

Financial Affidavit

Complete this form if you are requesting temporary orders concerning spousal maintenance or attorney’s fees. If you are ONLY requesting temporary orders for child support, use the Child

Support Financial Affidavit included in this packet.

This financial affidavit helps the court determine whether to grant temporary spousal maintenance and attorney’s fees. It does not guarantee the court will grant the request.

When you give the other party a blank copy of this form, you may also provide a copy of these instructions.

The court cannot give an order on spousal maintenance or attorney’s fees without this information. Also, failing to provide the information that this form requires could result in sanctions against you. Sanctions can include the assignment of court costs and attorney fees and a charge of contempt.

The Caption

OPersonal information – Fill in your name, street address, city, state, ZIP code, telephone number.

OCase No. – Enter your Superior Court Number, as found on the Petition. If you are filing Temporary Orders and your Petition on the same day, ask the clerk of the court for your Superior Court Number.

OPetitioner – Enter the Petitioner’s name.

ORespondent – Enter the Respondent’s name.

OPrepared By – Check whether you are “Petitioner” or “Respondent.”

OCurrent As Of – Write the date you completed the form. This tells the court that all information you provide below is an accurate description of your financial status up to and including that date.

NECESSARY MONTHLY EXPENSES (page 1, left column)

These amounts should only include expenses for yourself and the minor children who reside

with you.

For each item, write the amount you pay monthly. Some categories will require you to estimate an average amount. Your amounts must be accurate statements of actual expenses. Proof may be required to verify the expenses (for example, your rental agreement), and you should bring those documents with you to the hearing.

Write the amount you spend monthly on:

ORent or mortgage

ORepairs or upkeep for your home

OElectricity, gas, water and sewer, phone, and garbage removal

OFood and household supplies

OLunch at work and school—this includes lunch for the child(ren)

OOut-of-pocket medical and dental—including medicine and supplies

OInsurance that is not deducted from your paycheck automatically

OClothing for yourself and the child(ren)

ODry-cleaning or laundry services

ODaycare or babysitting

OChild support and spousal maintenance from a previous relationship

ORepairing or maintaining your car

OCar insurance

OGas and oil for your car

OVehicle registration and license

OPublic transportation

OOn the top of the next page is the “other” category where you may write down any other monthly expenses you have.

Total Monthly Expenses (page 2, left column)

OAdd the amounts from the left column, pages 1 & 2, and write the total on the line.

MONTHLY PAYMENTS/DEBTS (page 1, right column)

This section is for other debts that you may owe and the payments you make on these debts, such as on credit cards.

OWrite the creditor, the balance remaining, and the amount you pay each month. If you

need more space, attach an additional sheet. Total Monthly Payments (page 1, right column)

OAdd the debt payment amounts and write the total on the line.

Total Expenses, Payments (page 1, right column)

OAdd “Total Monthly Expenses” (page 2) to “Total Monthly Payments” (page 1) and write

the total on the line. INCOME (page 1, right column)

OWrite the total amount of money you make in each paycheck, before any deductions. This is your “GROSS PAYCHECK.”

OCheck how often you receive this paycheck.

OWrite how much is taken out of your paycheck for:

OFederal taxes

OState taxes

OSocial security (SSI) & Medicare

OInsurance

OSavings, retirement plans, etc.

OOther deductions (write the reason on the line)

Total Deductions (page 1, right column)

OTotal all deductions and write the amount on the line.

Net Paycheck (page 1, bottom of right column)

OSubtract “Total Deductions” from “GROSS PAYCHECK” and write the amount on the line.

OTHER GROSS MONTHLY INCOME (page 2, top of right column)

OGA/TANF

OAny other monthly income not already mentioned (write the source on the line) Note: any child support payments you receive should not be included in income.

Total OTHER Gross Income (page 2, right column)

OAdd the amounts in this section and write the total on the line.

TOTAL GROSS MONTHLY INCOME (page 2, left side)

OAdd “Net Paycheck” (on page 1) to “Total Other Gross Income” and write the total on the line.

Present Occupation

OWrite your current occupation, the date you started, and the name, address, and telephone number of your current employer.

OIf you are not currently employed, write “N/A” on the first line.

Prior Occupation

OWrite your prior occupation, the date you started working, your monthly income at that job, the date the job ended, and the name, address, and telephone number of your prior employer.

OIf you do not have a prior occupation, write “N/A” on the first line.

Not Employed (if you are currently employed, leave this section blank)

OIf you are not currently employed, explain why.

OCheck “Yes” if you expect to work and “No” if you do not expect to work in the future.

OIf you expect to work in the future, write the date you plan to start working.

OWrite the occupation you anticipate having in the future.

All Minor Children

OWrite the full name(s) and age(s) of your biological and adopted minor children who live with you. This includes children not connected to this case, but does not include stepchildren. You may attach an additional page, if needed.

OIf there are no minor children living with you, write “N/A” on the line.

Pregnancy

OCheck “Yes” if you or your spouse is pregnant. Check “No” if neither of you are pregnant.

OIf you or your spouse is pregnant, write the expected delivery date on the line.

Physical Defects or Diseases

OIf you or any of your minor children suffer from any physical defects or diseases, explain the situation on the lines. You may attach an additional page, if needed.

OIf not, write “N/A.”

Such situations can affect your finances, so the court needs to take this information into account when determining whether or not to grant temporary orders for spousal maintenance and

attorney’s fees.

Bank Accounts

Here you will tell the court about all bank accounts (1) in your name, (2) in the names of you and

your spouse, and (3) in which you have an interest, meaning you have a right, claim, or legal

share in the account but it isn’t in your name.

The court wants to know about your checking and savings accounts, money market accounts, accounts at credit unions, any certificates of deposit you might have, and any other accounts. If you need more room, attach an additional sheet of paper.

For each account, write the:

OName of the bank and the branch location you use

OKind of account (for example, checking, savings, money market, etc.)

OLast four digits ONLY of the account number

OAccount’s average balance. This information can often be found on monthly statements.

On the lines, list information for:

OAll cash, stocks, shares, and bonds that are in your name (either alone or with your spouse) or in which you have an interest.

Attorney’s Fees & Court Costs

OWrite how much you have paid an attorney for assistance with this case

OWrite how much you have paid for court costs (such as filing fees)

Additional Debts

OWrite who you owe under “creditor,” the balance you owe, and the monthly payment for each debt. This section should include the debts already listed on the form, on page 1.

Date & Signature

ODO NOT SIGN the form except in front of a notary. When you file the papers with the court, sign the form in front of the clerk. The clerk will notarize your signature for free. You must bring a valid, government-issued picture ID (such as a driver’s license) so the clerk knows whose signature is being verified.

OYou can write your name on the first line and check whether you are “Petitioner” or “Respondent” beneath the second line, but do not sign.

Additional Documentation

In order to show the court that the numbers you wrote on the form are accurate, bring to the hearing:

∙Proof of past income (past two years of completed tax returns, W-2 forms, 1099 forms, and K-1 forms).

∙Up-to-date income information for current year (a pay stub showing year-to-date

earnings, and proof of any other source of income—including but not limited to salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance).

∙Proof of payments for court-ordered child support or spousal maintenance NOT connected to this case.

∙Proof of all medical, dental, and vision insurance premiums paid for you and any child connected to this case.

∙Proof of any child care expenses paid for any child connected to this case.

∙Proof of any payments for private or special schools or other particular education needs for any child connected to this case.

∙Proof of payments for a child with special needs connected to this case.

∙Proof of payments for necessary monthly expenses (bills for mortgage/rent, home & car repairs, utilities, food & household supplies, lunches, insurance, clothing & laundry, childcare, licenses, etc.).

After completing the form, you must give it to the clerk for it to be filed. You do not have to give the clerk the other financial documents listed above. Do not attach the other financial documents listed above to the original affidavit that you file with the clerk.

Family law court files are public records. That means that if you give copies of your pay stubs, income tax returns, etc., to the clerk of the court to be filed, all of that paperwork will be available for the public to see. So DO NOT ATTACH financial

documents to the FINANCIAL AFFIDAVIT.

Name: ___________________________________

Address: _________________________________

City, State, ZIP: ____________________________

Daytime Telephone No: ______________________

Representing Self, Without a Lawyer

ARIZONA SUPERIOR COURT, PIMA COUNTY

INSTRUCTIONS: Prepare this form following the instructions on the attached instruction sheet. Failure to provide the information required may result in the Court imposing sanctions against you pursuant to Rule 71 and/or 76D, Arizona Rules of Family Law Procedure.

NECESSARY MONTHLY EXPENSES (For yourself and minor children who reside with you)

Instructions for Completing

Child Support

Financial Affidavit

You should complete this form if you are ONLY requesting temporary orders for child support. If you are requesting temporary orders for spousal maintenance or attorney’s fees, complete the

longer financial affidavit.

This financial affidavit helps the court determine whether to grant temporary child support. It does not guarantee the court will grant the request.

When you give the other party a blank copy of this form, you may also provide a copy of these instructions.

Failing to provide the information that this form requires could result in sanctions against you. Sanctions can include dismissal of your claim, assignment of court costs and attorney fees, and a charge of contempt.

The Caption

OPersonal information – Fill in your name, street address, city, state, ZIP code, telephone number.

OCase No. – Enter your Superior Court Number, as found on the Petition. If you are filing Temporary Orders and your Petition on the same day, ask the clerk of the court for your Superior Court Number.

OPetitioner – Enter the Petitioner’s name.

ORespondent – Enter the Respondent’s name.

OPrepared By – Check whether you are “Petitioner” or “Respondent.”

OCurrent As Of – Write the date you completed the form. This tells the court that all information you provide below is an accurate description of your financial status up to and including that date.

NECESSARY MONTHLY EXPENSES (left column)

Many of the amounts on this form will be the same as those you will include in the Parent’s

Worksheet for Child Support Amount. See Packet # 8, Child Support.

For each item, write the amount you pay monthly. These amounts should only include expenses for minor children involved in this case. Some categories will require you to estimate an average amount. Your amounts must be accurate statements of actual expenses. Proof may be required to verify the expenses (for example, your childcare bill), and you should bring those documents with you to the hearing.

Write the amount you spend monthly on:

OChild(ren)’s Medical & Dental Insurance

OChildcare/Sitter

OOther Spousal Maintenance (not connected to this case)

OChild Support for Other Child(ren) (not connected to this case)

OChildren’s Education (tuition and other necessary expenses)

OExtraordinary Child Expenses (expenses for gifted or handicapped children).

OList exactly what these expenses are and the monthly amounts.

Total Monthly Expenses (left column)

OAdd the expense amounts and write the total on the line.

INCOME (right column)

OWrite the total amount of money you make in each paycheck, before any deductions.

This is your “GROSS PAYCHECK.”

OCheck how often you receive this paycheck.

OTHER GROSS MONTHLY INCOME (right column)

Write how much monthly income, if any, you receive from:

OGA/TANF

OAny other monthly income not already mentioned (write the source on the line) Note: any child support payments you receive should not be included in income.

Total OTHER Gross Income (right column)

OAdd the amounts of your other gross monthly income and write the total on the line

ANNUAL PARENTING TIME DAYS:

Write on the lines how many parenting time days you have with the child(ren) each year during:

OSummer periods

OHolidays and school breaks

OWeekends

OWeekdays

OOther (please explain this “other” time)

OAdd the days and write the total on the line.

Present Occupation

OWrite your current occupation, the date you started, and the name, address, and telephone number of your current employer.

OIf you are not currently employed, write “N/A” on the first line.

Prior Occupation

OWrite your prior occupation, the date you started working, your monthly income at that job, the date the job ended, and the name, address, and telephone number of your prior employer.

OIf you do not have a prior occupation, write “N/A” on the first line.

Not Employed (if you are currently employed, leave this section blank)

OIf you are not currently employed, explain why.

OCheck “Yes” if you expect to work and “No” if you do not expect to work in the future.

OIf you expect to work in the future, write the date you plan to start working.

OWrite the occupation you anticipate having in the future.

All Minor Children

OWrite the full name(s) and age(s) of all minor children who live with you. This includes children not connected to this case.

OIf there are no minor children living with you, write “N/A” on the line.

Pregnancy

OCheck “Yes” if you or your spouse is pregnant. Check “No” if neither of you are pregnant.

OIf you or your spouse is pregnant, write the expected delivery date on the line.

Physical Defects or Diseases

OIf you or any of your minor children suffer from any physical defects or diseases, explain the situation on the lines.

OIf not, write “N/A.”

Such situations can affect your finances, so the court needs to take this information into account when determining whether or not to grant temporary orders for child support.

Bank Accounts

Here you will tell the court about all bank accounts (1) in your name, (2) in the names of you and your spouse, and (3) in which you have an interest, meaning you have a right, claim, or legal

share in the account but it isn’t in your name.

The court wants to know about your checking and savings accounts, money market accounts, accounts at credit unions, any certificates of deposit you might have, and any other accounts. If you need more room, attach an additional sheet of paper.

For each account write the:

OName of the bank and the branch location you use

OKind of account (for example, checking, savings, money market, etc.)

OLast four digits ONLY of the account number

OAccount’s average balance. This information can often be found on monthly statements.

On the lines, list information for:

OAll cash, stocks, shares, and bonds that are in your name (either alone or with your spouse) or in which you have an interest.

Attorney’s Fees & Court Costs

OWrite how much you have paid an attorney for assistance with this case.

OWrite how much you have paid for court costs (such as filing fees).

Date & Signature

ODO NOT SIGN the form except in front of a notary. When you file the papers with the court, sign the form in front of the clerk. The clerk will notarize your signature for free. You must bring a valid, government-issued picture ID (such as a driver’s license) so the clerk knows whose signature is being verified.

OYou can write your name on the first line and check whether you are “Petitioner” or “Respondent” beneath the second line, but do not sign.

Additional Documentation

In order to show the court that the numbers you wrote on the form are accurate, bring to the hearing:

∙Proof of past income (past two years of completed tax returns, W-2 forms, 1099 forms,

and K-1 forms).

∙Up-to-date income information for current year (a pay stub showing year-to-date earnings, and proof of any other source of income—including but not limited to salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance).

∙Proof of payments for court-ordered child support or spousal maintenance NOT connected to this case.

∙Proof of all medical, dental, and vision insurance premiums paid for you and any child connected to this case.

∙Proof of any child care expenses paid for any child connected to this case.

∙Proof of any payments for private or special schools or other particular education needs for any child connected to this case.

∙Proof of payments for a child with special needs connected to this case.

∙Proof of payments for necessary monthly expenses (bills for mortgage/rent, home & car repairs, utilities, food & household supplies, lunches, insurance, clothing & laundry, childcare, licenses, etc.).

After completing the form, you must give it to the clerk for it to be filed. You do not have to give the clerk the other financial documents listed above. Do not attach the other financial documents listed above to the original affidavit that you file with the clerk.

Family law court files are public records. That means that if you give copies of your pay stubs, income tax returns, etc., to the clerk of the court to be filed, all of that paperwork will be available for the public to see.

Name: ___________________________________

Address: _________________________________

City, State, ZIP: ____________________________

Daytime Telephone No: ______________________

Representing Self, Without a Lawyer

ARIZONA SUPERIOR COURT, PIMA COUNTY

INSTRUCTIONS: Prepare this form following the instructions on the attached instruction sheet. Failure to provide the information required may result in the Court imposing sanctions against you pursuant to Rule 71 and/or 76D, Arizona Rules of Family Law Procedure.

Other: __________ Please explain: _______________________________________________

____________________________________________________________________________

Total Annual Parenting Time Days: __________

Present Occupation ______________________ Starting Date: ______________

Name of present employer _____________________________________________________

Address _____________________________________________________

Telephone No. _____________________________________________________

Prior Occupation ________________________ Starting Date: ______________

8.5 Affidavits Required; Pleading and Practice

(A) Financial Affidavits; Production of Documents.

(1)Forms of Financial Affidavits. There shall be two forms of financial affidavits: a) a child support financial affidavit and, b) a spousal maintenance financial affidavit as permissible alternatives to the Affidavit of Financial Information in the Appendix to Rule 97, Arizona Rules of Family Law Procedure. Wherever the term financial affidavit is used in this rule, it shall refer to the relevant court-approved financial affidavit. In any proceeding where the establishment or modification of child support or a request for an award of attorney fees and/or expenses is in issue, but not spousal maintenance, a child support financial affidavit shall be filed. In all other proceedings where the establishment or modification of spousal maintenance alone, or in combination with child support or a request for an award of attorney fees and/or expenses is in issue, a spousal maintenance financial affidavit shall be filed. No filing or appearance fee shall be charged for the filing of the opposing party's financial affidavit, unless otherwise provided by law. In all cases a party may choose to use the Affidavit of Financial Information in the Appendix to Rule 97, Arizona Rules of Family Law Procedure.

(2)Duty to Document Change in Financial Circumstances in the Financial Affidavit. In any proceeding for establishment or modification of child support or spousal maintenance, a request for an award of attorney fees and/or expenses, or a proceeding for failure to pay any of the foregoing, a party may not present testimony regarding any change in his or her financial circumstances between the date of the most recent financial affidavit and the date of the hearing or trial, unless an amended financial affidavit setting forth the changes has been filed or good cause is shown.

(3)Documents to Be Provided to the Other Party. The documents listed below shall not be filed with the Clerk of the Court, or attached to any papers filed with the Clerk of the Court, but must be provided to the other party. In any proceeding for establishment or modification of child support, spousal maintenance or attorney's fees and expenses, within the time provided by this Rule, each party shall provide to the other party, copies of the following documents:

(a)that party's most recently filed federal and state income tax returns;

(b)that party's four most recent consecutive wage statements from all employment;

(c)that party's most recent W-2, 1099, and K-1 forms;

(d)for establishment or modification of child support proceedings, employer provided statement of cost of health and dental insurance coverage for the parties' minor children.

The Order to Appear shall specifically direct both parties to comply with this rule. The Order to Appear shall not require the production of any additional documents, but this does not preclude the applicant from requesting additional documents through discovery procedures.

(B)Time. Whenever this rule requires a party to provide documents or the relevant financial affidavit, a copy shall be provided to the other party no later than 4 court days prior to the date set for hearing or 2 court days after service of the Order to Appear, whichever is later.

(C)Order to Appear for Temporary Orders. When a request for an Order to Appear is made for temporary spousal maintenance, child support, or a request for an award of attorney fees and/or expenses, the applicant shall file the original petition and the required financial affidavit

with the Clerk of the Court. A copy of the petition and required financial affidavit shall be provided to the assigned division at the time of the request for issuance of the Order to Appear. A copy of each shall also be served upon the opposing party, along with a blank copy of the required financial affidavit and a copy of Pima County Local Rule 8.5. The opposing party shall file the required financial affidavit, a copy of which shall be provided to the applicant's attorney, or, if unrepresented, to the applicant within the time provided by this rule.

(D) Petition for Modification of Spousal Maintenance or Child Support.

(1)Petition for Modification of Spousal Maintenance. A petition for modification of a prior order for spousal maintenance shall set forth verbatim in the body of the petition the order sought to be modified, or shall comply with Pima County Local Rule 8.2(C). The applicant shall file the original of the petition and two required spousal maintenance financial affidavits. The first financial affidavit shall demonstrate the current financial circumstances of the party seeking the modification. The second financial affidavit shall demonstrate the financial circumstances of the party seeking the modification as of the date of the order sought to be modified. If a financial affidavit reflecting a party's financial circumstances at that time was previously filed with the Court a copy shall be attached to the petition for modification. A copy of the petition and the financial affidavits shall be provided to the assigned division at the time of the request for issuance of the Order to Appear. A copy of each financial affidavit shall be served upon the opposing party, along with blank copies of the required financial affidavits and a copy of Pima County Local Rule 8.5. The opposing party shall file the required financial affidavits, and provide a copy to the applicant's attorney, or if unrepresented, the applicant, within the time provided by this rule.

(2)Petition for Modification of Child Support. A petition for modification of child support shall set forth the amount of child support currently in effect or shall set forth verbatim in the body of the petition the order sought to be modified, or shall comply with Pima County Local Rule 8.2(c). The applicant shall file the petition to modify and a child support financial affidavit, which reflects the current circumstances of the party seeking a modification. A copy of the petition and the financial affidavit shall be provided to the assigned division at the time of the request for issuance of the Order to Appear. A copy of each shall be served upon the opposing party, along with a blank copy of the required financial affidavit and a copy of Pima County Local Rule 8.5. The opposing party shall file the required financial affidavit, and provide a copy to the applicant's attorney, or if unrepresented, the applicant, within the time provided by this rule. This provision does not apply to modifications filed pursuant to the Simplified Procedure set forth in the Arizona Child Support Guidelines. An agency authorized by law to request a modification of an existing Order on behalf of the State of Arizona shall not be required to strictly comply with the provisions of this local rule requiring a child support financial affidavit if the information is not reasonably available to the agency prior to filing the petition.

(3)Stipulation to Modify Child Support. Should the parties reach an agreement and submit a stipulation to the court to modify child support they shall submit a proposed form of Child Support Order, Order of Assignment and a worksheet containing detailed information supporting compliance with or a deviation from the Child Support Guidelines.

(E)Failure to Pay Child Support, Spousal Maintenance, or Attorney Fees and Expenses. In an action for failure to pay child support, spousal maintenance, or attorney fees and expenses, the opposing party shall file with the Court the required financial affidavit and provide a copy to the applicant's attorney, or if unrepresented, the applicant, within the time provided by Pima County Local Rule 8.5. The documents listed below shall not be filed with the Clerk of the Court or attached to any papers filed with the Clerk of the Court but must be provided to the

other party. The opposing party shall also provide the applicant's attorney, of if unrepresented, the applicant, copies of the following documents:

(1)that party's most recently filed federal and state income tax returns;

(2)that party's four most recent consecutive wage statements from all employment;

(3)that party's most recent W-2, 1099, and K-1 forms.

These documents shall not be filed with the Clerk of the Court.

The Order to Appear shall specifically direct the respondent to comply with Pima County Local Rule 8.5. The Order to Appear shall not require the production of any additional documents, but this does not preclude the applicant from requesting additional documents through discovery procedures.

(F)Failure to Comply with Pima County Local Rule 8.5. If either party fails to comply with any part of Pima County Local Rule 8.5, upon the complying party's request or the court's own motion and in the absence of good cause, the court may:

(1)vacate or continue the hearing;

(2)enter an interim award of relief in favor of a complying party and against a non-complying party based on the complying party's financial affidavit;

(3)award a complying party his or her attorney fees and expenses incurred in preparing for and attending the hearing;

(4)enter other appropriate relief.

For purposes of making an interim award the court may, on its own motion, examine either party if it deems such examination necessary. The non-complying party may be precluded from introducing any evidence and/or cross-examination for purposes of making an interim award.

(G) Petitions to Modify Legal Decision-Making.

(1)A party seeking and a party responding to a Petition for Modification of Legal Decision- Making shall file with the Clerk of the Court an Affidavit Regarding Minor Children required by A.R.S. § 25-1039.

(2)Five days after expiration of the time permitted for the filing of the response and/or the controverting affidavits, either party or attorney shall provide the approved form for a Request for Order Granting or Denying Legal Decision-Making Hearing, and a separate Order Granting or Denying Request for Legal Decision-Making Hearing to the Presiding Judge of the Family Law Bench.

(3)The Presiding Judge of the Family Law Bench shall rule on the Request for Order Granting or Denying Legal Decision-Making Hearing or refer the matter to the assigned division for a ruling.

(4)Copies of the Petition, Response, or Controverting Affidavits shall not be provided to the

Presiding Judge of the Family Law Bench or the assigned division.

A trial for modification of a legal decision-making order or decree shall not be set unless there is compliance with A.R.S. § 25-411 and Rule 91(d), Arizona Rules of Family Law Procedure.

(H)Hearings. Matters set for hearing shall proceed by oral argument only, without testimony or other evidence, unless notice has been given that testimony or other evidence will be presented.