Irvine, CA asked in Divorce, Child Custody and Domestic Violence for Arizona

Q: I filed a motion for reconsideration today based on ARS 95a and ARS 83b after being ordered to pay 2k for TI at RMC

RMC was a circus. BIA and TI not present. Father making wild allegations with no evidence. Judge had tech issues and could not access electronic records to review our motions. Court made orders based on hearsay and wording on order says “MOTHER shall provide requested paperwork to TI and payment for services by 7-21-23. Visits to begin 7-24-23. I filed a motion to reconsider based on 95a (hearing on income to afford it) and 83b because the exhibits presented showed Mother filed intake paperwork back on May 1st and only issue is payment. Mother is on SS disability and found indigent on a FEE WAIVER for the court. Plus order is vague and makes it sound like mother is the only one that needs to pay and holding up services for visits with dad. Court mentioned in another order both parents pay 50% of the 4K fees unless Office of public defense can help pay the costs. Im asking the court vacate orders from RMC, request office of public defense pay what they can and 50% of the rest is parents

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
Answered
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I'm not sure what your question is, but I certainly wish you well on the Motion to Reconsider, as the judge should consider your ability to pay for services. I hope the public defense office can foot most of the bill.

As an aside and just as an FYI: Hearsay is permitted in family court proceedings.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.