questions & answers

Question: I was recently served papers concerning a request to modify child support. The order to appear was not signed by a judge and the paperwork was not complete. 1) Should I have received an Order to Appear from the court? 2) Since the papers were incomplete and not signed by a judge, do I need to respond? 3) If so, what papers should I file when the papers I was served were incomplete and not signed?

Answer: There is no order to appear signed by a judge in family court.  It works like this:  One party files a motion to modify child support and serves the papers on the other.  Rule 4(d) of the Arizona Rules of Civil Procedure requires process to be served by a process server, sheriff's deputy or other authorized person.  When the papers are served, the receiving party generally has a limited time to file a response and serve those papers on party number 1.  Until then, the judge is not really involved.  Once both sides have served their pleadings and any accompanying documents, the court usually sets a hearing.  If the documents are sufficient and no hearing is requested, he can simply rule on the matter.  It sounds like you are very confused on this issue and would benefit from talking to an attorney in a face to face meeting.  There are three programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  You will need to apply for the program and meet the financial need qualifications.  Once qualified, Modest Means will send you a list of attorneys to choose from.  Then, for a $75 fee, you will receive a one hour consultation with the attorney.  If you need additional help and the attorney agrees to take your case, the fee charged will not be more than $75 per hour.  The telephone number is (866)  637-5341.  Both Maricopa and Pima County Bar Associations have Lawyer Referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer referral Service offers a 30 minute consult with an experienced attorney for a fee of $40.  The telephone number is: (602) 257-4434.  Pima County Lawyer Referral Service offers a 30 minute consult with an experienced attorney for a fee of $35.  The telephone number is (520) 623-4625.