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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17881
Experience:  B.A.; M.B.A.; J.D.
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This is friend (Honestly). Arizona Divorce law? Divorce

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This is for my friend (Honestly). Arizona Divorce law? Divorce decree is 70/30 wife/husband. Wife is in the habit of taking the kids to a doctor (braces, therapy,etc.) without asking, setting up future appointments and procedures like Braces an so forth. With zero communication she decides who, what, when where. She then emails him (due to her past verbal abuse they only communicate via email) the information. She said their son needs braces. He replied "Ok but I can not afford it in any way. I'd like to but you know I simply don't make enough." He literally is below the poverty line and at 45 lives paycheck to paycheck due to her actions and how she went about things. Her parents are well off and she literally set him up pre-divorce. She has even physically attacked him. He looked into Braces and found not only better orthodontists but a great number a LOT cheaper. Fast forward a few years later. She sues for the 30%. She submitted all types of her own spread sheets, didn't have full invoices and for some reason the Judge not only granted her full reimbursement, he then scheduled an unrealistic payment plan.
I can forward the court documents if needed. He has M.S. and mentally is holding on by a thread. Stress makes the M.S. worse and he is in a deep depression. She knows about the M.S. and Stress makes it worse but she is relentless. She has been over paid by the clearing house's records more than what he owes but yet he gets this. He is in desperate need of help. She makes 70K a year, she has wealthy parents and just lives to beat him physically or mentally. Unrelated but to show who she is, she has now started this with her kids. Her 17 year old Daughter is now going to therapy because she is being harassed at school because Mom looks through her stuff and calls her friends and tells them off. I wouldn't call her Evil but Extreme Narcissist with an Oedipus Complex for sure. Any way to appeal a Family Court Ruling? Or any option at this point was "Ordered"? Again, more than happy to forward Court Documents.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
This is for my friend (Honestly). Arizona Divorce law? Divorce decree is 70/30 wife/husband. Wife is in the habit of taking the kids to a doctor (braces, therapy,etc.) without asking, setting up future appointments and procedures like Braces an so forth. With zero communication she decides who, what, when where. She then emails him (due to her past verbal abuse they only communicate via email) the information. She said their son needs braces. He replied "Ok but I can not afford it in any way. I'd like to but you know I simply don't make enough." He literally is below the poverty line and at 45 lives paycheck to paycheck due to her actions and how she went about things. Her parents are well off and she literally set him up pre-divorce. She has even physically attacked him. He looked into Braces and found not only better orthodontists but a great number a LOT cheaper. Fast forward a few years later. She sues for the 30%. She submitted all types of her own spread sheets, didn't have full invoices and for some reason the Judge not only granted her full reimbursement, he then scheduled an unrealistic payment plan.
I can forward the court documents if needed. He has M.S. and mentally is holding on by a thread. Stress makes the M.S. worse and he is in a deep depression. She knows about the M.S. and Stress makes it worse but she is relentless. She has been over paid by the clearing house's records more than what he owes but yet he gets this. He is in desperate need of help. She makes 70K a year, she has wealthy parents and just lives to beat him physically or mentally. Unrelated but to show who she is, she has now started this with her kids. Her 17 year old Daughter is now going to therapy because she is being harassed at school because Mom looks through her stuff and calls her friends and tells them off. I wouldn't call her Evil but Extreme Narcissist with an Oedipus Complex for sure. Any way to appeal a Family Court Ruling? Or any option at this point was "Ordered"? Again, more than happy to forward Court Documents.

Response: Your friend can file Motion for the Court to reconsider the payment plan and submit his financial information to back up his Motion. He should also submit notes from his doctors regarding his MS and how his ex-wife’s actions are causing him a lot of stress and making his MS worse. Ex-wife is supposed to consult with him before incurring the expenses, but does not do so and the Court is now rewarding her for not complying with Court Order and using the most expensive services instead of shopping around.
He can obtain blank Motion forms at the Courthouse in the Clerk's office.
Customer: replied 1 year ago.
Sounds like a GREAT start. He has been through hell with her. Just never ends. To show you the type of person she is, over the years as a normal newlywed couple does from time to time, her parents helped out financially. Downpayment for a home, money to fix the roof, an A/C once I believe. He never asked this being 10 years pre-divorce and she controlled everything. A month before she filed Divorce (unknown to him she had already hired a lawyer, well her Parents hired her a Lawyer and them a separate Lawyer). We know this by hire dates after the fact. She said to him that her Parents needed them to sign "loan" papers for the money they were gifted/borrowed because of her Parent's Company needed it for taxes (they ran a family business for years). Now since she wore the pants, paid the bills, and made literally all decisions he signed not knowing a Divorce was in works already. 1 month after he signed the paper for the loans, she filed and then the Parents filed on him for repayment. She worked for her Dad's business and while Dad was paying for all her expenses, and lawyer to pound him, she was accusing him of external money from his parents and wanted more. She would enroll the kids in anything she could think of just to force him to pay more. ALL with no communication or communication after the fact. Tutors, Doctors, Therapists, Camp, Orthodontists, etc. His lawyer when this first started could have had this in hand but just left him in the wind like I said for her new Job.She just keeps going. This year she decided to file for all this and then violated the Divorce Decree by claiming both kids on her Taxes. This is his year to claim the Son, she claimed both. Any idea on how that works? How he can bring that to light? I do not understand how she literally has gotten away with outright deception and the Court simply does not care. Now being a lawyer he doesn't know what he can or can't do.I will pass this along. Thank you so much. It is a start!! Is there any free help offices, pro bono type places, assistant departments he can turn to? Thank you again. Not knowing he can file in return he was thinking he had to sell his car or go to jail. Between this and the MS he is on the brink. It scares the hell out of me. We all think she is trying to force him to do something desperate. Sorry I wrote so much. Thanks again. Appreciate any further direction.Thank you so much! Have a great week! I can send the PDF if you'd like for the Order and the payment schedule?
Expert:  Phillips Esq. replied 1 year ago.
Thank you for the additional information.
Please remember and you need to tell him this: There is always hope even at the darkest hour. Light always comes after darkness. So, he should stay the course.
As for her claiming the children in her tax returns in violation of the Court Order, he should file contempt action against her and get an Order from the Court to claim the kids for next year and year after that to make up for her wrongful action.
He can obtain contempt forms at the Courthouse in the Clerk's office. You can check on the Court's website for the forms. I did a quick search but did not find any.
http://www.azcourts.gov/Self-Help
To see if he can obtain free legal services, click on the link below:
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=arizona%20free%20legal%20services
No, I do not need to see a copy of the Order.
Best wishes to you all,
Customer: replied 1 year ago.
THANK YOU!!!!
Expert:  Phillips Esq. replied 1 year ago.
You are quite Welcome!

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