Family Law Questions? Ask a Family Lawyer Online.
Bankruptcy Automatic Stay does not affect Temporary Orders for domestic support obligations such as child support and spousal support. It also does not affect custody and visitation issues. So, I am not sure what type of Temporary Orders hearing that you had scheduled on the 29th that had to be postponed because of bankruptcy Automatic Stay. Kindly clarify.
Also, you need to edit your post. I am having difficulty understanding what has transpired in your case. I know that you are upset. However, I cannot help you if I do not have clear understanding of the issues.
Thank you for your cooperation.
Thank you for the information.
Yes, you are correct. Since this is a clerical error, you should not have to do something again in order to get the hearing on the contempt immediately in front of the Judge. You need to call the Clerk's office and tell them to schedule the hearing immediately without further delay on their own Motion since they made the mistake and not you. Otherwise, you should demand to speak with the Register or the Chief of Clerks about your concerns. The Clerk made an error and a new hearing date must be scheduled immediately by the Court without any Motion from you.
It would be at the Superior Court where your case is pending.
Yes, you can file it on your own.
Arizona Courts have a very user-friendly website where you can obtain forms and instructions:
If you are filing it, it would be a civil matter.
However, charges of perjury and adultery can be criminal and can only be brought by the State of Arizona against your spouse. Regrettably, it is highly unlikely for the State of Arizona under budget constraints to prosecute this type of action.
Re: issues of adultery, perjury, and abandonment:
See Arizona Revised Statutes Title 13, Chapter 14 Section 13-408; Chapter 27; Chapter 36:
With regard to the issues with your Attorney, if he has already filed a Motion to Compel, he can do request for voluntary withdrawal of the Motion if a response has not been filed. That is, if your husband and/or his Attorney has not filed a response to the Motion. The reason for the voluntary withdrawal would be that the Clerk's office needs to schedule a hearing on its Motion without further delay because the Clerk's office made the error of not bringing your contempt action in front of the Judge.
If your Attorney refuses to go along, then you need to contact the Clerk's office directly to disregard the Motion and schedule a hearing immediately without further delay.