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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17531
Experience:  B.A.; M.B.A.; J.D.
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1. Hearing yesterday to enforceTemporary orders that husband

Customer Question

1. Hearing yesterday to enforceTemporary orders that husband purposely did not comply to Going on 60 days
2.Everyone which means Me my husband attorney and my husband knew that it was a hearing to enforce temporary orders or he would go to jail everyone that is except the judge because one of the clerks gave her the wrong form or the wrong information
3. I have been waiting 10 months to get some money and I still haven't gotten any yet due to the judge clerks fault now I'm still suffering how do I make my suffering go away ?I feel that iSince it was clearly not my fault I shouldn't have to file any motion I did what I was supposed to do it was the judges clerks fault so there has to be something where I don't have to go through all these channels to make this happen very quickly5.Cleary a horrible big big mistake that cost me another day off work now not only for my husband's shenanigans but for the judges clerks incompetency.3. Again why the judge was not too happy with her clerk she forgot that I had set before her 60 days ago now its 10 months and my husband still hasn't paid and then she had the audacity to give him till March 30th for his attorney his new attorney to get information from him In reference to his financial information that's not fair and that's not right. The judge had already given him the time to make this right
4. This is clearly a mistake by the judges clerks and
this is not my fault why should i have to pay or at least make the clerk pay me. I will be destitute by March 30 another 45 days!!!!!
5. there is a date on February 29th available because called the judge's clerk and that was a date for us to be there but we vacated that date because my husband went and filed this fraudlaent chapter 13 which puts everything else on a automatic stay all except spousal support
5. So now what type of motion must I file it is an emergency I'm going to be out on the street I cannot wait until March 30th it's not fair it was not my fault so the judge has to understand this I need money my husband has lots of money
Please advise
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
What court are these chatges filed in? Abandement, perjury and adultery
And can I file my own charges or claim?
Expert:  Phillips Esq. replied 9 months ago.

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.

Customer: replied 9 months ago.
1. Temp.orders for spousal maintenance.
2. Original docket had correct information saying the hearing was for 30 minutes to "enforce order for temp spousal mainteance.
3. However judges clerk or someone made an error and switched what was on dockets to RMC which had already taken place in November.
4. So judge was misinformed thus instead of proceeding mistankly gave my husband more time until march 30 due to her clerks error.
5. I was devastated. I gave been waiting months 10 and have had no money and now 45 more days due to courts fault.
6. The date of Feb 29th was another date we had for our final trial but of course my husband knew since he filed that chptr 13 we could not have it.
7. So I telephoned judges clerk and he said the date of Feb 29 was still open on calender.
8. He told me to file a motion to enforce or compel immediately. I feel since it was there fault to begin with why would I need to file anything
9.
Customer: replied 9 months ago.
This is not fair not right just plain unjust
Customer: replied 9 months ago.
if you don't understand after I've edited this I have been speaking with "Lucy so perhaps I need to speak with her further because she understands what I'm talking about but right now time is of the essence most people understand what am talking about I try to put it in numerical order please help if not I can I speak with Lucy
Expert:  Phillips Esq. replied 9 months ago.

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.

Customer: replied 9 months ago.
Thank you Your a rock star
NowMy last question was what Court what I file issues like abandonment perjury and adultery can I file it myself
Expert:  Phillips Esq. replied 9 months ago.

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:

http://www.azcourts.gov/

Customer: replied 9 months ago.
but I need to know Are these criminal or civil?
Expert:  Phillips Esq. replied 9 months ago.

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.

Customer: replied 9 months ago.
Ok ThanksAs it pertains to the first question I asked or long question I asked this is what I actually have had for that case for my case
I had a very young attorney that didn't know what to do as far as my case goes and he is now not willing to work with me because I'm too strong he says but he did go ahead and do a motion To compeland I said I don't believe you need to be doing that
Now he's trying to withdraw I need to call him because his name is ***** ***** therecan I go past him and do what I need to doif I don't really want to make any complaint against him because he is new to the bar and he don't know anything andI don't have time How do I either compel him to do it or can I just go ahead and bypass them and talk to the clerk and tell them about my attorney I don't have time to go to the bar or malpractice I don't want to do that
Expert:  Phillips Esq. replied 9 months ago.

Re: issues of adultery, perjury, and abandonment:

See Arizona Revised Statutes Title 13, Chapter 14 Section 13-408; Chapter 27; Chapter 36:

http://www.azleg.gov/arizonarevisedstatutes.asp?Title=13

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.

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