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LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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In Arizona, I filed a petition to Enforce Child Support -

Customer Question

In Arizona, I filed a petition to Enforce Child Support - Medical Expense Reimbursement. I am now ordered to serve the other party with documents. My question is, do I serve the other party directly or serve his attorney? How do I serve his attorney if need be?
Submitted: 4 months ago.
Category: Family Law
Expert:  LegalGems replied 4 months ago.

Please see page 13 of the attached:

It states that the other party is to be personally served- this cannot be done by anyone that is a party to the action; rather it must be done by an adult that is not involved.

relevant rules are here:

the proof of service is then filed with the court.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
I read that, but that doesn't clarify my question. That is for a case with no attorneys. On the order I received from the court it shows:
Attorney's Name
Attorneys for Respondent
(copy to be served)
Expert:  LegalGems replied 4 months ago.

The rules apply to cases with attorneys to- in order to hold a party in contempt (failure to abide by a prior court order) one must show actual and wilful violation of the law, so the person must be individually served (and personally served). Generally one will serve the attorney of record also but the rules specify the opposing party must be served. If the order states that attorney is to be personally served, then one would need to comply with that order also.

Here is the rule:

H. Other Post-Decree and Post-Judgment Petitions. Any party seeking any other postdecree or post-judgment relief not specifically addressed in this rule shall file a petition in compliance with paragraph A setting forth detailed facts supporting the requested relief, together with the specific legal authority that confers subject matter jurisdiction upon or authorizes the family court to grant the relief requested. A copy of the petition and an original Order to Appear to be issued by the court shall be provided to the assigned division at the time of filing. A copy of the petition and the issued Order to Appear shall be served upon the opposing party within the time provided by paragraph L.

Customer: replied 4 months ago.
my best bet is to serve him and his attorney?
Expert:  LegalGems replied 4 months ago.

Yes, that would be correct; that way it can't be challenged based on non-receipt; whenever there is a violation of an order, it is important to show actual knowledge of the court order- some courts allow for constructive knowledge (ie proof that they should have known) but the safe bet is actual notice via personal service.

Customer: replied 4 months ago.
Do I serve the attorney via signature delivery service or acceptance of service?
Expert:  LegalGems replied 4 months ago.

The courts (most jurisdictions in AZ) have an electronic filing service provider that is approved by the admin office of the courts (the court clerk will have that information) which allows a party to electronically serve an attorney of record in the action; otherwise, one can effectuate service by:

personal service; leaving it at the attorney's office with a secretary or other person in charge or, if no one is in charge, in a conspicuous place in the office; mailing it via U.S. mail to the address on file (provided in the documents) with or without acceptance being required (the person mailing it would need to attest under penalty of perjury that it was delivered).

Expert:  LegalGems replied 4 months ago.

I certainly hope the above information was helpful;

Here is a link to the bar association's legal referral site:

Many attorneys will take cases a la carte or "limited scope representation" so one need not pay a hefty retainer- this is helpful if you have documents you would like an attorney to review for example, or if you would like them to make a limited appearance in a complicated matter.

Should you have further questions please post here; otherwise kindly

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All information is for educational purposes only.

Thank you and take care!

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