Home Table of Contents

Rule 18.3. Affidavit for Order to Show Cause for Temporary Maintenance, Child Support or Attorn...

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior Court

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Santa Cruz County (Refs & Annos)
Rule 18. Pleading and Practice in Domestic Relations Cases (Refs & Annos)
17C A.R.S. Super.Ct.Local Prac.Rules, Santa Cruz County, Rule 18.3
Rule 18.3. Affidavit for Order to Show Cause for Temporary Maintenance, Child Support or Attorneys' Fees
a. Spouses Financial Affidavit. In each domestic relations proceeding where an application for an order to show cause is being made for temporary spousal maintenance, child support, attorneys' fees, or an order for equal possession of the liquid assets of the marital property, the applicant shall file, with the Clerk, the court approved form, “Spouse's Affidavit on Order to Show Cause.” The original of such affidavit shall be attached to the petition or application and filed with the Clerk of the Superior Court. A copy of the petition and affidavits shall be exhibited to the Court at the time of the requests for issuance of the order to show cause. A copy shall be served upon the opposing party as in other matters. The opposing party shall respond by filing the Court approved form, “Spouse's Affidavit on Order to Show Cause.” The original of the affidavit shall be filed with the Clerk of the Superior Court and it shall be the responsibility of the opposing party, or his or her attorney, to insure that the applicant's attorney, or, if unrepresented, the applicant, receives a copy no later than three (3) days after service of the order to show cause. No filing or appearance fee shall be charged for the filing of the opposing party's affidavit unless otherwise required by law.
b. Informing the Defaulted Party. In all family law cases wherein a decree or judgment is entered by default or after failure to appear at the time of trial or hearing, except those cases resulting from default after service by publication, the party obtaining the decree or judgment shall certify, on the decree or judgment itself, that he or she will mail within 24 hours a copy of the decree or judgment to the last known address of the party in default or failing to appear. Failure to comply with this rule shall not affect the validity of the decree or judgment entered or the time to appeal, or relieve a party from any obligations set forth in the decree or judgment.
c. Failure to Pay Child Support, Spousal Maintenance or Attorneys’ Fees and Expenses. In an action for failure to pay child support, spousal maintenance, or attorneys' fees and expenses, the opposing party shall file with the court the relevant financial affidavit, which he or she shall provide to the applicant's attorney, or, if unrepresented, the applicant, within the time provided by this rule, along with copies of the following documents:
(1) That party's most recently filed federal and state income tax returns;
(2) That party's four most recent consecutive wage statements from all employment; and
(3) That party's most recent w-2, 1099, and k-1 forms.
The order to show cause shall specifically direct the respondent to comply with rule 20.3. The order to show cause shall not require the production of any additional documents, but this does not preclude the applicant from requesting additional documents through discovery procedures.
d. Failure to Comply. If either party fails to comply with any part of this rule, upon the complying party's request or the Court's own motion and in the absence of good cause shown, the court may:
(1) Vacate or continue the hearing;
(2) Enter an interim award of relief in favor of a complying party and against a non-complying party based on the complying party's financial affidavit;
(3) Award a complying party his or her attorney's fees and expenses incurred in preparing for and attending the hearing; and/or
(4) Enter other appropriate relief.
For purposes of making an interim award the Court may, on its own motion, examine either party if it deems such examination necessary. The non-complying party may be precluded from introducing any evidence and cross-examining the complying party for the purposes of making an interim award.

Credits

Added as Rule 20.3, Dec. 1, 1987, effective Feb. 15, 1988. Amended Jan. 19, 1999, effective Feb. 1, 1999. Redesignated as Rule 18.3 and amended June 10, 2003, effective Aug. 1, 2003.
17C A. R. S. Super. Ct. Local Prac. Rules, Santa Cruz County, Rule 18.3, AZ ST SANTA CRUZ SUPER CT Rule 18.3
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
End of Document