Revised 03.09.18 PETITION TO MODIFY PARENTING TIME And .
Revised 03.09.18Reset FormPETITION TO MODIFYPARENTING TIME and CHILDSUPPORTPINAL COUNTYMake Changes to an Existing Order RegardingParenting Time and Child SupportINSTRUCTIONS AND FORMSProvided as a Public Service byAMANDA STANFORDClerk of the Superior Court
REPRESENTING YOURSELF IN FAMILY COURTThis brief guide provides some very basic information to help you understand the proceedings.It does not tell you everything about family law or family court, and it is no substitute for understandingTitle 25 of the Arizona Revised Statutes, the Arizona Rules of Family Law Procedure, and the ArizonaRules of Evidence. For more information, you should go to the Pinal County Superior Court Branch/) or consult a lawyer.Proceedings in Family CourtProceedings in Family Court follow the Arizona Rules of Family Law Procedure.In a divorce or paternity case, you may be referred to an Expedited Differentiated CaseManagement Conference, Mediation, Family Assessment, or a Settlement Conference (sometimes calledan Alternative Dispute Resolution or “ADR”). These proceedings are designed to help the parties reachagreement on all or some of their disputes. They generally are not conducted by your assigned Judge.You may also have to appear before the Judge for a pretrial hearing. The most common pretrialhearings are (1) a Resolution Management Conference, which helps the Judge manage the case by,among other things, setting deadlines and a trial date; and (2) a Temporary Orders Hearing, at whichthe Judge may issue temporary orders to govern the case until the trial.If you do not reach a settlement of all issues, there will be a trial. This is the single hearingwhere the Judge will hear your evidence and make final decisions on disputed issues.Disclosure and DiscoveryTo help parties prepare for the trial, the Arizona Rules of Family Law Procedure havedisclosure and discovery requirements.Disclosure requirements are in Rule 49. Each party must voluntarily provide certaininformation to the other party. You have an obligation to disclose such information to the other party,and you have a right to insist that the other party disclose such information to you. Failure to discloseas required may result in sanctions, including being barred from offering evidence that was not timelydisclosed.If you need information that is not voluntarily disclosed, you may engage in discovery, such asrequesting documents from a party or subpoenaing documents from non-parties. Rules 51 through 65of the Arizona Rules of Family Court discuss the requirements for discovery.What is a Trial?A trial is the time for you and for the other party to present evidence on disputed issues.General Issues If Children Are Involved in Your Case: Legal decision-making (authority over major matters concerning the children).Page 1 of 3DO DWC COSCPinal 02.27.18Use only most current version
Parenting time (what time each parent will spend with the children). Child support.Additional Issues If Your Case Involves a Divorce: Spousal maintenance. Division of community property and allocation of debts.The Judge will decide these issues based on the evidence presented during the trial. Onlyevidence you bring to the trial will be considered.After the trial, the Judge may issue a ruling in open court or may take the case “underadvisement,” which means that the Judge will issue a written ruling at a later time.The judge’s ruling may be a signed decree or judgment, which officially concludes the case. Ifthe judge chooses, the judge may decide disputed issues and then require one or both of the parties tosubmit a decree for the judge’s signature.Preparing for The TrialWhen preparing for the trial, it is critical that you read the judge’s minute entries carefully. Theminute entries typically contain the Judge’s requirements for the trial. These requirements mayinclude:(1) Submitting a pretrial statement that describes the issues in the case and lists your witnesses andexhibits; and (2) Giving copies of your exhibits to the Clerk and to the other party before the trial.Many Judges impose time limits at the trial. It is your responsibility to make sure you presentall your evidence in the time allotted.What Happens During the Trial?The main thing that happens during the trial is the presentation of evidence. The Judge willmake decision based on the evidence presented during the trial. Evidence is generally of two kinds: (1)Witness testimony and (2) Documents.When you call a witness to testify, you must ask the witness questions. A witness may onlyanswer questions that are asked. When the party who called a witness is done with questioning, theother party may “cross-examine” the witness by asking additional questions.A party may testify as a witness on his or her own behalf. However, while a witness is on thestand, the parties may only ask questions. Arguing with a witness or commenting on the answers is notallowed.Documents may be evidence at the trial, but you must follow the proper procedure. Before thetrial (usually 5 days before), you must give documents that you want to use to the Clerk of the Court toPage 2 of 3DO DWC COSCPinal 02.27.18Use only most current version
be “marked” with an exhibit number. However, marking an exhibit does not mean it is evidence. Rather,during the trial, you must “offer” the exhibit by asking the judge to admit it into evidence. The judgethen decides whether to admit the evidence. The judge will consider only evidence that is admitted.Proper Court BehaviorAlthough family cases are often emotional, it is important that everyone act in an orderly andrespectful way in court. Here are some “Do’s and Don’ts:” Do dress appropriately. Don’t wear hats, sunglasses, tank tops, shorts, or flip-flops. Do wait your turn to speak. Don’t interrupt while someone else is talking. Do treat others with respect. Don’t curse, make faces, or engage in confrontational behavior. Do be honest and candid with the judge. Do make sure that friends and family who accompany you sit quietly. They are not allowed tospeak unless called as a witness, and then only when they are testifying.For Additional InformationThis guide presents very basic information. For additional information, read the /Judicial Branch) and if necessary, consult a lawyer.Page 3 of 3DO DWC COSCPinal 02.27.18Use only most current version
“Petition to Modify Parenting Time and Child Support”USE THE FORMS AND INSTRUCTIONS in this packet only if the following factors applyto your situation: You have parenting time and child support order established in Pinal County and you want tofile court papers to change the existing orders for: Parenting Time OR Parenting Time and Child SupportFor access to Model Parenting Time for Parent/Child www.pinalcountyaz.gov/FSCC/If the Court Order you want to change is from another county in Arizona: Get a certified copy of the Order you want to change from the other county AND Bring the certified copy with you when you come to the Clerk of the Court to file your courtpapers, AND Give the certified copy of the Order to the Clerk of the Court, along with the filing fee beforefiling any additional paperwork. The Clerk will file the certified copy of the Order and assigna new case number, AND You are now able to file the paperwork to modify parenting time and child support, alongwith a new filing fee.If the Court Order you want to change is from another state other than Arizona talk to an attorneywho can tell you what requirements are necessary for you to file for modifications in Arizona.READ ME: It is very important for you to know that when you sign a court document, you maybe helping or hurting your court case. Before you sign any court document, or get involved with acourt case, it is important that you see a lawyer to make sure you are doing the right thing.Page 1 of 1DO PMPTCS COSCPinal 03.01.18Use only most current version
PETITION TO MODIFY PARENTING TIME AND CHILD SUPPORTThis packet contains general information and instructions about filing a Petition to ModifyParenting Time and Child Support. Be sure this packet contains the following documents:OrderTitle# of Pages1Checklist: Use these forms if 12Table of Contents (this page)13Instructions: How to Fill Out24Procedures: How to File25Petition to Modify Parenting Time and Child Support56Affidavit Regarding Minor Children37Parenting Plan for Legal Decision-Making108Child Support Calculator” (if modifying child support)19Order to Appear regarding Petition to Modify Parenting Time210Order Modifying Parenting Time and Child Support411Instructions after Receiving an Order to Appear112Current Employer Information1You have permission to use these documents for any lawful purpose. These forms shall not beused to engage in the unauthorized practice of law. The Court assumes no responsibility andaccepts no liability for actions taken by users of these documents, including reliance on theircontents. The documents are under continual revision and are current only for the day they werereceived. It is strongly recommended that you verify on a regular basis that you have the mostcurrent documents.Page 1 of 1DO PMPTCS COSCPinal 03.01.18Use only most current version
INSTRUCTIONSHow to fill out the Petition to Modify Parenting Time and Child SupportInitial forms for Filing: Type or Print Neatly. Use black ink.Complete all required paperwork:Petition to Modify Parenting Time and Child Support:1. Fill in the name, mailing address and telephone number of the person submitting the forms.2. In the Case Caption, fill in the name of person who is shown as the petitioner on the courtdocuments you want to change. Fill in the name of the person who is shown as the respondenton the court documents you want to change.3. Fill in the Pinal County case number of the court order.4. Check the subject you wish to modify.5. Complete all the questions of the Petition to Modify Parenting Time and Child support.6. Sign your name on the signature line before a Notary Public or Clerk of Court to affirm thatthe information on the form is true and correct to the best of your knowledge and belief.Affidavit Regarding Minor Children:1. Fill in the name, mailing address and telephone number of the person submitting the forms.2. In the Case Caption, fill in the name of person who is shown as the petitioner on the courtdocuments you want to change. Fill in the name of the person who is shown as the respondenton the court documents you want to change.3. Fill in the Pinal County case number of the court order.4. Complete all the questions of the Affidavit Regarding Minor Children.5. Sign your name on the signature line before a Notary Public or Clerk of Court to affirm thatthe information on the form is true and correct to the best of your knowledge and belief.Parenting Plan for Joint or Sole Legal decision-making and Parenting Time (Visitation):1. Fill in the name, mailing address and telephone number of the person submitting the forms.2. In the Case Caption, fill in the name of person who is shown as the petitioner on the courtdocuments you want to change. Fill in the name of the person who is shown as the respondenton the court documents you want to change.3. Fill in the Pinal County case number of the court order.4. Complete all the questions of parenting time (visitation) schedule you would like to have putin place and ordered by the Court.5. Signature of parent submitting Parenting Plan or signature of both parents, if applicable.Parent’s Worksheet for Child Support:If you are also requesting to modify the child support, you will need to complete a new “Child SupportWorksheet” based on the proposed new parenting time schedule. The Worksheet will indicatewhether child support would change based on the Arizona Child Support Guidelines.Visit http://www.azcourts.gov/familylaw for help in completing a Parent’s worksheet and to obtaina copy of the Arizona Child Support Guidelines. Once you have completed the Parent’s Worksheetfor Child Support, and printed the worksheet, you will have two new additional forms to submit atthe time of filing:Page 1 of 2DO PMPTCS COSCPinal 03.01.18Use only most current version
Child Support Order Income Withholding Order/Notice for SupportOrder to Appear regarding Petition to Modify Parenting Time1. Fill in the name, mailing address and telephone number of the person submitting the forms.2. In the Case Caption, fill in the name of person who is shown as the petitioner on the courtdocuments you want to change. Fill in the name of the person who is shown as the respondenton the court documents you want to change.3. Fill in the Pinal County case number of the court order.The remaining part of the form will be completed at a later time by the Court, once all the aboveforms have been filed with the Clerk’s office.Order Modifying Parenting Time and Child Support1. Fill in the name, mailing address and telephone number of the person submitting the forms.2. In the Case Caption, fill in the name of person who is shown as the petitioner on the courtdocuments you want to change. Fill in the name of the person who is shown as the respondenton the court documents you want to change.3. Fill in the Pinal County case number of the court order.4. Under THE COURT FINDS, paragraph #3, write in the name(s) of the minor child(ren),and their date of birth.5. Under THE COURT ORDERS, paragraph 1, write in the date the Court Order you wantto change was signed by the Judge.6. The remaining part of the Order shall be completed at the time of the hearing.COPIES: Once you have completed all the initial forms, have your signature notarized on eachdocument that required a notarized signature. Make 2 copies of all the completed forms.NOTE: The Clerk’s office charges 0.50 per page for copies.Assemble the copies so that you have 3 packets -- the originals and 2 sets of copies.Include with the set of copies a SELF ADDRESSED STAMPED ENVELOPE so when theOrder to Appear is completed by the Court; copies of the Order to Appear will be mailed youto complete legal services on the other party.Page 2 of 2DO PMPTCS COSCPinal 03.01.18Use only most current version
PROCEDURESHow to File Petition to Modify Parenting Time and Child SupportTO FILE THE PAPERS AT THE COURT:STEP 1DETERMINE WHERE TO FILE THE COURT FORMS: There are 4locations of the Clerk of the Superior Court in Pinal County: Please keep in mind thatany court hearings will be conducted at the Florence location. You should go to theCourt at least 2 hours before closing:Visit our website for office locations or feel free to give us a call.Contact information for all officesToll Free: 888.431.1311 Local: 520.509.3555 or 311 Fax: TEP 2TAKE THE ORIGINALS AND COPIES TO THE CLERK TO BE FILED:Take the all originals and 2 copies of the following documents: to the Clerk of theSuperior Court, for processing: STEP 3Petition to Modify Parenting Time and Child SupportAffidavit of Minor ChildrenParenting Plan for Joint / Sole Legal decision-making and Parenting Time(Visitation)Parent’s Worksheet for Child Support (if modifying child support also)Child Support Order (if modifying child support also)Income Withholding Order/Notice for Support (if modifying child support also)Current Employer Information sheet (if modifying child support also)Order Modifying Parenting Time and Child SupportPAY YOUR FILING FEE: Please check with the Clerk’s office for current filingfee. The fee is payable to the Clerk of the Superior Court by cash, money order,cashier’s check, debit or credit visa or master card.If the filing fee is a hardship, and you think a fee deferral is appropriate, ask the staffat the Customer Service counter for an Application for Deferral of Fee before yourfile your paperwork (this form is also available on Clerk’s website, under the categoryOther).You must attach proof of income when filing an Application for Deferral of Fees,copy of your two latest paystubs or written verification of government assistance.STEP 4Page 1 of 2FILING ORIGINAL DOCUMENTS: The Clerk will file the originals, andconform stamp the copies showing the date original documents were filed. The Clerkwill return the two sets of conform copies of the following:DO PMPTCS COSCPinal 03.01.18Use only most current version
Petition to Modify Parenting Time and Child SupportAffidavit of Minor ChildrenParenting Plan for Joint / Sole Legal decision-making and Parenting Time(Visitation)Parent’s Worksheet for Child Support (if modifying child support also)Keep the above documents. The court file and original documents will be forwardedto the Judge to set a hearing date and sign the Order to Appear.Once the Order to Appear is signed the clerk’s office will mail you two (2) copies ofthe Order to Appear in the self-addressed stamped envelopes; one for your recordsand one for the other party.STEP 5SERVE THE PAPERWORK ON THE OTHER PARTY: You must arrange forone set of copies to be served on the other party, in a manner required or acceptable tothe Court.See “Instructions after Receiving an Order to Appear”.Page 2 of 2DO PMPTCS COSCPinal 03.01.18Use only most current version
Name of Person Filing:Street Address:City, State, Zip Code:Telephone Number:Email Address:ATLAS Number (if applicable)Representing Self (No Attorney) orIf Attorney, Bar Number:Represented by AttorneySUPERIOR COURT OF ARIZONAPINAL COUNTYCASE NUMBER:S1100Name of PetitionerPETITION TO MODIFY: (CHECK ONE)Parenting Time OnlyParenting Time and Child SupportName of RespondentHONORABLE:GENERAL INFORMATION:I,am thePetitioner /and make the following statements to the Court, under oath:1.Respondent /OtherInformation about Me, the person filing this modification:Name:Address:How I am related to child(ren) for whom Parenting Time order should be changed:MotherPage 1 of 5Father orOther (explain)DO PTM COSCPinal 03.09.18Use only most current version
2.Information about the Other Parent: (if the person filing this modification is one of theparents. If someone other than one of the parents is filing this request, then list the informationabout one of the parents, then the information about the other parent below).Name:Address:How this party is related to child(ren) for whom Parenting Time order should be changed:MotherFatherInformation about the Other Parent or Other Party: (if there is a non-parent involved inthe case other than the person whose information has already been listed in (1) above:Name:Address:How the other party is related to child(ren) for whom Parenting Time order should bechanged:Mother3.Father orOther (explain)Information about the child(ren) for whom I want the parenting time order changed:Child’s Name:Child’s Name:Child’s Name:Child’s Name:Birth Date:Birth Date:Birth Date:Birth Date:Age:Age:Age:Age:4.Affidavit Regarding Minor Children.The children have resided in Arizona since theentry of the last Arizona City Order and I have completed an “Affidavit Regarding MinorChildren” orif not I have completed an “Affidavit Regarding Minor Children”.5.Information about the Order I want to change.The Order was issued onThe Order was issued by:Located in this County:Located in this State:Page 2 of 5(Month, Day, Year)(Name of Court)(Name of County)(Name of State)DO PTM COSCPinal 03.09.18Use only most current version
And each of the following is a true statement: The child(ren) has lived in Arizona for at least six (6) months before the date I am filingthis Petition. If the Order was not issued by the Superior Court of Arizona in this county, the case hasalready been transferred to this county and has a Pinal County case number.6.Domestic ViolenceNo significant domestic violence has occurred, orviolence has occurred. Explain:7.WHAT YOUR ORDER NOW SAYS: Put in WORD for WORD the part
7 Parenting Plan for Legal Decision-Making 10 8 Child Support Calculator” (if modifying child support) 1 9 Order to Appear regarding Petition to Modify Parenting Time 2 10 Order Modifying Parenting Time and Child Support 4 11 Instructions after Receiving an Order to Appear 1 12 Current Employer Information 1
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