Arizona Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations

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US-MOT-01407
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This is a multi-state form covering the subject matter of the title.

A Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment in Arizona's Domestic Relations can be filed by the defendant in a divorce or domestic relations case when the plaintiff fails to abide by the court's order to pay one-half of the mortgage payment for the marital home. This motion is typically used when there is a temporary court order in place that mandates both parties contribute to the mortgage payment pending a final resolution of property division. In Arizona, there are no specific types or variations of this motion as it pertains to the one-half mortgage payment requirement. However, it is important to note that contempt motions can vary in nature depending on the specific circumstances of the case. For example, there may be separate motions to cite a plaintiff for contempt for other disobedience or violations of court orders in the domestic relations context. When filing a Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment in Arizona, it is crucial to include the following key elements: 1. Introduction: Start the motion by clearly identifying the parties involved, the case number, and the specific court order that requires both parties to contribute to the mortgage payment. 2. Background: Provide a brief summary of the divorce or domestic relations case, highlighting any relevant details regarding the marital home and the court's temporary judgment. 3. Plaintiff's Noncompliance: Outline the plaintiff's failure to comply with the court's order to pay one-half of the mortgage payment. Include specific instances where the plaintiff has failed to fulfill their financial obligations or has willfully neglected to adhere to the court's directives. 4. Financial Hardship: If applicable, explain any financial hardships or undue burdens that result from the plaintiff's noncompliance. Clearly demonstrate how the plaintiff's actions are negatively impacting both parties' ability to maintain the marital home or meet their financial obligations. 5. Relief Sought: Clearly state the relief being sought from the court, which is to hold the plaintiff in contempt of the temporary judgment and impose appropriate penalties or sanctions. These can include fines, attorney's fees, or other remedial measures deemed necessary by the court. 6. Supporting Evidence: Attach supporting documents such as copies of the court's order, bank statements, payment receipts, or any other evidence that validates the plaintiff's noncompliance with the mortgage payment requirement. 7. Legal Basis: Cite relevant Arizona statutes or case law that support your argument for holding the plaintiff in contempt. Explain how the plaintiff's actions violate the court's temporary judgment and constitute contempt of court. Conclusion: Summarize the main points of the motion and restate the relief sought, emphasizing the importance of enforcing court orders and maintaining the integrity of the judicial process. In summary, a Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment in Arizona's Domestic Relations is a legal document used to address a plaintiff's noncompliance with a court order regarding mortgage payments in a divorce or domestic relations case. It is crucial to present a detailed and organized motion that includes all relevant facts, supporting evidence, and legal arguments to increase the chances of a favorable outcome.

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No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

A court must correct a clerical mistake or a mistake arising from oversight or omission if one is found in a judgment. The court may do so on motion or on its own, with notice.

Rule 55 - Default; Default Judgment [Effective until January 1, 2024] (a)Entering a Default (1)Generally. If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided in these rules, default may be obtained under the procedures set forth in this rule.

A party seeking temporary orders for legal decision-making, parenting time, child support, or spousal maintenance, or concerning property, debt, or attorney fees, must file a separate verified motion that states the motion's legal and jurisdictional basis and the specific relief requested.

If a decision or judgment adjudicates fewer than all claims and liabilities of a party, a motion for fees must be filed no later than 20 days after any decision is filed that adjudicates all remaining claims in the action, or 20 days after the action's dismissal, whichever occurs first.

Rule 51 (General Provisions Governing Discovery). Rules 51 through 65 of the Arizona Rules of Family Law Procedure regard the procedures for obtaining information, documents and other evidence from the other party and/or other sources. These regard requests for discovery that go beyond Rule 49.

Rule 51 (General Provisions Governing Discovery). Rules 51 through 65 of the Arizona Rules of Family Law Procedure regard the procedures for obtaining information, documents and other evidence from the other party and/or other sources. These regard requests for discovery that go beyond Rule 49.

(d) A lawyer admitted in another United States jurisdiction, or a lawyer admitted in a jurisdiction outside the United States, not disbarred or suspended from practice in any jurisdiction, may provide legal services in Arizona that exclusively involve by federal law, the law of another jurisdiction, or tribal law.

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Arizona Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations