Partial Power of Attorney

[InTheMiddle]

AZ court.  Dad in AZ, Mom in TX.  Dad has physical custody.

The attorney agrees that we never would have gotten custody of the children if it weren't for all the research I did.  He also agrees that he really can't do any more for the case than I can, except charge us fees.

Right now the battle is Mom not paying child support.  The court seems to be very lenient towards the Mom (according to our attorney, if a Dad was over $5,000.00 in back child support, he would have been arrested by now).  Mom's attorney keeps delaying child support hearings due to vacations and it has cost us over $250 in attorney fees for her attorney's vacations.

I'm the one who shared the web site on child support http://www.pueblo.gsa.gov/cic_text/family/childenf/index.htm

Since it has cost us more in attorney's fees then we will ever get back from child support by the time the youngest turns 18, we would like to self represent.

My significant other is comfortable talking in court, but he would like me to do all the research, file all the forms and sit beside him during the hearings so I can pass him evidence when her attorney is lying (unfortunately, it happens a lot).

1)  Is there anything like a Partial Power of Attorney?

2)  If so, how can we obtain one and file it in AZ court?

On a side note, I have noticed in divorces if the non-custodial parent refuses to pay child support; they are still entitled to all scheduled visitations.  If it's an interstate divorce, it's near impossible to enforce an arrest warrant, so there is incentative to never pay child support because they can still see their kids.

3)  Has a judge ever restricted visitation due to never paying child support?

Thanks in advance for your useful advice!

[socrateaser]

>1)  Is there anything like a Partial Power of Attorney?

If you mean, some document that permits you to help your husband represent himself in court, then yes, there is. It's called an attorney's license, and it is granted to people who pass the Arizona State Bar Exam after satisfying all of the other educational requirements necessary to permit someone to practice law within the State of Arizona.

I'm not being smart -- this is just the way it is. A person has a constitutional right to represent themselves at trial. Everyone else must be an attorney at law, and no power of attorney grants that authority. A power of attorney grants only the power of attorney in fact (not at law), which is the power to make decisions for the grantor, among which would be the decision to hire an attorney to represent the grantor's interests at trial.

You may sit with your husband and take instructions from him, and converse with him as necessary to that end. But, if you attempt to speak for him, or to offer him advice while in the courtroom, the judge will stop you, because that is the unlawful practice of law. If the judge confronts you on the issue, your husband must tell the court something like, "Your honor, this is my wife -- she's just here as my clerical assistant, not to offer any advice or to speak on my behalf, except possibly as a witness testifying from her personal knowledge."

The judge will probably be ok with all of that, as long as you do exactly as I describe.

>
>2)  If so, how can we obtain one and file it in AZ court?

See above.

>
>3)  Has a judge ever restricted visitation due to never paying
>child support?

Lots of times. But it's not lawful. The judge will use some other pretextual legal theory to achieve this end without violating the law -- assuming that the judge is in the appropriate mood. LOL!

PS. When the other parent's child support arrears are $10,000+, failure to pay child support across state lines becomes a federal felony offense, and your county district attorney can, and probably will, file criminal charges and have the other parent extradited to AZ for trial and incarceration, if necessary.

At $5,000+, the arrears are only a misdemeanor, and the DA can't (or won't) extradite, cause it ain't worth the taxpayer's money to do so. However, if you file a complaint now, then the DA can issue a warrant, and the national law enforcement database will pick it up and if the parent is stopped for a traffic violation, she will be arrested. Talk to the local DA's office.

[InTheMiddle]

"If you mean, some document that permits you to help your husband represent himself in court, then yes, there is. It's called an attorney's license"

1)  Do I need an attorney's license to file forms he has signed with a Notary?

2)  Is there a way he can give me the power to sign the forms for him without an attorney's license?

3)  Do I need an attorney's license to sit beside him in a clerical capacity and pass him evidence when her attorney is lying?

4)  If number 3 is yes, then how can the court remain impartial when it blatently gives someone who has an attorney's license the right to lie?  This attorney gives no evidence to support his lies, so if #3 is correct, the court considers a lying individual who has an attorney's license to be fact and no evidence refutting the lie may be admitted?

The more I learn about Family Court, the less I like it.  Perhaps it would be in our best interests not to pursue the child support, wait until it gets over $10,000 in arrears (which will take 5 years), and have the government handle it from there (another institution I have become dis-illussioned with).

Thanks for helping with the clarification and understanding my frustration.

[beststepmomever]

Hi InTheMiddle,

I'm also in AZ. I'm the wife to my DH and the SM of his children. There have been many times when I fill out the paperwork and my DH walks them into the court and signs them infront of the clerk and files them. I am not a lawyer, I just am capable of reading instructions (found on the Superior court website) and filling out the paperwork.

Why would you need to sign forms for him? Wouldn't filling them out "for" him be the extent of your needed help?

I'm just trying to help - I definately have no actual "legal" experience - just sharing my experience :) Feel free to PM me if you'd like with any AZ Family Court questions - I may be able to help. Thanks.

[socrateaser]

OK, now settle down...
>
>1)  Do I need an attorney's license to file forms he has
>signed with a Notary?

Nope. That's just clerical assistance.

>
>2)  Is there a way he can give me the power to sign the forms
>for him without an attorney's license?

Now, that's a very interesting question. A general power of attorney, appointing you as your husband's agent to resolve any question related to the case before the court, "theoretically," would give you authority to sign any pleading and even enter into a settlement agreement on your husband's behalf. But, that's theoretically.

Ordinarly, not even an attorney at law can sign a settlement document on his/her client's behalf -- but the attorney can sign a motion or a pleading.

Also, neither you nor an attorney could sign an affidavit or a declaration on behalf of your husband, because those are testimonial in nature, meaning that the person who signs is swearing that they know the stated facts of their own "personal" knowledge.

I very seriously doubt that the court will permit you to sign any motion pleading on behalf of your husband, and certainly not a settlement agreement, unless he is first judged mentally incompentent in a civil probate action, making you his guardian and conservator. This is a pretty gray areal of law, and it's just not worth challenging the gods (the court/judge).
>
>3)  Do I need an attorney's license to sit beside him in a
>clerical capacity and pass him evidence when her attorney is
>lying?

No, you can even pass evidence to him when opposing counsel and/or the other party is "not" lying (you need to calm way down, before you have a stroke!).

>
>4)  If number 3 is yes, then how can the court remain
>impartial when it blatently gives someone who has an
>attorney's license the right to lie?  

Everybody lies. The trick is to prove it to the court. If you don't, then everybody gets away with it.

>This attorney gives no evidence to support his lies, so if #3 is correct, the court considers a lying individual who has an attorney's license to
>be fact and no evidence refutting the lie may be admitted?

Attorneys are frequently given the benefit of the doubt at a motion hearing, because they have a legal duty to investigate the truth of their client's claims before proffering them to the court -- kinda like a state trooper gets the nod when he says he clocked you at 90 miles per hour on the interstate. It's his word against yours, but he wins everytime, because it's his professional legal duty to do this job, whereas you're just a "driver."

Not trying to be smart -- just explaning the way of the world.

When the attorney says, "My client has told me...", you interject with, "Objection, your honor opposing counsel is testifying as to his client's admissions, rather than arguing its merits. If counsel is allowed to testify, then I should be permitted to cross examine him/her."

But, you need to be careful, because if counsel says, "It is our position that Mr. X is a controlling manipulative bastard," or, "My client's declaration states," well, that's not testifying -- the first quote is just stating a position, and the second is recalling what the other party has already testified to in writing -- both of which are ok at a motion hearing -- only the first of which is ok at a trial.

This lawyering deal can tricky.

>The more I learn about Family Court, the less I like it.

Welcome to my world. It should be called "Fantasyland Court -- where all of your worst nightmares come to haunt your rest."

>Perhaps it would be in our best interests not to pursue the
>child support, wait until it gets over $10,000 in arrears
>(which will take 5 years), and have the government handle it
>from there (another institution I have become dis-illussioned
>with).

Perhaps. But, only your husband can make that call. Personally, I think court is fun -- kinda like skiing. If ya stay on the groomed runs, you're probably not gonna get hurt too bad -- i.e., most of the time.

[InTheMiddle]

Sorry my words are so strong that you think I 'm stroking out.  Unfortunately I have this vicious justice streak.

Dad has had custody of kids since November 1, 2004.

Mom received 3 child support checks in November and 1 in December, because it takes a while for the clearing house to change things.

Dad's lawyer has produced copies of Dad's checks which show child support has been taken out.

Mom's lawyer says she never received the money.  Says it is lost in the clearing house.

http://www.familysupportcenter.maricopa.gov/DES/default.asp shows that she received 1246.14 in Nov and 417.63 in December.  You need the atlas # and zip code to find your own.

Attorney and Mom were required to produce bank statements since she has direct deposit.  Bank statement submitted was from 12/20/04 to 1/20/05, dates after she would have received the checks.  Dad's lawyer objected, but judge didn't seem to care.

Judgement is for Mom to pay back 1246.14 in 30 days in order to avoid contempt charge and possible arrest warrant.  She still has $1500 in attorney fees to pay and child support from 11/04, but that will not be addressed until after the child support overpayment is cleared.

When I accuse a professional of lying, I don't do it lightly.  I have the written evidence and he just has his word.  This is not a "he said/she said" thing.  

Glad to know I can give him the same clerical assistance and research I gave our lawyer and not be charged $250 an hour for him to speak.  (Perhaps I should have charged our lawyer for my time;)

I asked about the power to sign forms for convienence purposes, because he travels alot.  But a Notary will work just fine, just takes more time.  Considering we have 5 years before she reaches the $10,000 mark, I'd say that is something we have to spare.

Thanks for the advice and sarcastic humor.  Your advice opens my eyes to opportunities and your humor always makes me laugh.

Unfortunately, I do have one more question:

1)  Based on past court experiences, we are expecting that Mom will make no payments.  What does being found in contempt mean as far as legal ramafications?  (Mom in TX, Dad in AZ, court in AZ).

[socrateaser]

>Sorry my words are so strong that you think I 'm stroking
>out.  Unfortunately I have this vicious justice streak.
>
>Dad has had custody of kids since November 1, 2004.
>
>Mom received 3 child support checks in November and 1 in
>December, because it takes a while for the clearing house to
>change things.
>
>Dad's lawyer has produced copies of Dad's checks which show
>child support has been taken out.
>
>Mom's lawyer says she never received the money.  Says it is
>lost in the clearing house.
>
>http://www.familysupportcenter.maricopa.gov/DES/default.asp
>shows that she received 1246.14 in Nov and 417.63 in December.
> You need the atlas # and zip code to find your own.
>
>Attorney and Mom were required to produce bank statements
>since she has direct deposit.  Bank statement submitted was
>from 12/20/04 to 1/20/05, dates after she would have received
>the checks.  Dad's lawyer objected, but judge didn't seem to
>care.
>
>Judgement is for Mom to pay back 1246.14 in 30 days in order
>to avoid contempt charge and possible arrest warrant.  She
>still has $1500 in attorney fees to pay and child support from
>11/04, but that will not be addressed until after the child
>support overpayment is cleared.
>
>When I accuse a professional of lying, I don't do it lightly.
>I have the written evidence and he just has his word.  This is
>not a "he said/she said" thing.  
>
>Glad to know I can give him the same clerical assistance and
>research I gave our lawyer and not be charged $250 an hour for
>him to speak.  (Perhaps I should have charged our lawyer for
>my time;)
>
>I asked about the power to sign forms for convienence
>purposes, because he travels alot.  But a Notary will work
>just fine, just takes more time.  Considering we have 5 years
>before she reaches the $10,000 mark, I'd say that is something
>we have to spare.
>
>Thanks for the advice and sarcastic humor.  Your advice opens
>my eyes to opportunities and your humor always makes me
>laugh.
>
>Unfortunately, I do have one more question:
>
>1)  Based on past court experiences, we are expecting that Mom
>will make no payments.  What does being found in contempt mean
>as far as legal ramafications?  (Mom in TX, Dad in AZ, court
>in AZ).

If the court finds evidence of contempt beyond all reasonable doubt, then you can ask the court to incarcerate her or put her on a work crew on the highway picking up trash, etc. You can also ask the court to have her fined in some additional amount, made payable to you. But, if she has no money, or refuses to pay, and has no asset, such a home that you can have the Sheriff sell to get your money, then the only thing left is the 8X8 room with the steel bars on the door.

PS. Forget the vicious justice streak. Tell yourself it's just business -- you'll live longer. There is no real justice in the world. In the end, everybody dies, whether they're good and bad. Only God knows whether justice is done after that.