Family


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October 18, 2011. . . . . . . . .CV 10-0458. . . . . . . . . . . . . . . Cook v. Losnegard

Did the family court err by modifying child support after ruling on custody and
parenting time modification requests?


October 6, 2011. . . . . . . . ...CV 09-0305/0403. . . . . . . . . . .Williams v. Williams

1.  Does this Court have jurisdiction of an appeal on spousal maintenance and child
support issues when the appeal is from a post-decree order modifying maintenance
but is only preliminary to a later order on modification of child support?  2.  Does a
spouse show a change of circumstances sufficient to modify spousal when evidence
showed she could not make the amount of money she had stipulated to at the original
trial and her ability to make such money was affected by the ex-spouse's insistence
she have custody of the children


May 26, 2011 . . . . . . . . . . . .CV 10-0726A . . . . . . . . . . . . . .Mangan v. Mangan

1.  Did the family court err in finding that Arizona continued to be the children’s home 
state, thereby allowing the court to exercise exclusive, continuing jurisdiction to modify
its initial child custody order despite the fact that Mother and the children had left the 
state for New Mexico approximately two years earlier?

2.  Did the family court abuse its discretion in deciding to award attorneys’ fees to Father 
pursuant to Arizona Revised Statutes section 25-324, despite a disparity in income 
favoring Father?

3.  May this court award attorneys’ fees on appeal to Father pursuant to Arizona 
Revised Statutes section 25-324 and ARCAP 25, and make the award equal and joint 
and several between Mother and her counsel?

March 29, 2011 . . . . . . . . . .CV 10-0262 . . . . . . . . . . . . . . . . . MacMillan v. Schwartz

Did a property settlement agreement incorporated into a divorce decree allow for the
modification of spousal maintenance?

January 6, 2011 . . . . . . . . . .CV 10-0031 . . . . . . . . . . . . . . . . . State v. Tazioli

1.  Where the parties to a previously-entered support order no longer reside in 
Arizona, and where one of those parties objects or refuses to consent, may the
Arizona superior court exercise continuing exclusive jurisdiction over and modify
such support order?

2.  Where the Arizona superior court cannot exercise continuing exclusive
jurisdiction over a previously-entered support order due to the relocation of all 
parties outside of the state, may the superior court direct the petition to the
appropriate jurisdiction and tribunal for resolution on the merits?

December 2, 2010 . . . . . . . CV 09-0645 . . . . . . . . . . . . . . . . . . . .Cristall v. Cristall

Did the trial court err by finding the judgment creditor's affidavits of renewal of judgment
filed in May 2002 and April 2007 were timely, when the affidavit was filed within 90 days 
preceding the expiration of 5 years from the May 1997 judgment, rather than calendaring
from the date of entry of the creditor's initial filing of the judgment in December 1996?

October 28, 2010 . . . . . . . CV 08-0776 . . . . . . . . . . . . . . . . . . . Craig v. Craig

Is a notice of appeal valid when it is filed while the opposing parties' motion for new trial
is pending?

September 28, 2010 . . . . . CV 09-0716 . . . . . . . . . . . . . . . . . . . Keefer v. Keefer

When a child receives disability payments on account of a parent's disability in
excess of that parent's monthly child support obligation, may the excess be used to 
satisfy the parent's obligation for unreimbursed medical expenses?

September 23, 2010 . . . . . CV 09-0273 . . . . . . . . . . . . . . . . . . . Valento v. Valento

To what extent can a marital community claim an equitable lien against a spouse's sole
and separate property when community funds have contributed to the equity in the 
property and declining market conditions have nonetheless reduced the property's
over all value?

June 8, 2010 . . . . . . . . . . . CV 08-0697 . . . . . . . . . . . . . . . . . . . Davies v. Beres

Are Temporary Retired Disability List (TRDL) community property, subject to
apportionment?

June 3, 2010 . . . . . . . . . . . CV 09-0427 . . . . . . . . . . . . . . . . . . . Chopin v. Chopin

What is the meaning of the term "romantic cohabitation" when used in the termination
provision of a spousal maintenance agreement?

May 20, 2010 . . . . . . . . . .CV 09-0045 . . . . . . . . . . . . . . . . . . . .Ramsay v. Wheeler

1.  When a spouse takes out a loan without joining the other spouse after service of a 
petition for dissolution,

a.  Is the underlying properly transformed into the sole and separate property
of the debtor spouse?
b.  Can the community be held liable for the debt and the non-debtor spouse
be ordered to pay a portion of the debt?

2.  Can the family court equalize community debt by ordering the transfer of money or
property to one spouse, and ordering that spouse to pay the creditor?

3.  Do the Maricopa County Spousal Maintenance Guidelines provide a basis upon
which to question a court's maintenance award?

April 22, 2010 . . . . . . . . . CV 09-0376 . . . . . . . . . . . . . . . . . .Simpson v. Simpson

If the trial court awards child support pursuant to Arizona Revised Statutes section
25-320(A) at the time of a family court proceeding, must it also award child support
pursuant to Arizona Revised Statutes section 25-320(B) for the time period from the 
date of petition to the time of the proceeding?

March 18, 2010 . . . . . . . . CV 08-0806 . . . . . . . . . . . . . . . . . .Aksamit v. Krahn

1.  Under Arizona Rule of Family Procedure 10, does a best interests attorney step
outside her proper role when she offers opinions upon which the trial court relies?

2.  When a best interests attorney acts outside her duties in offering opinion evidence
must there be prejudice in order for the error to result in reversal?

February 25, 2010 . . . . . . CV 08-0234 . . . . . . . . . . . . . . . . . .Flower v. Flower

Did the family court abuse its discretion in ordering a substantially unequal
distribution of marital assets under the equitable principles explained in Toth v. Toth,
190 Ariz. 218, 946 P.2d 900 (1997)?

February 25, 2010 . . . . . . CV 08-0180 . . . . . . . . . . . . . . . . . .Inboden v. Inboden

Upon dissolution of a marriage, may the family court divide the equity of jointly held 
property based solely on the relative contributions from each spouse's separate

February 11, 2010 . . . . . . CV 08-0721 . . . . . . . . . . . . . . . . . .Strait v. Strait

Can the family court decide that a one-time insurance settlement payment is gross
income for child support purposes without analyzing the nature of the payment and 
whether any portion of it is a recoupment of capital?

December 24, 2009 . . . . . CV 08-0818 . . . . . . . . . . . . . . . . . . Pullen v. Pullen

1.  Does the reasoning of Little v. Little, on what test to apply to attribute greater
income to a parent for support purposes, apply to attributing income to a spouse 
for maintenance purposes?

2.  What factors should a court consider in determining whether to attribute greater
income to a spouse for maintenance purposes?

October 27, 2009 . . . .CV 07-0342 . . . . . . . . . . . .Hurd v. Hurd

1.  Is a family court required to make all the statutory best-interest findings in 
Arizona Revised Statutes 25-403.A when there is a finding of significant domestic
violence or a history of significant domestic violence?

2.  Did the trial court abuse its discretion by failing to make specific findings
regarding the applicable statutory relocation factors and the reasons why its
decision is in the children's best interests?

August 25, 2009 . . . . .CV 08-0281 . . . . . . . . . . . .Seidman v. Seidman

May a superior court enter dispositive sanctions against a party who fails after
submitting medical justification to appear for her deposition without first
holding an evidentiary hearing and considering the availability of lesser

May 28, 2009 . . . . . . . . .SA 09-0007 . . . . . . . . .Jordan v. Hon. Rea/Romine

1.  What standard is the superior court to apply when divorced parents who are
to work jointly in determining school placement for their child are unable to
agree?

2.  May a child be precluded from attending a private religious school solely
because one parent objects on religious grounds?

May 21, 2009 . . . . . . .CV 08-0050 . . . . . . . . . . . . Kline v. Kline

Is an award of spousal maintenance by default valid under Arizona Rule
of  Family Law Procedure 44(G) when the specific demand for
maintenance was first contained in an amended pleading that was never 
served?

April 30, 2009 . . . . . . . CV 07-0587 . . . . . . . . . . . . Engel v. Landman

1.  Does this court have jurisdiction over a cross-appeal filed while a 
motion for new trial is pending?

2.  Can a trial court properly attribute income and child care expenses
to a voluntarily-unemployed parent when the effect is to increase the 
child support obligation borne by the employed parent?

3.  Can a trial court properly value stock unexercised options for income
calculation purposes by aggregating the market value increases for all 
such options held by a parent?

April 14, 2009 . . . . . . . . .SA 08-0240 . . . . . . . . .Egan v. Hon. Fridland-Horne/Hochmuth

1.  In seeking in loco parentis visitation rights, is the nonparent required to show
that there has been a complete denial (or the substantial equivalent) of visitation
with the child as a prerequisite to filing a petition under Arizona Revised Statutes
section 25-415(C)?
2.  In considering a request for visitation of a child under Arizona Revised Statutes
Section 25-415(C), must the superior court consider the factors set forth in
Arizona Revised Statutes section 25-409 to determine whether the requested
visitation is in the child's best interests?

3.  Did the superior court err in awarding equal visitation rights to a nonparent
standing in loco parentis pursuant to Arizona Revised Statutes section 25-415(C)?

March 26, 2009 . . . . . . . . . . .CV 07-0914 . . . . . . . .Maximov v. Maximov

Did the family court err by modifying temporary family support to an effective
date that was prior to the date a party filed a petition to modify support?

March 17, 2009 . . . . . . . . . . .CV 07-0471 . . . . . . . .Thomas v. Thomas

In a post-decree dissolution proceeding, does the superior court have 
jurisdiction to consider a legal dispute regarding community property
intentionally omitted from the dissolution decree by both parties?

March 3, 2009 . . . . . . . . . . . .CV 07-0794 . . . . . . . .Hart v. Hart

Are written findings, or findings stated on the record, required under Arizona 
Revised Statutes sections 25-410(B) (dealing with parenting time issues) 
and/or -411(D) (addressing the restriction of a parent's parenting time rights)?

January 8, 2009 . . . . . . . . . . .CV 07-0558 . . . . . . . .Barnett v. Jedynak

How is the community's interest in a home purchased prior to marriage calculated?

June 19, 2008 . . . . . . . . . . . . CV 07-0518 . . . . Hetherington v. Hetherington

Whether spousal income includes the contributions of the spouse’s employer to
a retirement plan and for worker’s compensation, retirement long-term disability,
and health- and life-insurance premiums.  Answer: It may, but it depends on the

June 3, 2008 . . . . . . . . . . . . . . CV 07-0275 . . . . . . . . . Pettit v. Pettit

Does a dissolution decree that determines child custody and requires husband
to pay child support necessarily resolve the question of husband’s paternity
and, if so, is husband thereby barred by the doctrine of claim preclusion from
relitigating his paternity by filing a second action requesting paternity testing?

May 13, 2008 . . . . . . . . . CV 07-0300 . . . . . . . Rueschenberg v. Rueschenberg

1.  When the efforts of the marital community have resulted in both profits and an increase
in value to a separately held business, does Cockrill v. Cockrill, 124 Ariz. 50, 601
P.2d 1334 (1979) preclude the community from obtaining an interest in both?

2.  When the marital community has been paid a fair salary for its efforts, is it precluded
from obtaining an interest in profits and/or increase in value of a separately held

February 21, 2008 . . . . . . . . CV 07-0048 . . . . . Thompson v. Thompson

1.  If a parent awarded joint custody or parenting time relocates his or her child
with court permission, should the court consider the miles of that move when
determining, under A.R.S. § 25-408(B), whether a subsequent relocation is more
than 100 miles within the state?

2.  What should be the starting point for measuring the 100 mile condition contained
in A.R.S. § 25-408(B)?

February 19, 2008 . . . . . . . 1 CA-SA 07-0268 . . . . . Munari v. Hotham/Winiarski

May a court find a relocating parent in contempt for a failure to comply with a
grandparent's visitation rights?

January 29, 2008 . . . . . . . . . . CV 06-0810 . . . . State (ADES) v. Lee

Do Arizona Revised Statutes sections 25-320(F) and 25-501(A) impose a
specific attendance requirement before courts may order a parent to provide
post-majority child support on the basis that the child was "attending high
school"?

November 13, 2007 . . . . . . . CV 06-0781 . . . . . . . . . Sheehan v. Flower

Under Arizona Revised Statutes section 25-408 does a grandparent have a 
right to object to a custodial parent's out-of-state relocation when the
grandparent has been awarded visitation rights?

November 6, 2007 . . . . . . . .CV 06-0674 . . . . . . . . . . Palmer v. Palmer

A dissolution decree provides that Husband's spousal maintenance obligation
is "non-modifiable" and will continue until October 2008 except in the event of
death.  Under Arizona Revised Statutes section 25-327(B), does Husband's
maintenance obligation continue after Wife's remarriage?

October 23, 2007 . . . . . . . . CV 07-0068 . . . . . . Bell-Kilbourn v. Bell-Kilbourn

Does an owning spouse sufficiently rebut the presumption that real property is a
community asset when purchased during the marriage if the non-owning spouse
executed an enforceable deed disclaiming an interest in the property at the time of
acquisition?

June 19, 2007 . . . . . . . . . . . . . . . CV 06-0038 . . . . . . . . . . Cullum v. Cullum

Can the Superior Court of Maricopa County use the Maricopa County Superior
Court Maintenance Guidelines to determine the amount and duration of spousal

May 24, 2007 . . . . . . . . CV 05-0557 . . . . . . . . .  Napp v. Napp

Does Arizona Rule of Civil Procedure 60(c)(3) apply to non-merged property
separation agreements approved by the court pursuant to A.R.S. § 25-317(B)?

April 26, 2007 . . . . . . . CV 06-0359 . . . . . . Jenkins v. Jenkins

In calculating a parent's income for child support purposes, must the
income a parent might have received if the parent had invested sole
and separate property in an income-producing investment be attributed
to the parent as income?