Case Law

Following are some relevant Arizona case law decisions that may be helpful:

Birt v. Birt, 208 Ariz. 546, 96 P.3d 544 (App. 2004). When a party to a divorce action filed for bankruptcy soon after the divorce decree was entered by the court, the court may vacate portions of the decree if appropriate in light of the changed circumstances.

Boncoskey v. Boncoskey, 167 P.3d 705, 513 Ariz. Adv. Rep. 16 (App. 2007). Appellate court reversed the trial court’s order requiring a former husband to make monthly payments to former wife when the husband turned 50 years old and ordering the wife to receive a 50% survivor benefit based upon the value of the entire pension rather than the portion accrued during the marriage.

Leathers v. Leathers, 166 P.3d 929, 512 Ariz. Adv. Rep 25 (App. 2007). In this case a divorce court must take into consideration the expected lags between jobs and the variability of the husband’s income in determining the amount of spousal support due the wife.

Jenkins v. Jenkins, 215 Ariz. 35, 156 P.3d 1140 (App. 2007). Exchanging real property for other property was not income-producing for purposes of establishing a substantial and continuing change in circumstances to warrant a modification of child support.

In re Marriage of Waldren, 171 P.3d 1214, 217 Ariz. 173 (Ariz., 2007). In this case a party may not modify spousal maintenance under rule 60(c) where the decree of dissolution provides that spousal maintenance is non-modifiable. December 3, 2007

In re Marriage of Davies, 1 CA-CV 08-0697 (Ariz. App. 6/8/2010) (Ariz. App., 2010)
Court determined that Military Temporary Disability Retired List benefits were not considered community property and therefore were not divisible in a dissolution of marriage. June 8, 2010

For more information about case law, contact  The Law Office of Hope E. Fruchtman.