RECENT FAMILY LAW COURT RULINGS IN ARIZONA

The Arizona Court of Appeals upheld a trial court’s ruling that it lacked personal jurisdiction over Wife of Husband who filed for dissolution, where her contacts with Arizona primarily consisted of visiting Husband a couple of times in Tucson, agreeing to relocate to Arizona and co-signing an apartment lease with Husband while she was visiting him.

The trial court may have a subject matter to dissolve a marriage even without personal jurisdiction over Respondent.  Peak v. Peak, CA-CV2016-0131.

HOME STATE OF CHILD

Under the Uniformed Child Custody Jurisdiction Enforcement Act (UCCJEA) Arizona is the home state or the child was born in Arizona and had resided in Arizona with the parents for two months since the date of birth until Mother relocated with the child out of state.  Father had filed a Petition for Paternity within the six month period, since child had resided in Arizona.  Gutierrez v. Fox, CA SA 17-0047.

CHILD SUPPORT

When a court calculates child support under the child support guidelines, the court may not attribute income beyond that of regular full-time employment under A.R.S. §25-320 without a showing that the income is historically earned from a regular schedule and is anticipated to continue into the future.  This would apply to second jobs and overtime.  Also a parent who provides health insurance for the minor child and others, that amount must be pro-rated for child support purposes by looking to all persons covered by the portion of the premium.  Lundy v. Lundy, 1CA-CV15-0612.

MISCELLANEOUS FAMILY LAW MATTERS

A spouse who paid communicated expenses after filing a Petition for Dissolution of Marriage was entitled to reimbursement because the marital presumption of gift does not apply to payments made post-petition.   Also, a paragraph in a premarital agreement awarding fees to the prevailing party in any action based upon the agreement is unenforceable.  A.R.S. §2-324 will supersede the provision.  Bobrow v. Bobrow, 1CA-CV 14-0806.