Burkett v. Henry
1 CA-CV 21-0136-FC
Ariz. Ct. App.Nov 23, 2021Background:
- Parties married in 2010, two minor children; Mother filed for dissolution in Feb 2020.
- Trial set after management conference; parties were ordered to file financial affidavits and child support worksheets.
- Father claimed he paid various community expenses after the petition and sought reimbursement; he submitted bank statements, account records, and a promissory note from his father.
- Mother disputed the amounts and later contested any agreement to reimburse; she testified she paid a babysitter $75 per child every two weeks for night-shift work.
- Superior court found Father failed to provide credible proof of the claimed community payments, declined reimbursement (including under the promissory note), and included $325/month for child care in child support.
- Father appealed the decree and denial of his post-trial motion; Court of Appeals affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reimbursement for community expenses paid after petition (including car, mortgage, utilities, and a promissory-note debt) | Henry: Under Bobrow, payments made after dissolution petition are not presumptive gifts and must be reimbursed if proven. | Burkett: Amounts disputed; no agreement to reimburse; evidence insufficient or unpersuasive. | Court: Father failed to prove he paid the qualifying community expenses; no reimbursement. Promissory note lacked sufficient corroboration and weight. |
| Inclusion of child-care in child support | Henry: Mother needed documentary receipts under ARFLP 49 to support claimed child-care costs; inclusion was unsupported. | Burkett: Testified to babysitter payments; testimony is evidence and was disclosed. | Court: Testimony constituted competent evidence; $325/month inclusion was reasonable; father did not seek ARFLP 65 remedies for any nondisclosure. |
Key Cases Cited
- Bobrow v. Bobrow, 241 Ariz. 592 (App. 2017) (payments made after a dissolution petition are not presumptive gifts and must be accounted for absent an agreement)
- Gutierrez v. Gutierrez, 193 Ariz. 343 (App. 1998) (party seeking reimbursement must present credible proof of payments)
- Lehn v. Al-Thanayyan, 246 Ariz. 277 (App. 2019) (appellate court defers to trial court credibility determinations and weight of conflicting evidence)
- Boyle v. Boyle, 231 Ariz. 63 (App. 2012) (appellate court may infer necessary findings supported by the record)
- In re Marriage of Flower, 223 Ariz. 531 (App. 2010) (trial court has broad discretion in allocating assets and liabilities in equitable division)
- Sherman v. Sherman, 241 Ariz. 110 (App. 2016) (standard of review for child support is abuse of discretion)