In Re Marriage of Dougall
316 P.3d 591
Ariz. Ct. App.2013Background
- Dissolution of marriage in 2008; spousal maintenance set at $750/mo; property division including real property interests in two parcels.
- In 2011, court reduced maintenance to $500/mo; judgments entered for arrearages and property value, with later affirmations.
- 2012 enforcement petitions; Richard purports credits for debts and loans; court ordered $200/mo toward arrearages from Richard’s income, plus a VA disability benefits wage-withholding order.
- Trial court treated Richard’s VA disability benefits as income for arrearage calculation; income totaled about $3,918/mo.
- § 25-530 enacted July 2010; facially prohibits considering federal disability benefits in determining spousal maintenance; issue is whether it precludes arrearage payments.
- Court vacates the VA benefits income-withholding order, but holds that VA benefits may be considered as income for arrearage determinations; otherwise affirms orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 25-530 precludes consideration of VA benefits for arrearage payments | Dougall argues benefits are protected from seizure and should not fund arrearages | Dougall contends benefits should not be used to satisfy arrearages per § 25-530 | § 25-530 does not preclude considering VA benefits for arrearages |
| Whether the court’s income-withholding order against VA benefits was proper | Richard contends the order violates § 25-530 and federal law | Court may order payments from other income sources; VA withholdings not required | Income-withholding order from VA benefits vacated; alternative payment requirement remains valid |
Key Cases Cited
- Rose v. Rose, 481 U.S. 619 (U.S. (1987)) (veteran benefits not shielded from state court income orders for support)
- Downing v. Downing, 228 Ariz. 298 (Ariz. App. 2011) (statute applies to determining maintenance; applied to modification and arrearages context)
- Repash v. Repash, 528 A.2d 744 (Vt. 1987) (disability benefits may be considered as income for maintenance awards)
- Priessman, In re Marriage of Priessman, 228 Ariz. 336 (Ariz. App. 2011) (AZ court approved considering VA benefits for maintenance modifications)
- Goglia v. Bodnar, 156 Ariz. 12 (Ariz. App. 1987) (review constrained to Rule 60(c) issues; credit considerations)