Knight v. Knight
1 CA-CV 16-0224-FC
| Ariz. Ct. App. | Jan 31, 2017Background
- Corey Knight (Father) and Laura Knight (Mother) divorced after a contested hearing; decree entered January 2016.
- Family court ordered Father to pay monthly child support, found Father acted unreasonably in the litigation, and awarded Mother attorneys’ fees.
- The court later fixed the attorneys’ fee award at $10,000 and, on Mother’s motion, amended the decree to correct child support defects and divide an account.
- Father appealed contesting three rulings: use of historical earnings to set income for support, the $10,000 fee award, and the characterization of his student loan debt as not a community obligation.
- Father failed to include the trial transcript in the appellate record; the Court of Appeals treated the record as incomplete and presumed the family court’s factual findings have supporting evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Father’s annual income for child support may be based on historical earnings | Mother: use historical earnings to determine income for support calculation | Father: historical earnings should not be used (argues different income basis) | Affirmed family court; appellate record incomplete so factual findings presumed supported |
| Whether $10,000 attorneys’ fee award was proper | Mother: fee award justified because Father acted unreasonably | Father: fee amount was excessive/unsupported | Affirmed family court’s fee award (no abuse of discretion shown) |
| Whether Father’s student loan debt is a community obligation | Mother: student loan debt is not community debt | Father: student loan debt should be characterized as community obligation | Court rejected Father’s argument; debt not treated as community obligation (reviewed de novo; court’s factual findings presumed correct) |
| Whether missing trial transcript affects review | Mother: N/A | Father: N/A (appellant failed to provide transcript) | Court presumes substantial evidence supports family court; denies relief where record insufficient |
Key Cases Cited
- Hamblen v. Hamblen, 203 Ariz. 342 (review of factual issues underlying child support calculation)
- Kelsey v. Kelsey, 186 Ariz. 49 (standard for reviewing child support factual findings)
- Thompson v. Corry, 231 Ariz. 161 (standard of review for attorneys’ fees awards)
- Schickner v. Schickner, 237 Ariz. 194 (characterization of debt as community or separate reviewed de novo)
- Renner v. Kehl, 150 Ariz. 94 (presumption that missing transcript leaves intact trial court’s factual findings)