Lopez v. Lopez
1 CA-CV 23-0016-FC
Ariz. Ct. App.Jan 18, 2024Background
- Mother (Sugey Veronica Lopez) and Father (Sabas Lopez, Jr.) married in 2004, have two children, and Father worked as a truck driver, while Mother was a stay-at-home parent.
- Mother filed for dissolution of marriage in March 2021 and also obtained an order of protection against Father, alleging various instances of domestic violence, including stalking and threats.
- The trial court found that Father committed an act of domestic violence but held he rebutted the statutory presumption against being awarded legal decision-making authority; joint legal decision-making and equal parenting time were awarded.
- Mother was awarded $310/month in child support; the request for spousal maintenance was denied based on the court's finding that Father could not pay, although his income was found to be $3,000/month.
- The court divided the marital property, awarding the trucking business (truck and trailer) to Father and bank/investment accounts to Mother for equalization.
- Mother appealed the trial court's rulings on legal decision-making, parenting time, child support, spousal maintenance, the preclusion of a witness, and asset division.
Issues
| Issue | Lopez (Mother) Argument | Lopez (Father) Argument | Held |
|---|---|---|---|
| Legal decision-making & parenting time | Court failed to consider all DV & make findings | Denied DV, presented character evidence | Vacated & remanded for full consideration & statutory findings |
| Spousal maintenance | Entitled and Father can pay per $3,000/mo income | Inability to pay | Vacated & remanded for recalculation under new guidelines |
| Child support | Father underreported income; it should be $6,049/mo | Reported $3,000/mo as actual income | Vacated & remanded for recalculation with spousal maintenance |
| Division of assets | Entitled to half of Navy Fed & Emerald Logistics funds | Account depleted/legal fees; post-petition funds | Affirmed; no abuse of discretion in property division |
Key Cases Cited
- DeLuna v. Petitto, 247 Ariz. 420 (App. 2019) (addressed abuse of discretion and statutory findings in family law decisions)
- Engstrom v. McCarthy, 243 Ariz. 469 (App. 2018) (abuse of discretion when record lacks competent evidence)
- Lehn v. Al-Thanayyan, 246 Ariz. 277 (App. 2019) (appellate court does not reweigh credibility)
- Hurd v. Hurd, 223 Ariz. 48 (App. 2009) (failure to make statutory findings is abuse of discretion)
- Boncoskey v. Boncoskey, 216 Ariz. 448 (App. 2007) (court's discretion in property division)
- Toth v. Toth, 190 Ariz. 218 (1997) (equal division of community property unless justified otherwise)
- Henry v. Cook, 189 Ariz. 42 (App. 1996) (partial success on appeal entitles party to costs)