Thomas v. Njie
1 CA-CV 16-0011-FC
| Ariz. Ct. App. | Sep 29, 2016Background
- Husband filed for dissolution of a non‑covenant marriage with children in Dec. 2014; Wife contested property division and child support.
- At an evidentiary hearing (Oct. 2015), the family court applied Arizona Child Support Guidelines and issued a dissolution decree (Nov. 2015).
- The court found Wife closed a joint bank account without giving Husband half the funds and ordered Wife to pay Husband $1,323.61 (his half).
- The court identified two community liabilities: a $2,846.40 jewelry debt paid by Husband (Wife ordered to reimburse half) and a $5,000 credit‑card debt (Wife allocated one half).
- The court declined to award child support because the guideline difference between the parties’ shares was less than $100.
- Wife appealed, arguing the property division was inequitable (citing alleged income disparity) and that she should receive child support for babysitting expenses; the appellate record did not include her cited tax returns or some transcripts.
Issues
| Issue | Wife's Argument | Respondent / Court's Argument | Held |
|---|---|---|---|
| Allocation of one‑half of credit‑card debt | Court erred assigning Wife half of community credit‑card debt | Debt was community; court’s allocation proper | Affirmed — no abuse of discretion |
| Reimbursement for jewelry debt | Court erred ordering Wife to reimburse Husband one‑half of jewelry paid by Husband | Jewelry debt was community obligation paid by Husband; reimbursement appropriate | Affirmed — no abuse of discretion |
| Payment for Husband’s one‑half of joint bank account | Wife disputes obligation to pay Husband his one‑half after she closed account | Family court found Wife closed account and withheld Husband’s half; ordered payment | Affirmed — award of $1,323.61 to Husband upheld |
| Child support denial | Wife sought support (babysitting expenses); argues disparity in incomes warrants support | Court applied Child Support Guidelines; difference in shares < $100, so no award | Affirmed — guideline calculation justified; no support ordered |
Key Cases Cited
- In re Marriage of Flower, 223 Ariz. 531 (allocation of community assets and liabilities)
- Gutierrez v. Gutierrez, 193 Ariz. 343 (standard for upholding family court factual findings)
- In re Marriage of Robinson & Thiel, 201 Ariz. 328 (child support review standard)
- Little v. Little, 193 Ariz. 518 (child support review standard)
- Lewis v. Oliver, 178 Ariz. 330 (appellate court considers only record before it)
- Baker v. Baker, 183 Ariz. 70 (appellant’s duty to provide record on appeal)
- In re Mustonen’s Estate, 130 Ariz. 283 (presumption record supports trial court when appellant fails to include necessary items)
- Michaelson v. Garr, 234 Ariz. 542 (presumption supporting trial court’s findings absent complete record)
- Bryant v. Thunderbird Acad., 103 Ariz. 247 (supporting presumption when record incomplete)