Williams v. Williams
228 Ariz. 160
| Ariz. Ct. App. | 2011Background
- Dissolution of marriage in 2005; parties awarded joint custody and equal parenting time with Father paying spousal maintenance and child support per decree.
- Post-decree, Mother obtained sole custody; December 2006 order increased child support from $1,000 to $2,000/mo.
- March 2008 order vacated prior child support/administrative financial matters and set trial; contested whether correspondence created a binding support increase to $2,000.
- January 5, 2009 order issued with factual findings and modified spousal maintenance to $4,750/mo for 24 months; no specific child-support amount set in that order.
- Disputed period refers to November 2006–May 2009 regarding child-support adjustments; September 2009 order and November 2009 judgment finally determined child-support obligations for that period; Father appealed only the January 2009 and April 2009 orders.
- The Arizona Court of Appeals dismissed the child-support appeal for lack of jurisdiction but affirmed the spousal-maintenance modification and related attorney-fee rulings in a separate memorandum decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court lacked jurisdiction to review the child-support modification. | Father contends January 2009 order and related rulings finally affect child support. | Williams argues the January 2009 order or related orders affect the dispute and are appealable. | Court lacks jurisdiction over the child-support portion; preparatory orders not appealable. |
| Whether the January 2009 spousal-maintenance modification is appealable. | Father seeks review of maintenance change after final judgment. | Maintenance modification post-decree is a post-judgment special order. | January 2009 spousal-maintenance order is appealable; Court has jurisdiction over that aspect. |
Key Cases Cited
- Arvizu v. Fernandez, 183 Ariz. 224 (App. 1995) (post-judgment orders must affect rights or relate to enforcement to be appealable)
- Rita J. v. Ariz. Dept. of Econ. Sec., 196 Ariz. 512 (App. 2000) (preparatory post-judgment orders not appealable unless they affect the judgment or its enforcement)
- In re Dormanm, 198 Ariz. 298 (App. 2000) (immediate custody changes may be appealable when they resolve petitioned issues)