Case Law

Following are some relevant Arizona case law decisions that may be helpful:

Family Law

Birt v. Birt, 208 Ariz. 546, 96 P.3d 544 (App. 2004). When a party to a divorce action filed for bankruptcy soon after the divorce decree was entered by the court, the court may vacate portions of the decree if appropriate in light of the changed circumstances.

Boncoskey v. Boncoskey, 167 P.3d 705, 513 Ariz. Adv. Rep. 16 (App. 2007). Appellate court reversed the trial court's order requiring a former husband to make monthly payments to former wife when the husband turned 50 years old and ordering the wife to receive a 50% survivor benefit based upon the value of the entire pension rather than the portion accrued during the marriage.

Leathers v. Leathers, 166 P.3d 929, 512 Ariz. Adv. Rep 25 (App. 2007). A divorce court must take into consideration the expected lags between jobs and the variability of the husband’s income in determining the amount of spousal support due the wife.

Jenkins v. Jenkins, 215 Ariz. 35, 156 P.3d 1140 (App. 2007). Exchanging real property for other property was not income-producing for purposes of establishing a substantial and continuing change in circumstances to warrant a modification of child support.

Business Law

Anamax Mining Company v. Arizona Department of Economic Security, 147 Ariz. 482, 711 P.2d 621 (App. 1985). A corporation can only appear in court through an attorney. [Exception: Rule 31(a)(4)(C), Rules of the Arizona Supreme Court permits an officer of a corporation who is not an attorney to represent the corporation before a justice of police court in certain circumstances.]

Nutek Information Systems, Inc. v. Arizona Corporation Commission, 194 Ariz. 104, 977 P.2d 826 (App. 1998). Sales of certain limited liability company shares violated Arizona securities laws. Whether membership interests in a limited liability company constitute a security must be decided on a case-by-case basis.

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