East v. Matthews

213 P.3d 248, 222 Ariz. 99, 567 Ariz. Adv. Rep. 41, 2009 Ariz. App. LEXIS 647
CourtCourt of Appeals of Arizona
DecidedJune 25, 2009
Docket1 CA-CV 08-0356
StatusPublished

This text of 213 P.3d 248 (East v. Matthews) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
East v. Matthews, 213 P.3d 248, 222 Ariz. 99, 567 Ariz. Adv. Rep. 41, 2009 Ariz. App. LEXIS 647 (Ark. Ct. App. 2009).

Opinion

OPINION

HALL, Judge.

¶ 1 The question raised in this appeal is whether a family court abuses its discretion in making a determination of child support in a paternity action when it chooses not to consider the standai’d of living a child would have had if she had lived with both of her parents. For reasons that follow, we conclude that it does.

BACKGROUND

¶ 2 Jamie Lee East brought this paternity action against Gary Matthews, Jr. following the bix’th of their daughter in 2004. Matthews is a professional baseball player. It was established in the family court that his income is appx’oximately $10,000,000 per yeai\ The court ultimately ordered Matthews to pay East $1561 per month in child support, which is the px’esumptive amount under the Arizona Child Support Guidelines for parents with a combined adjusted gross income of $20,000 or more per month. See Ariz.Rev.Stat. (A.R.S.) § 25-320 app. § 8, Schedule (2007). The court also ordered Matthews to pay the child’s medical, day care, and private school expenses.

¶ 3 East appealed the award on the ground that the family court made vax’ious evidentia-ry rulings based on a misintei’pretation of the Guidelines. We have jurisdiction pursuant to A.R.S. § 12-2101(B) (2003).

STANDARD OF REVIEW

¶4 We review an award of child support for an abuse of discretion, but we interpret the Guidelines de novo. Hetherington v. Hetherington, 220 Ariz. 16, 21, ¶ 21, 202 P.3d 481, 486 (App.2008). When a court’s child suppoi’t awai’d is based on a significant mistake of law, we x’emand for a redetei’mination of the awai'd. See Fuentes v. Fuentes, 209 Ariz. 51, 56, ¶ 23, 58, ¶ 35, 97 P.3d 876, 881, 883 (App.2004) (citing Grant v. Ariz. Pub. Serv. Co., 133 Ariz. 434, 455-56, 652 P.2d 507, 528-29 (1982) (explaining that a tidal court abuses its discretion when it commits an eri’or of law in the pi’ocess of exercising its disci’etion)).

¶ 5 We apply the same l'ules of construction when intei’preting the Guidelines as we apply when interpreting statutes. Mead v. Holzmann, 198 Ariz. 219, 221, ¶ 8, 8 P.3d 407, 409 (App.2000). Thus, when the meaning of the Guidelines is eleai’, we apply the plain meaning. See State ex rel. Brannan v. Williams, 217 Ariz. 207, 210, ¶ 5, 171 P.3d 1248, 1251 (App.2007).

DISCUSSION

¶ 6 East argues that the family coui’t abused its discretion by precluding her from introducing evidence relevant to whether the eoui’t should awai’d more than the presumptive amount of child suppoi’t for parents with a combined adjusted gross income of more than $20,000 per month. Section 8 of the Guidelines provides as follows:

If the combined adjusted gross income of the parties is greater than $20,000 per *101 month, the amount set forth for combined adjusted gross income of $20,000 shall be the presumptive Basic Child Support Obligation. The party seeking a sum greater than this presumptive amount shall bear the burden of proof to establish that a higher amount is in the best interests of the children, taking into account such factors as the standard of living the children would have enjoyed if the parents and children were living together, the needs of the children in excess of the presumptive amount, consideration of any significant disparity in the respective percentages of gross income for each party and any other factors which, on a case by case basis, demonstrate that the increased amount is appropriate.

¶ 7 Following the repeated urgings of Matthews, the court, however, relied on Edgar v. Johnson, 152 Ariz. 236, 731 P.2d 131 (App. 1986), in which this court held that “[ojnce it is established that the non-custodial parent has sufficient income to provide for the needs of a child, the amount to be awarded is determined by the needs of the child, not the non-custodial parent’s income.” Id. at 237, 731 P.2d at 132. Edgar was decided before child support guidelines were adopted, and, as pointed out in Ortiz v. Rappeport, 169 Ariz. 449, 451, 820 P.2d 313, 315 (App.1991), is no longer good law:

The father relies heavily on our case of Edgar v. Johnson, 152 Ariz. 236, 731 P.2d 131 (1986), where we stated that once it is established that the non-custodial parent has sufficient income to provide for the needs of the child, the amount to be awarded is to be determined by the needs of the child and not the non-custodial parent’s income. From this statement, he argues that the child’s present needs are the only consideration. We do not agree. The 1987 child support guidelines supersede any statements made in Edgar.

Although Ortiz apparently did not involve parents making more than the maximum combined adjusted gross income addressed in the Guidelines, id. at 450-51, 820 P.2d at 314-15, the reasoning in Ortiz applies here. Regardless of the principles used to set an amount of child support prior to the adoption of the Guidelines, now that we have the Guidelines, courts are constrained to follow them. See AR.S. § 25-320(D) (providing that the Guidelines are to be followed unless “application of the guidelines would be inappropriate or unjust in a particular case”). 1

¶ 8 Under the Guidelines, the parents’ basic child support obligation depends on the combined adjusted gross income of the parents. In effect, the parents’ incomes, in part, determine the child’s “reasonable needs.” A court cannot, therefore, first determine a child’s “reasonable needs” and then conclude that the parties’ income in excess of what is required to meet those needs is irrelevant. Here, of course, because the parents’ combined income exceeds $20,000 per month, there is a rebuttable presumption that a single child’s “reasonable needs” do not exceed $1561 per month. But the evidence that must be presented and the argument that must successfully be made to rebut that presumption are prescribed in § 8 of the Guidelines, not in Edgar.

¶ 9 In addition to relying on Edgar, the court accepted Matthews’ contention that the lifestyle the child would have had if she had lived with both of her parents is not relevant because the child never lived with both of her parents.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Grant v. Arizona Public Service Co.
652 P.2d 507 (Arizona Supreme Court, 1982)
Ortiz v. Rappeport
820 P.2d 313 (Court of Appeals of Arizona, 1991)
Edgar v. Johnson
731 P.2d 131 (Court of Appeals of Arizona, 1986)
Hetherington v. Hetherington
202 P.3d 481 (Court of Appeals of Arizona, 2008)
Mead v. Holzmann
8 P.3d 407 (Court of Appeals of Arizona, 2000)
Marriage of Fuentes v. Fuentes
97 P.3d 876 (Court of Appeals of Arizona, 2004)
STATE EX REL. BRANNAN v. Williams
171 P.3d 1248 (Court of Appeals of Arizona, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
213 P.3d 248, 222 Ariz. 99, 567 Ariz. Adv. Rep. 41, 2009 Ariz. App. LEXIS 647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/east-v-matthews-arizctapp-2009.