Marriage of Gallegos v. Gallegos

846 P.2d 831, 174 Ariz. 18, 115 Ariz. Adv. Rep. 48, 1992 Ariz. App. LEXIS 186
CourtCourt of Appeals of Arizona
DecidedJune 23, 1992
Docket2 CA-CV 92-0008
StatusPublished
Cited by12 cases

This text of 846 P.2d 831 (Marriage of Gallegos v. Gallegos) 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
Marriage of Gallegos v. Gallegos, 846 P.2d 831, 174 Ariz. 18, 115 Ariz. Adv. Rep. 48, 1992 Ariz. App. LEXIS 186 (Ark. Ct. App. 1992).

Opinion

OPINION

LACAGNINA, Presiding Judge.

John Dietrich Gallegos appeals from a post-dissolution award of increased child support from $450 to $2,136 per month, arguing the trial court abused its discretion in making such an award for the following reasons: (1) the trial court based the increase solely on a mathematical computation, ostensibly required by the Arizona Child Support Guidelines (guidelines), without any consideration of his children’s needs; and (2) the trial court used gross income from Gallegos’ settlement of his personal injury claim, as required by the guidelines, to increase child support without any consideration or reduction for Gallegos’ increased medical and other expenses, necessary to treat his quadriplegic condition. We reverse the increased award for child support and remand for further proceedings. The trial court is directed to make appropriate findings of fact regarding the amount of special medical care and other expenses required and paid by Gallegos from the income he receives from his invested settlement amount, and deduct those expenses from gross income before applying the balance as set forth in the guidelines.

FACTS

The following relevant facts were found by the trial court in its minute entry:

1. The parties were divorced April 14, 1986. At that time the parties had four minor children whose custody was awarded to respondent subject to reasonable visitation in petitioner. The decree established child support at $400 per month.
2. By order of March 9, 1989, child support was increased to $450 per month where it has remained since that date.
* # # * * *
4. On May 6, 1989, petitioner sustained a devastating injury to his spinal cord which left him with no nerve or muscle function below vertebra no. C-5. As a consequence, petitioner needs physical therapy, recreational therapy, hand and arm therapy, respiratory therapy, psychological counseling, a home health attendant, prescription medications and other medical care. In addition, he needs various items of specialized equipment in his home as well as a special wheelchair and specially modified motor vehicle.
* * * * * *
8. Petitioner instituted suit for his injuries and did in fact effect a recovery of damages by settlement. In December 1990 petitioner received an advance of $371,037.91. Thereafter, on March 12, 1991, petitioner received $1,675,380.06. An additional $250,000 was retained from the settlement proceeds to establish a *20 reserve in the amount of $200,000 for potential claims for loss of consortium. Any portion of this reserve not used for consortium claims will revert to petitioner.
9. Petitioner has purchased a house adequate for his spatial and treatment needs and a specially modified van. Petitioner has invested the balance of the funds received one-half with New York Life Securities, Inc./Mainstay Series Funds and one-half with Northern Trust Bank of Arizona. Petitioner receives an average of $9,161 per month from these invested funds. In addition, petitioner receives social security income of $733 per month.
10. Socorro Gallegos testified that she works cleaning homes and earns approximately $477 per month. It is clear that she is capable of earning at least minimum wage and the Court attributes that wage to her.
11. Jonathan Ostrowski, M.D. testified at length concerning the treatment needs as well as the risks to the health of the petitioner. This Court’s ruling should not be construed in any sense whatever as disputing Dr. Ostrowski’s testimony nor is the Court attempting to make a medical judgment. The Court is simply trying to reach an accom[m]odation between petitioner’s needs and those of his children. The instant situation simply points up the tension between the medical and legal disciplines.
13. The child support findings addendum attached to this minute entry are incorporated herein by reference.

Following a hearing on his former wife’s order to show cause petition for modification of child support, the trial court ordered Gallegos to pay child support for his three children in the amount of $2,136 per month with credit given for social security payments received by the minor children. The amount of child support awarded was computed by the Child Support Findings Addendum worksheet attached to the minute entry. It shows the trial court computed Gallegos’ monthly income to be $9,894 and his former wife’s to be $737 for a combined gross income of $10,631. The trial court further computed 21% of $10,631 to be $2,232, the amount shown on the worksheet as the total basic child support obligation. The 1989 schedule for basic child support which the trial court used in computing the total child support obligation, only lists income up to $7,500 per month. The trial court extrapolated from this schedule and determined that because the table computed child support at 21% for $7,500, 21% was also appropriate for $10,-631. 1 The trial court made no findings regarding the needs of the children, nor were any deductions or adjustments made on the worksheet or in the minute entry for the amounts required to satisfy Gallegos’ special needs as described by the trial court in its findings.

DISCUSSION

We agree with John Gallegos that the trial court abused its discretion by awarding child support based solely on the schedule because a strict application of the guidelines is inappropriate and unjust in this case and violates the statutory provisions from which they were enacted. The statute governing child support is A.R.S. § 25-320(A), which provides in part as follows:

A. In a proceeding for dissolution of marriage, legal separation, maintenance, or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct. The supreme court shall establish guide *21 lines for determining the amount of child support. The amount resulting from application of these guidelines shall be the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application. of the guidelines would be inappropriate or unjust in a particular case. The supreme court shall review the guidelines at least once every four years to ensure that their application results in the determination of appropriate child support amounts. The guidelines and criteria for deviation from them shall be based on all relevant factors, including:
1. The financial resources and needs of the child.
* * * * * *
5. The financial resources and needs of the noncustodial parent.
6. Excessive or abnormal expenditures, ____

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Cite This Page — Counsel Stack

Bluebook (online)
846 P.2d 831, 174 Ariz. 18, 115 Ariz. Adv. Rep. 48, 1992 Ariz. App. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-gallegos-v-gallegos-arizctapp-1992.