Pflum v. Pflum

660 P.2d 1231, 135 Ariz. 304, 1982 Ariz. App. LEXIS 669
CourtCourt of Appeals of Arizona
DecidedNovember 2, 1982
Docket1 CA-CIV 5307
StatusPublished
Cited by9 cases

This text of 660 P.2d 1231 (Pflum v. Pflum) 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
Pflum v. Pflum, 660 P.2d 1231, 135 Ariz. 304, 1982 Ariz. App. LEXIS 669 (Ark. Ct. App. 1982).

Opinion

OPINION

GRANT, Judge.

The issue raised by this appeal is whether Maricopa County Superior Court has jurisdiction to enforce an order of child support previously issued by the Gila County Superior Court. The facts necessary for the determination of this issue on appeal are as follows. Appellant Julius Pflum was divorced from appellee Jeanette Pflum on December 20, 1973, by a decree of dissolution in Gila County Superior Court Cause No. 17534-B. The decree provided that the wife, Jeanette Pflum, would have custody *305 of the youngest child 1 of the parties and that the husband, Julius Pflum would pay $150.00 per month as child support for this child beginning on November 1, 1973. The child support order was made in an amended decree of dissolution issued February 5, 1974, by the Gila County Superior Court.

On August 8, 1979, the wife filed a petition for order to show cause re contempt in Maricopa County Superior Court alleging that the husband had failed to pay child support as ordered and that the sums then due were $5,250.00. On the same date as the filing of the petition for order to show cause re contempt, a “notice of filing intrastate judgment” was filed by the attorney for the wife. The document stated that the decree of dissolution and amended decree of dissolution entered in Gila County Superior Court, the record of child support received through the clerk of Gila County Superior Court and the exemplification from the clerk of the Superior Court of Gila County all had been filed in the office of the clerk of the Superior Court of Maricopa County. Copies of these decrees were attached to the petition. At the time the petition for order to show cause was filed the husband was residing in California and the wife and child resided in Maricopa County. Personal service was obtained on the husband.

The husband filed a motion to quash the Maricopa County Superior Court order to show cause citing the following reasons: (1) that Maricopa County Superior Court did not have in personam jurisdiction because the husband was a resident of the State of California, (2) that any modification or contempt action should be filed in Gila County Superior Court where the decree of dissolution was issued as there is no authority to change jurisdiction from one county to another absent mutual agreement of the parties and (3) that there was a pending action in Contra Costa County, California under a reciprocal non-support statute. 2

The motion to quash was heard simultaneously with the order to show cause on December 3, 1979. The Maricopa County Superior Court, in a judgment entered January 17, 1980, denied the husband’s motion to quash and gave judgment to the wife in the amount of $5,400.00 for delinquent child support plus $200.00 for attorney’s fees. The husband was further ordered to make child support payments in a timely manner through the clerk of the Maricopa County Superior Court.

As a general rule jurisdiction acquired by a court in divorce proceedings over the subject of custody and maintenance of the child of the parties to the divorce suit is not only continuing but is exclusive. Beard v. Greer, 116 Ariz. 536, 570 P.2d 223 (App.1977); Warren v. Meyers, 21 Ariz.App. 111, 516 P.2d 53 (1973). The appellee agrees with the appellant that pri- or to 1977 a superior court sitting in one county in the State of Arizona had continuing jurisdiction over child support matters and retained exclusive jurisdiction. The question raised here is whether that general rule has been changed by the enactment of the Family Responsibility Act, A.R.S. §§ 12-2451 — 2458 (effective August 27, 1977). This question is one of first impression.

Referring to the rule stated above, the court of appeals in Warren v. Meyers stated: “We recognize that by reason of express constitutional or statutory provisions there may be exceptions to the rule we adopt here.” 21 Ariz.App. at 114, 516 P.2d at 56. The question becomes whether A.R.S. §§ 12-2451 — 2458 create such a statutory exception. A.R.S. § 12-2451 begins by stating that “[ejvery man and woman shall have the duty to provide all reasonable support for his or her natural and adopted minor, unemancipated, children, ...” The remaining sections spell out in detail the jurisdiction of the court and the nature of proceedings. Specifically, A.R.S. § 12-2452 relates to jurisdiction, venue and procedure:

§ 12-2452. Jurisdiction, venue and procedure
*306 A. The superior court shall have original jurisdiction in proceedings to establish or enforce the duties of support as prescribed in this chapter. All such proceedings shall be civil actions except as provided in § 12-2458. Proceedings to establish or enforce the duties of support as prescribed in this chapter may be originated in the county of residence of the respondent or the petitioner or of the child or children subject of the action.
B. Proceedings to establish or enforce the duties of support as prescribed in this section may be commenced by any person, agency or entity providing support for a child or having physical custody of such child filing a verified petition alleging that a child is entitled to support from the named respondent. Only a natural person may petition to establish a duty of support except as provided in title 8 and title 12, chapter 7, article 3. Procedure upon filing of the petition shall be as in other civil cases.
C. Upon filing of the petition, the court shall issue an order requiring the respondent to appear at the time and place set for the hearing on the petition. Service of the order and a copy of the petition shall be as provided in the rules of civil procedure, [emphasis added]

As set forth in that statute the venue of the court in both “proceedings to establish or enforce” support duties may be brought in the county of residence of either party or of the children. Use of the disjunctive “or” is not to be viewed as accidental or inadvertent. A.R.S. § 12-2455 appears to confirm the application of the above statute to the case before us.

§ 12-2455. Enforcement of support orders by execution, attachment, garnishment, levy, appointment, provisional remedies

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

Related

Howie v. Howie
Court of Appeals of Arizona, 2025
Weiss v. Weiss
Court of Appeals of Arizona, 2017
Courtney v. Hon. foster/courtney
334 P.3d 1272 (Court of Appeals of Arizona, 2014)
Davis v. Davis
284 P.3d 23 (Court of Appeals of Arizona, 2012)
STATE EX REL. INDUS. COM'N v. Word
224 P.3d 169 (Arizona Supreme Court, 2010)
State ex rel. Industrial Commission v. Word
224 P.3d 169 (Arizona Supreme Court, 2010)
Polacke v. Superior Court
823 P.2d 84 (Court of Appeals of Arizona, 1991)
Tande v. Bongiovanni
678 P.2d 531 (Court of Appeals of Arizona, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
660 P.2d 1231, 135 Ariz. 304, 1982 Ariz. App. LEXIS 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pflum-v-pflum-arizctapp-1982.