STATE EX REL. DEPT. OF ECON. SEC. v. Lee

175 P.3d 85
CourtCourt of Appeals of Arizona
DecidedJanuary 29, 2008
Docket1 CA-CV 06-0810
StatusPublished

This text of 175 P.3d 85 (STATE EX REL. DEPT. OF ECON. SEC. v. Lee) 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
STATE EX REL. DEPT. OF ECON. SEC. v. Lee, 175 P.3d 85 (Ark. Ct. App. 2008).

Opinion

175 P.3d 85 (2008)

STATE of Arizona, ex rel. ARIZONA DEPARTMENT OF ECONOMIC SECURITY (Gloria A. Young), Petitioner/Appellee,
v.
David C. LEE, III, Respondent/Appellant.

No. 1 CA-CV 06-0810.

Court of Appeals of Arizona, Division 1, Department A.

January 29, 2008.

*86 Terry Goddard, Arizona Attorney General By Kathryn E. Harris, Assistant Attorney General, Phoenix, Attorneys for Petitioner/Appellee DES.

Florence M. Bruemmer, Anthem, Attorney for Respondent/Appellant.

OPINION

HALL, Judge.

¶ 1 In this appeal, we are asked to determine whether the trial court committed reversible error by ordering a parent to provide post-majority child support on the basis that the child was "attending high school" within the meaning of Arizona Revised Statutes (A.R.S.) sections 25-320(F) (2007) and -501(A) (Supp.2007). For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2 Gloria A. Young (Mother) gave birth to four children during her marriage to James H. Mother received public assistance from Aid to Families with Dependent Children (A.F.D.C.) for the support of those children.

¶ 3 On October 2, 1995, the State of Arizona (the State), through the Department of Economic Security, filed a complaint in the trial court to establish paternity of Mother's children.[1] Mother alleged that appellant David C. Lee, III was the biological father of *87 all four children. Genetic testing confirmed that Lee (Father) was, in fact, the biological father of all four children, and the trial court entered an order to that effect on March 20, 1996.

¶ 4 Subsequently, the trial court held a hearing to determine Father's past and present child support obligations. Father was ordered to pay $871.00 per month beginning May 1, 1996.[2] Father was also ordered to reimburse the State in the amount of $10,196.93 for benefits paid Mother by A.F.D.C.

¶ 5 On March 29, 2005, the State filed a Request to Enforce Support Order, alleging that Father owed $15,567.53 in past-due child support, plus interest. In response, Father disputed the amount of arrearages and requested credit for, among other things, payments he made after the youngest of the four children "dropped out of high school" at the age of eighteen. Following an evidentiary hearing, the trial court concluded that Father was obligated to support his youngest child (the Child) through February 2003 when the Child received his high school diploma. Father was ordered to pay $9,149.18 in child support arrearages. The trial court entered a signed judgment on December 19, 2005.

¶ 6 Father subsequently moved for a new trial and/or to alter or amend the judgment pursuant to Rule 59 of the Arizona Rules of Civil Procedure. Specifically, Father challenged the trial court's determination that the Child was not emancipated until February 2003. Relying upon §§ 25-320(F)[3] and -501(A), Father argued that any child support obligation should have ended when the Child turned eighteen in April 2002 or when he should have graduated from high school in May 2002. According to Father, the statutes were not intended to provide an extra year of support to a child on the "five year plan" for high school due to "failing grades and lousy attendance."

¶ 7 The trial court held oral argument on July 17, 2006, at which time it deemed Father's motion to be a motion for reconsideration, granted the motion, and scheduled an evidentiary hearing to determine the date of the Child's emancipation. During the evidentiary hearing, both Mother and Father presented testimony concerning the Child's high school attendance. At the conclusion of the hearing, the trial court determined that the Child had made a "sincere effort" to graduate from high school and that child support should continue through February 2003 when the Child graduated.

¶ 8 The trial court entered a signed judgment on November 8, 2006. Father timely filed a notice of appeal. We have jurisdiction pursuant to A.R.S. § 12-2101(C) (2003).

DISCUSSION

A. Standard of Review

¶ 9 The crux of the parties' dispute is whether the Child was "actually attending high school" within the meaning of §§ 25-320(F) and -501(A). We review de novo the trial court's interpretation and application of those statutes. See State ex rel. Dep't of Econ. Sec. v. Demetz, 212 Ariz. 287, 289, ¶ 6, 130 P.3d 986, 988 (App.2006).

B. The Language of §§ 25-320(F) and -501(A)

¶ 10 Our ultimate goal in construing a statute is to effectuate the legislature's intent. State v. Huskie, 202 Ariz. 283, 285, ¶ 5, 44 P.3d 161, 163 (App.2002). We look first to the plain language of the pertinent statutes. Id. If the language is clear and unambiguous, we look no further. Id. If the statutory language is unclear, we consider secondary principles of construction to discern the legislature's intent. Demetz, 212 Ariz. at 289, ¶ 7, 130 P.3d at 988.

¶ 11 The statutes before us are virtually identical. See Huskie, 202 Ariz. at 285, ¶ 7, 44 P.3d at 163. Section 25-320(F) provides, in relevant part:

*88 If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided during the period in which the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age. . . .

Section 25-501(A) similarly provides, in relevant part:

If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided while the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age. . . .

1. "Actually Attending High School"

¶ 12 The statutes do not define or describe what the words "actually attending" mean. In such a situation, we construe words left undefined by the legislature according to their "common and approved us[age]." A.R.S. § 1-213 (2002); see also Circle K Stores, Inc. v. Apache County, 199 Ariz. 402, 408, ¶ 18, 18 P.3d 713, 719 (App.2001) ("By declining to define a statutory term, the legislature generally intends to give the ordinary meaning to the word.") (citing Kessen v. Stewart, 195 Ariz. 488, 491, ¶ 6, 990 P.2d 689, 692 (App.1999)).

¶ 13 The word "attend" is commonly used to mean "to be present," "to take care," "give attention," and "to apply or direct oneself." The American Heritage Dictionary of the English Language (4th ed.2006); see also Lake Havasu City v. Ariz. Dep't of Health Servs., 202 Ariz. 549, 553-54, ¶ 16, 48 P.3d 499

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State ex rel. Arizona Department of Economic Security v. Lee
175 P.3d 85 (Court of Appeals of Arizona, 2008)

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Bluebook (online)
175 P.3d 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dept-of-econ-sec-v-lee-arizctapp-2008.