In re Marriage of Woodward, 060220 AZAPP1, 1 CA-CV 19-0626 FC

Docket Nº:1 CA-CV 19-0626 FC
Opinion Judge:MCMURDIE, JUDGE.
Party Name:In re the Marriage of: VERONICA B. WOODWARD, Petitioner/Appellee, v. TIMOTHY G. WOODWARD, Respondent/Appellant.
Attorney:Donaldson Steward, P.C., Chandler By Heather N. Peláez Counsel for Petitioner/Appellee Jaburg & Wilk, P.C, Phoenix By Kathi Mann Sandweiss Co-Counsel for Respondent/Appellant Law Offices of Mathew S. Schultz, P.C, Tempe By Mathew S. Schultz Co-Counsel for Respondent/Appellant
Judge Panel:Presiding Judge Paul J. McMurdie delivered the decision of the Court, in which Judge Jennifer B. Campbell and Vice Chief Judge Kent E. Cattani joined.
Case Date:June 02, 2020
Court:Court of Appeals of Arizona
 
FREE EXCERPT

In re the Marriage of: VERONICA B. WOODWARD, Petitioner/Appellee,

v.

TIMOTHY G. WOODWARD, Respondent/Appellant.

No. 1 CA-CV 19-0626 FC

Court of Appeals of Arizona, First Division

June 2, 2020

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. FC2010-000789 FC2010-090409 (Consolidated) The Honorable Bradley H. Astrowsky, Judge.

Donaldson Steward, P.C., Chandler By Heather N. Peláez Counsel for Petitioner/Appellee

Jaburg & Wilk, P.C, Phoenix By Kathi Mann Sandweiss Co-Counsel for Respondent/Appellant

Law Offices of Mathew S. Schultz, P.C, Tempe By Mathew S. Schultz Co-Counsel for Respondent/Appellant

Presiding Judge Paul J. McMurdie delivered the decision of the Court, in which Judge Jennifer B. Campbell and Vice Chief Judge Kent E. Cattani joined.

MEMORANDUM DECISION

MCMURDIE, JUDGE.

¶1 Timothy Woodward ("Husband") appeals from the superior court's order modifying the spousal-maintenance award to Veronica Woodward ("Wife"). For the following reasons, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶2 Wife petitioned for the dissolution of the couple's twenty-year marriage in February 2010. Before the trial, Husband moved to compel disclosure and requested sanctions - asking that the court preclude Wife from using evidence at trial she had not disclosed during discovery. The court granted the motions, stating Wife "shall not be allowed to use as evidence at trial or hearing the information not disclosed to [Husband] and his attorney." Thereafter, Husband moved to preclude Wife from testifying or submitting evidence to support a spousal-maintenance award. The court excluded Wife's witness and documents but allowed her to testify regarding maintenance.

¶3 After the trial, in January 2011, the court issued a "Decree of Dissolution of Marriage" ("Decree") that included an award of spousal maintenance with findings as listed in Arizona Revised Statutes ("A.R.S.") section 25-319. The court found: Wife worked from home during the marriage as a freelance graphic artist. Wife attributes her inability to work outside the home to health problems, including depression, anxiety, and diabetes. But she has provided no medical records or opinion or evidence from medical providers to indicate she cannot work full time or work outside the home.

(Emphasis added.) Further, the Decree provided Husband was "able to meet his own needs and at least some of Wife's needs as well." The court expected him to maintain his current level of income of "approximately $97, 827 per year." The court also found Wife had "not worked outside the home during the marriage, but . . . should at least be able to earn the equivalent of minimum wage." Further, the court found Wife had "a Bachelor's degree and experience in her field," and did "not need additional training or education to find appropriate employment." The court then ordered Husband to pay Wife $1500 per month for 96 months, beginning February 1, 2011.

¶4 In October 2018, Wife petitioned to modify spousal maintenance, arguing that a substantial...

To continue reading

FREE SIGN UP