Smith v. Smith

OPINION

THUMMA, Judge.

¶ 1 This procedurally unusual case involves a dispute over spousal maintenance required by a decree of dissolution entered by default in 2004. Years later, after terminating the spousal maintenance obligations of Greg Smith (Father), the superior court found Father waived his right to seek recovery of prior spousal maintenance payments from Michelle Smith (Mother), citing Arizona Rule of Family Law Procedure 29. Because Rule 29 does not bar Father’s request for recovery, the ruling to the contrary is vacated and this matter is remanded for further proceedings.

PACTS1 AND…