Martin v. Martin
Court of Appeals of Arizona
1Opinion of the Court
OPINION
NOYES, Judge.
The issue is whether a judgment for child support arrearages is void if it fails to include automatic child support increases as provided for in the parties’ decree of dissolution. We hold that such a judgment is voidable, but not void. We also hold that the trial court did not abuse its discretion in refusing to set the judgment aside when the motion to do so was not filed until fourteen months after entry of the judgment and the court was given no reason to explain the long delay.
Facts and Procedural History
In June 1981, the twenty-year marriage of Chris (“mother”) and…
2Cases cited9 opinions
- Sparks v. Republic National Life InsuranceArizona Supreme Court · 1982
- In Re the Estate of MillimanArizona Supreme Court · 1966
- Cockerham v. ZikratchArizona Supreme Court · 1980
- Hatch v. HatchArizona Supreme Court · 1976
- Springfield Credit Union v. JohnsonArizona Supreme Court · 1979
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3Cited by20 opinions
- Catz v. ChalkerCourt of Appeals for the Sixth Circuit · 1998
- Duckstein v. WolfCourt of Appeals of Arizona · 2012
- State v. CramerCourt of Appeals of Arizona · 1998
- Hilgeman v. American Mortgage Securities, Inc.Court of Appeals of Arizona · 2000
- Cypress on Sunland Homeowners Ass'n v. OrlandiniCourt of Appeals of Arizona · 2011
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