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Post-Divorce Agreement Cut Spousal Maintenance in Arizona Arrears Enforcement Case
Superior Court must consider parties’ post-divorce agreement to cut spousal maintenance and husband’s equitable defenses to nonpayment. After terms of agreement were satisfied, the wife petitioned to enforce maintenance awarded in the consent decree, seeking arrearages with interest. Spousal support was made non-modifiable by consent decree. Husband had complied with and relied upon the…
Equitable Defense of Waiver Allowed Husband Credit for Spousal Maintenance Payments Made Directly to Wife
Trial court properly credited husband with spousal maintenance payments made directly to the wife and not to the Arizona Support Payment Clearinghouse; equitable defense of waiver meant husband’s direct payments were permitted by law after court hearing. Gus Schultz v. Taryn Schultz Trial Court Rejected Wife’s Hyper-Technical Argument for Payment Arrears According to the…