Coburn v. Rhodig

Citation: Not availableDocket: 1 CA-CV 16-0399-FC

Court: Court of Appeals of Arizona; August 3, 2017; Arizona; State Appellate Court

Original Court Document: View Document

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Michael Rhodig appeals a decision from the superior court that granted Laurin Coburn's petition to enforce spousal maintenance arrearages. The court had previously ruled that it lacked jurisdiction to consider the parties' subsequent written agreement, which adjusted the amount owed, citing Arizona Revised Statutes A.R.S. § 25-317(G) and the non-modifiable nature of the original decree. Rhodig argued that this agreement established equitable defenses of waiver, estoppel, and laches, which should be considered without modifying the decree. The court's error in concluding it had no jurisdiction led to the reversal of its order, and the case is remanded for consideration of the written agreement and Rhodig's equitable defenses. The facts indicate that the couple divorced in 2010 with a decree mandating Rhodig to pay $3,000 monthly for five years, after which Coburn sought enforcement of arrears, claiming duress in the agreement. The court's ruling resulted in a judgment against Rhodig for $136,000 in arrears plus interest. Rhodig's appeal was filed timely, and the court has jurisdiction to review the matter. The legal question centers on whether the statute prevents the consideration of his equitable defenses.

The superior court determined it did not have jurisdiction to modify the spousal maintenance provision in the decree, referencing the case of Waldren. In Waldren, the court upheld a decree stating that the husband would pay spousal maintenance for sixty months with non-modifiable terms. After the husband became disabled and sought to modify the maintenance under Arizona Rule of Civil Procedure 60(c)(5), the court ruled that this procedural rule could not alter substantive rights, particularly concerning the court's jurisdiction as defined by A.R.S. 25-317(G), which prohibits modification of non-modifiable spousal maintenance decrees.

The court emphasized that allowing relief under Rule 60(c)(5) would undermine the substantive statutory limitation on its jurisdiction. While Waldren did not address equitable defenses, the current case involved the wife waiving collection of arrears rather than seeking a modification of the decree. A.R.S. 25-317(G) restricts the court from modifying maintenance agreements, yet does not prevent the application of equitable defenses when responding to a petition for enforcing arrearages. If the husband provides clear and compelling evidence of an equitable defense, the court may deny the wife's enforcement petition without modifying the decree. 

The distinction between modification and equitable defenses is also recognized in child support cases, where defenses such as waiver and estoppel are permissible despite the inability to retroactively modify support orders. Courts have found no public policy against applying these defenses to child support arrearages, and applying the same standard to spousal maintenance arrearages would align with public interests in certainty and finality while minimizing post-decree litigation.

Wife argues that equitable defenses applicable to child support arrearages should not apply to spousal maintenance due to the differing nature of these obligations. She references *Ames v. Ames*, where the court dismissed her enforcement petition under a three-year statute of limitations for spousal maintenance, emphasizing the need for prompt resolution of arrears and the goal of promoting independence for the spouse receiving maintenance. Although *Ames* acknowledges a distinction between child support and spousal maintenance statutes of limitation, it does not support Wife's argument against applying equitable defenses to spousal maintenance.

The superior court incorrectly determined it lacked jurisdiction to consider Husband’s equitable defenses, failing to assess the enforceability of the parties' agreement or whether Husband established waiver, estoppel, or laches. Husband claims the written agreement is enforceable and supersedes the consent decree, asserting that relief should be granted as a matter of law. In contrast, Wife contests the agreement's validity, claiming she signed it under duress, and both parties agreed to have the court resolve a preliminary legal question before delving into evidentiary matters. However, the court did not address these factual questions due to its jurisdictional error, necessitating an evidentiary hearing on remand.

Both parties requested attorneys’ fees and costs on appeal, but the court determined neither party took an unreasonable position and lacked sufficient information about their financial circumstances, thus denying the fees. However, Husband, as the prevailing party, is entitled to his costs upon complying with procedural rules. The court reverses the order enforcing the decree and remands for an evidentiary hearing to evaluate the written agreement's validity and Husband's equitable defenses.