In Re the Matter of Christopher Woolwine v. Roberta A. Abdallah

Phoenix, Arizona family law lawyers represented the parties in a divorce.



Roberta Abdallah ("Mother") and Christopher Woolwine ("Father") had equal parenting time with their children, and Mother was required to pay Father child support. The superior court entered temporary orders that drastically limited Father's parenting time and suspended Mother's child support obligation. Two months later, the court vacated its temporary orders without modifying Mother's child support obligation during the time that the temporary orders were in effect. Mother now argues that the court should have redetermined child support during the two months that the children were primarily in her care.



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egal issue Should a parent's child support obligation be adjusted when temporary orders significantly alter the parenting time schedule?

Headnote



FAMILY LAW. CHILD SUPPORT MODIFICATION. The case addresses whether the court erred in reinstating a mother's child support obligations after vacating temporary orders that altered parenting time, without considering the need for redetermination of child support during the period the temporary orders were in effect.



FAMILY LAW. PARENTING TIME MODIFICATION. The court evaluated whether a temporary modification of parenting time, prompted by unsubstantiated claims, constituted a substantial and continuing change in circumstances that required a modification of child support under Arizona Revised Statutes.



PROCEDURE. APPEALS. The judgment discusses the principle that an appellee's failure to file an answering brief does not automatically indicate a confession of error when the appeal relates to issues concerning a child's best interests.



Key Phrases Child support obligation. Parenting time schedule. Temporary orders. Substantial and continuing change. Legal decision-making authority.

Reversed