IN THE COURT OF APPEALS
STATE OF ARIZONA
DIVISION ONE
In re the Matter of: ) No. 1 CA-CV 07-0587
)
DEVON S. ENGEL, ) DEPARTMENT A
)
Petitioner/Appellant/ ) O P I N I O N
Cross-Appellee, )
)
v. )
)
JULIE KAY LANDMAN, )
)
Respondent/Appellee/ )
Cross-Appellant. )
__________________________________)
Appeal from the Superior Court in Maricopa County
Cause No. FC 2004-000812
The Honorable Edward W. Bassett, Judge
AFFIRMED IN PART; REVERSED IN PART; VACATED IN PART AND REMANDED
Sternberg & Singer, Ltd.
Phoenix
By Melvin Sternberg
Attorneys for Petitioner/Appellant/Cross-Appellee
The Cavanagh Law Firm, PA
Phoenix
By Christina S. Hamilton
Attorneys for Respondent/Appellee/Cross-Appellant
S W A N N, Judge
¶1
This is an appeal and cross-appeal from orders
modifying the amount of child support Devon Engel (“Father”) is
2
to pay Julie Landman (“Mother”). We hold that the trial court
erroneously attributed hypothetical income and childcare
expenses to a voluntarily unemployed parent because the Arizona
Child Support Guidelines do not support the use of such
attribution to increase the burden on the employed parent. We
further hold that the court erred in computing Father’s stock
option income.
I. FACTUAL AND PROCEDURAL BACKGROUND
¶2
The parties were divorced pursuant to a consent decree
in July 2004. The decree provided that Father would pay $2,000
per mont