Jones v. Bell
Jones v. Bell
Opinion
NOTICE: NOT FOR OFFICIAL PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE ARIZONA COURT OF APPEALS DIVISION ONE
In re the Matter of: AMANDA JONES, Petitioner/Appellee, v. JEFFREY BELL, Respondent/Appellant.
No. 1 CA-CV 15-0418 FC FILED 5-12-2016
Appeal from the Superior Court in Maricopa County No. FC2014-095821 The Honorable Boyd W. Dunn, Judge Retired AFFIRMED
COUNSEL Jeffrey Bell, El Paso, TX Counsel for Respondent/Appellant Larson Law Office PLLC, Mesa By Robert L. Larson Counsel for Petitioner/Appellee JONES v. BELL Decision of the Court
MEMORANDUM DECISION Judge Kenton D. Jones delivered the decision of the Court, in which Presiding Judge Lawrence F. Winthrop and Judge Patricia K. Norris joined.
J O N E S, Judge: ¶1 Jeffrey Bell (Father) appeals the family court’s order modifying his child support obligation and awarding Amanda Jones (Mother) attorneys’ fees incurred during the proceeding. For the following reasons, we affirm.1 FACTS2 AND PROCEDURAL HISTORY ¶2 In October 2014, Mother filed a petition to establish paternity, legal decision-making, parenting time, and child support for one child, born in October 2008 (Child). By January 2015, the parties had reached an agreement that Father was the biological parent of Child and that they would share legal and physical custody of Child. A trial was held in April 2015 to address the remaining issues of child support and the allocation of attorneys’ fees. At the trial, Father argued he was laid off in March 2015 and had been unable to obtain comparable employment.
¶3 After taking the matter under advisement, the family court issued its order finding Father’s recent reduction in earnings was voluntary and unreasonable. After considering the relevant financial factors and discretionary allowances and adjustments in accordance with the Arizona Child Support Guidelines, the court ordered Father to pay Mother monthly child support of $333.31. The court also granted Mother’s request for an
JONES v. BELL Decision of the Court award of attorneys’ fees, finding both a substantial disparity of financial resources between the parties and that Father acted unreasonably in the litigation.
¶4 Father timely appealed. We have jurisdiction pursuant to Arizona Revised Statutes (A.R.S.) sections 12-120.21(A)(1)3 and -2101(A)(1).
DISCUSSION ¶5 Father argues the family court erred in entering an award of child support and attorneys’ fees “without having all facts.” Father also argues the court abused its discretion in concluding his unemployment was voluntary and attributing him income for purposes of calculating child support. We review the factual determinations underlying the calculation of child support and attorneys’ fees, and the resulting award, for an abuse of discretion. See In re Marriage of Robinson & Thiel, 201 Ariz. 328, 331, 335, ¶¶ 5, 20 (App. 2001).
¶6 Father contends that documents attached to his opening brief prove his unemployment is not voluntary. However, these documents are not contained within the record,4 and we will not consider them on appeal.
See Lewis v. Oliver, 178 Ariz. 330, 338 (App. 1993) (“We will consider only those matters in the record before us.”).
¶7 Furthermore, as the appellant, Father “is responsible for making certain the record on appeal contains all transcripts or other documents necessary for [this Court] to consider the issues raised on appeal.” Baker v. Baker, 183 Ariz. 70, 73 (App. 1995); see ARCAP 11(b) (explaining the duty of the appellant to order certified transcripts). No transcript was provided here, and, in the absence of a complete record, we presume both that substantial evidence exists to support the factual findings, both express and implied, of the family court, and that the court properly exercised its discretion. See Renner v. Kehl, 150 Ariz. 94, 97 n.1
JONES v. BELL Decision of the Court (1986) (citing Auman v. Auman, 134 Ariz. 40, 42-43 (1982), and Visco v. Universal Refuse Removal Co., 11 Ariz. App. 73, 76 (1969)). On this record, we find no error.5 CONCLUSION ¶8 The orders of the family court are affirmed.
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