We want to talk to you about the effect of CDRP pay on alimony in Arizona. If you are reading this article, you probably already know CDRP pay refers to concurrent disability and retirement pay. The Arizona Court of Appeals addressed the issue of the effect of “CDRP” pay on alimony in Arizona. If you are ordered to pay spousal support, you can move to modify the amount if you show changed circumstances, like the loss of a job or a significant change in earnings.
Some types of income cannot be considered by the court in determining appropriate spousal support, including military disability pay awarded under 38 United States Code chapter 11.
In the recent case of In re Marriage of Priessman 266 P.3d 362 (Ariz. Ct. App. 2011), the Arizona Court of Appeals discussed whether the law also prohibited a divorce court from considering military disability pay awarded under other provisions of federal law.
Kurt and Chong Priessman met and married in Korea in 1979 and divorced in 2005. The divorce court awarded Chong $1,750.00 a month spousal support, to continue indefinitely. This award was based on Kurt’s income of $6,966 per month and Chong’s income of $800 per month. Over time, Kurt quit his job and fell behind on his payments.
In 2006, Kurt filed two motions to modify spousal support based on the change of circumstances. The court found that the change in circumstances – loss of employment — was initiated by Kurt himself. Therefore, it denied the motion.
In 2010, he filed a third motion seeking a reduction in spousal support and back support, which amounted to over $63.000. He claimed that both the Department of Veterans Affairs and the Social Security Administration made findings that he was unemployable and that the findings were retroactive to 2006 and 2007.
The court reduced Chong’s support to $1,000 going forward but refused to reduce the back spousal support amount. This appeal followed. When the divorce court made its ruling, it considered Kurt’s Social Security disability income, his retirement income, and his income under Concurrent Retirement and Disability Pay or “CRDP,” awarded under 10 the United States Code § 1413a.
CRDP Pay and the Calculation of Alimony in Arizona
Kurt argues that the court could not consider CRDP income for spousal support purposes because of Arizona law § 25–530. That law prohibits Arizona trial courts from considering certain military disability benefits: those awarded under title 38 United States Code chapter 11. Kurt’s CRDP was based on his military disability, but it was not awarded under title 38, but rather title 10. Therefore, the Arizona law did not apply to it.
The Court of Appeal declined to consider the legislative history of the Arizona law since it was perfectly clear and specific about what type of disability pay a trial court could not consider. Therefore, it ruled that the Priessman judge was permitted to consider Kurt’s CRDP pay.
Kurt’s second argument was the judge should have reduced the amount of back spousal support he owed because the federal ruling on his inability to work was back-dated to 2006.
However, the Arizona law permitting motions to modify states that any support provisions in a divorce decree can be modified “except as to any amount that may have accrued as an arrearage before the date of the notice of the motion … to modify or terminate.” Since the back support, in this case, had already accrued, the later court modification could not alter the sum due.
If you need information on the effect of DCRP pay on alimony in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona alimony attorneys have over 100 years of combined experience successfully representing clients in alimony cases in Arizona.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona alimony case around today.
Other Articles About Spousal Maintenance in Arizona
- RULES FOR INDEFINITE OR LIFETIME SPOUSAL MAINTENANCE IN ARIZONA
- ARIZONA ALIMONY AND SPOUSAL MAINTENANCE LAWS
- ATTRIBUTING INCOME FOR SPOUSAL SUPPORT IN ARIZONA
- WHO QUALIFIES FOR SPOUSAL MAINTENANCE IN ARIZONA
- TERMINATION OF ALIMONY UPON REMARRIAGE IN ARIZONA
- EFFECT OF MERGER ON MODIFICATION OF ALIMONY IN ARIZONA
- MILITARY DISABILITY AND ARIZONA ALIMONY
- VA DISABILITY BENEFITS AND ALIMONY IN ARIZONA
- STATUTE OF LIMITATIONS ON ALIMONY IN ARIZONA
- AMBIGUOUS ALIMONY TERMS IN AN ARIZONA DIVORCE DECREE
- CIRCUMSTANCES TO MODIFY ALIMONY IN ARIZONA
- WHAT DOCTORS SHOULD KNOW ABOUT ALIMONY IN ARIZONA
- EFFECT OF EXCESSIVE SPENDING ON A CLAIM FOR ALIMONY IN ARIZONA
- WAIVING SPOUSAL MAINTENANCE IN A PRENUPTIAL AGREEMENT IN ARIZONA
- ALIMONY AND OVERTIME IN ARIZONA
- CREDIT FOR DIRECT PAYMENTS OF SPOUSAL MAINTENANCE IN ARIZONA
- WAIVER OF SPOUSAL MAINTENANCE IN ARIZONA
- THE DATE COURTS USE FOR A CHANGE IN CIRCUMSTANCES TO MODIFY ALIMONY IN ARIZONA
- WHEN DOES SPOUSAL MAINTENANCE TERMINATE ON REMARRIAGE IN ARIZONA
- DEFENSES TO NON-MODIFIABLE SPOUSAL MAINTENANCE IN ARIZONA
- CATEGORIES OF ALIMONY IN ARIZONA
- NOT SUPPORTING YOURSELF WILL NOT EXTEND ALIMONY IN ARIZONA
- EFFECT OF SHARING LIVING EXPENSES ON ALIMONY IN ARIZONA
- ALIMONY IN ARIZONA FREQUENTLY ASKED QUESTIONS
- ARE THE COSTS OF HEALTH INSURANCE CONSIDERED FOR ALIMONY IN ARIZONA
- ARIZONA SPOUSAL MAINTENANCE GUIDELINES
- CAN YOU MODIFY OR TERMINATE ALIMONY EARLY IN ARIZONA
- CONTINUING SPOUSAL MAINTENANCE AFTER DEATH OF A FORMER SPOUSE IN ARIZONA
- DENIAL OF SPOUSAL SUPPORT AS A SANCTION IN AN ARIZONA DIVORCE
- EMPLOYMENT HISTORY AND ALIMONY IN ARIZONA
- HOW DO THE ARIZONA SPOUSAL MAINTENANCE GUIDELINES WORK
- HOW LONG DO YOU HAVE TO BE MARRIED TO GET ALIMONY IN ARIZONA
- IS ALIMONY IN ARIZONA TAXABLE INCOME
- LIVING TOGETHER AND SPOUSAL MAINTENANCE IN ARIZONA
- MODIFYING NON-MODIFIABLE ALIMONY IN ARIZONA
- NON-MODIFIABLE SPOUSAL SUPPORT IN ARIZONA
- PROBLEMS WITH ARIZONA ALIMONY CALCULATORS
- STANDARD OF LIVING AND ALIMONY IN ARIZONA
- STOP SPOUSAL MAINTENANCE PAYMENTS IN ARIZONA
- TERMINATE ALIMONY UPON REMARRIAGE IN ARIZONA
- VETERANS DISABILITY AND ALIMONY IN ARIZONA
- WHAT EFFECT DO CHILDREN’S COLLEGE COSTS HAVE ON ALIMONY ARIZONA
- DOCTORS FACING SPOUSAL MAINTENANCE ISSUES IN ARIZONA
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.