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SMITH v. SMITH

No. 1 CA-CV 13-0330.

330 P.3d 371 (2014)

In re the Marriage of Michelle Marie SMITH, Petitioner/Appellee, v. Greg Roland SMITH, Respondent/Appellant.

Court of Appeals of Arizona, Division 1.

June 24, 2014.

Attorney(s) appearing for the Case

Fennemore Craig, P.C., Phoenix By Alexander R. Arpad, Co-Counsel for Petitioner/Appellee.

Rowley Chapman Barney & Burtrock, Ltd., Mesa By Joshua R. Boyle, Co-Counsel for Petitioner/Appellee.

Rubin & Samuels PLC, Phoenix By Michael S. Samuels, Counsel for Respondent/Appellant.

Presiding Judge SAMUEL A. THUMMA delivered the decision of the Court, in which Judge JOHN C. GEMMILL and Judge RANDALL M. HOWE joined.

OPINION

THUMMA, Judge.

¶ 1 This procedurally unusual case involves a dispute over spousal maintenance required by a decree of dissolution entered by default in 2004. Years later, after terminating the spousal maintenance obligations of Greg Smith (Father), the superior court found Father waived his right to seek recovery of prior spousal maintenance payments from Michelle Smith (Mother), citing Arizona Rule of Family Law Procedure 29. Because Rule 29...

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