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McNEIL v. HOSKYNS

No. 1 CA-CV 12-0685.

337 P.3d 46 (2014)

In re the Marriage of Nancy Sailors McNEIL, Petitioner/Appellant, v. Robert Nicholas HOSKYNS, Respondent/Appellee.

Court of Appeals of Arizona, Division 1.

September 30, 2014.

Attorney(s) appearing for the Case

Hymson, Goldstein & Pantiliat, PLLC, By Yvette D. Ansel, Scottsdale, Counsel for Petitioner/Appellant.

Gillespie, Shields & Durrant, By Mark A. Shields, DeeAn Gillespie Strub, Mesa, Counsel for Respondent/Appellee.

Chief Judge DIANE M. JOHNSEN delivered the opinion of the Court, in which Acting Presiding Judge PATRICIA K. NORRIS and Judge KENTON D. JONES joined.

OPINION

JOHNSEN, Judge.

¶ 1 By statute, the superior court lacks jurisdiction to modify a dissolution decree approving the parties' agreement that spousal support may not be modified. We hold in this appeal that the statute does not apply to a non-modifiable spousal support order that is the product of a fraud on the court.

FACTS AND PROCEDURAL HISTORY

¶ 2 Nancy S. McNeil ("Wife...

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