Filed April 20, 2006; Court of Appeals, Division One
The trial court’s order denying Father’s Rule 60(c) Motion for relief from the non-modifiable spousal maintenance obligation was VACATED Rule 60(c)(5)* may be available for relief from a non-modifiable spousal maintenance order if that order is unjust because of extraordinary circumstances that cannot be remedied by legal review. Specifically, Rule 60 (c)(5) provides that relief can be granted where it is “no longer equitable that the judgment should have prospective application.”
ARS 25-319(C) provides that the parties can agree that a maintenance order may state that maintenance terms shall not be modified. The Waldren decision is not contradictory to the statutory language, according to the Court of Appeals, because 319C does prevent modification for “ordinary” changed circumstances. The relief provided by Rule 60(c)(5) is reserved for “extraordinary changed circumstances”.
View the case at http://www.cofad1.state.az.us/opinionfiles/CV/CV040466.pdf
*Note that Rule 60(c)(5), A.R.C.P. is Rule 85(c)(1)(e), Arizona Rules of Family Law Procedure.