Jaen v. Hoag


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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: AMARILIS DELCARMEN JAEN, Petitioner/Appellee, v. JEFFREY R. HOAG, Respondent/Appellant. No. 1 CA-CV 22-0431 FC FILED 6-1-2023 Appeal from the Superior Court in Mohave County No. L8015DO202107011 The Honorable Megan A. McCoy, Judge VACATED AND REMANDED COUNSEL Thomas A. Morton PLLC, Phoenix By Thomas A. Morton Counsel for Petitioner/Appellee Schiefer Law Firm PLC, Mesa By Spencer T. Schiefer Counsel for Respondent/Appellant JAEN v. HOAG Decision of the Court MEMORANDUM DECISION Judge Andrew M. Jacobs delivered the decision of the Court, in which Vice Chief Judge David B. Gass and Judge Brian Y. Furuya joined. J A C O B S, Judge: ¶1 Jeffrey Hoag (Father) appeals from several rulings in the decree dissolving his marriage to Amarilis DelCarmen Jaen (Mother). Because the superior court did not make certain findings required by statute and rule, we vacate the legal decision-making, parenting time, relocation, spousal maintenance, and child support orders and remand for further proceedings. FACTS AND PROCEDURAL BACKGROUND A. The Parties’ Marriage ¶2 Mother and Father met online when Mother lived in Panama and Father lived in the United States. Father visited Panama in 2012, and they decided to marry. In February 2014, Mother moved to the United States, and they got married. They had a son in 2014 and a daughter in 2016. Their son has autism and an individualized education program (IEP). He has also received services from speech and occupational therapists. ¶3 When Mother arrived in the United States, she had completed her education and training to become a medical doctor in Panama. She spoke little English and did not work after moving to the United States. Father has a college degree and worked in commercial property management until 2019. At the time of trial, he was working part-time on a golf course maintenance crew earning $13.50 an hour. B. The Dissolution Proceeding ¶4 Mother petitioned for dissolution in January 2021. She wanted to return to Panama with the children where she testified she has a job waiting for her as a doctor earning $1500 a month. According to Mother, $1500 provides a good standard of living in Panama. Despite that testimony, she also requested $1000 a month in spousal maintenance for five years and child support. Father opposed the relocation and spousal maintenance requests. 2 JAEN v. HOAG Decision of the Court ¶5 The superior court proceedings focused substantially on competing allegations of domestic violence. Both parties sought sole legal decision-making authority based, in part, on allegations that the other committed domestic violence. In particular, both parties alleged the other was abusive and obtained orders of protection against each other in December 2020. ¶6 Father’s assertions of domestic violence were to some extent undisputed. Mother pled guilty to criminal damage in 2021 for damaging Father’s car after an …

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