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Darland v. Darland

Court of Appeals of Arizona, First Division, Division One

November 14, 2013

TARA DARLAND, Petitioner/Appellant,
v.
JEFF DARLAND, Respondent/Appellee.

         Not for Publication – Rule 111, Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. FC2010-050508 The Honorable Gerald Porter, Judge

Tara Darland, Phoenix Petitioner/Appellant in propria persona

The Murray Law Offices, PC, Scottsdale By Stanley D. Murray Counsel for Respondent/Appellee

Judge Patricia A. Orozco delivered the decision of the Court, in which Presiding Judge Randall M. Howe and Judge Kent E. Cattani joined.

MEMORANDUM DECISION

OROZCO, JUDGE

¶1 Tara Darland (Wife) appeals from the judgment of the family court ordering her to pay Jeff Darland (Husband) $1, 799.49 as reimbursement for Husband's overpayment of community debt obligations pursuant to the parties' property settlement agreement and the decree of dissolution of marriage. For the reasons set forth below, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 Wife and Husband divorced on September 26, 2011, pursuant to a Decree of Dissolution of [] Marriage (Decree). The Decree incorporated the parties' Shared Custody Agreement relating to the parties' minor children.

¶3 The parties also entered into a property settlement agreement (the Agreement). In the Agreement, the parties agreed to sell their asset, a PreRunner race truck (PreRunner), which was valued at approximately $300, 000, at a "commercially reasonable" price. They also agreed to use the net proceeds to pay certain community debts in the following priority before distributing any remaining proceeds to either of the parties:

(a) balance due on personal Visa in Wife's name (payment not to exceed twenty-five thousand dollars ($25, 000)); and Husband will continue to make minimum payments on this Card until the PreRunner is sold;
(b) balance due on personal Visa in Husband's name (payment not to exceed twenty-five thousand dollars ($25, 000));
(c) balance due to the Arizona State Department of Revenue for past due taxes for 2006 and 2007 in the approximate amount of seven thousand dollars ($7, 000);
(d) balance due to the Internal Revenue Service for past due taxes for 2006 and 2007 in the approximate amount of ...

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