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                  by Samuel A. Thumma](https://www.courtlistener.com/opinion/10802555/perez-v-mccrary/about:blank#o1)

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March 2, 2026 Get Citation Alerts Download PDF Add Note

Perez v. McCrary

Court of Appeals of Arizona

• Citations: None known
• Docket Number: 1 CA-CV 24-0909 FC

• Precedential Status: Non-Precedential

• Opinion

• Authorities (9)

• Cited By (0)

• Summaries (0)

• Similar Cases (0)

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Combined Opinion

                        by [Samuel A. Thumma](https://www.courtlistener.com/person/6251/samuel-a-thumma/)

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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:

SASHA NICOLE PEREZ, Petitioner/Appellant,

v.

TRAMAINE MCCRARY, Respondent/Appellee.

No. 1 CA-CV 24-0909 FC
FILED 03-02-2026

Appeal from the Superior Court in Maricopa County
No. FC2024-090049, FC2024-091380
The Honorable Keith A. Miller, Judge

AFFIRMED

COUNSEL

Sasha Perez, Mesa
Petitioner/Appellant
PEREZ v. MCCRARY
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Samuel A. Thumma delivered the decision of the Court, in
which Judge Andrew J. Becke and Judge Kent E. Cattani joined.

T H U M M A, Judge:

¶1 Sasha Nicole Perez (Mother) appeals from the Decree of
Dissolution of Marriage, ending her marriage with Tramaine McCrary
(Father). Mother argues the superior court erred by failing to sanction
Father for discovery and disclosure violations, by improperly determining
child support and the division of community debt, and by indicating it
would designate her a vexatious litigant if she made future filings. Because
Mother has shown no error, the superior court’s rulings are affirmed.

FACTS AND PROCEDURAL HISTORY

¶2 In January 2024, Mother filed and served on Father a Petition
for Dissolution of Marriage with Minor Children, stating she and Father are
the parents of one child, born in December 2022. In April 2024, after Mother
alleged Father failed to timely respond, the court entered a default decree
in a form Mother submitted. The decree dissolved the marriage and
awarded Mother sole legal decision-making authority. A separate order
required Father to pay Mother $1,252 in monthly child support, plus an
additional $100 a month to pay down $12,000 in past-due child support.

¶3 In April 2024, a day or two before the court signed the decree
and child support order, Father filed a separate Petition for Dissolution of
Marriage with Minor Children, listing the same child born in December
2022. After significant motion practice, the court set aside the April 2024
default decree, deemed Father’s petition as a response to Mother’s petition
and consolidated the cases. The court then ordered the parties to exchange
Affidavits of Financial Information and set trial for September 2024.

¶4 In August 2024, Mother amended her petition, claiming
domestic violence by Father and that the parties had community debt. Later
that month, Mother filed a separate pretrial statement and a notice of
discovery dispute stating Father had “chosen not to participate in any
meaningful way even when told that he was required to do so.” Father did
not file a pretrial statement.

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PEREZ v. MCCRARY
Decision of the Court

¶5 At the September 2024 trial, Mother and Father testified and
the court took the matter under advisement. In November 2024, the court
entered the decree dissolving the marriage, awarding joint legal decision-
making authority and adopting a parenting plan based on a two-week
cycle, with Father to pay Mother $210 in monthly child support. Finding an
equal division of community property was appropriate, the decree ordered
Mother to pay $1,038.59 in credit card debt and ordered Father to pay
Mother a $600 equalization payment. Other debts, including eviction debt,
were divided equally. Mother filed a timely appeal from the decree later in
November 2024.

¶6 In February 2025, Mother filed a motion for contempt and to
change parenting time, legal decision-making and child support, alleging
(among other things) Father had failed to pay child support or the $600
equalization payment. In March 2025, Mother filed a petition to modify and
a motion for temporary orders without notice, asserting “immediate
intervention” was needed to protect the child’s “health and well-being” due
to recurring health issues that occurred during Father’s parenting time. The
court denied the request for temporary orders but set a May 2025
evidentiary hearing.

¶7 At the May 2025 hearing, after Mother and Father testified,
the court dismissed Mother’s March 2025 petition because it was filed
before the expiration of the one-year statutory non-modification period. See
Ariz. Rev. Stat. (A.R.S.) § 25-411(A) (2026) (with exceptions not applicable
here, prohibiting requests to modify a decision-making or parenting time
“decree earlier than one year after its date.”).1 The court admonished
Mother that, if she filed further pleadings before the expiration of the one-
year period, “the Court will impose financial sanctions against her as a
vexatious litigant.” The court, however, accepted the parties’ stipulation
modifying parenting time, increasing Father’s monthly child support
payments to $779, plus $30 per month to apply to arrearages. The court also
set a July 2025 status conference to address Father’s child support
payments.

1 Absent material revisions after the relevant dates, statutes and rules cited

refer to the current version unless otherwise indicated.

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PEREZ v. MCCRARY
Decision of the Court

¶8 Mother filed a motion to reconsider these May 2025 rulings.
At the July 2025 status conference, the court ordered Father to pay Mother
$50 a month to cure his failure to make the $600 equalization payment in
the decree and noted the issue of child support had been resolved. A few
days later, in a final judgment under Arizona Rule of Family Law Procedure
78(c), the court denied Mother’s motion to reconsider, noting she had not
established a basis for a contempt finding. Mother filed an amended notice
of appeal challenging the July 2025 judgment denying her motion to
reconsider, as well as the May 2025 rulings.

¶9 This court has jurisdiction over Mother’s timely appeals
under Article 6, Section 9, of the Arizona Constitution and A.R.S. §§ 12-
120.21(A)(1) and -2101(A)(1) & (2).

DISCUSSION

¶10 Father failed to file an answering brief, which could be
construed as a confession of error. See Nydam v. Crawford, 181 Ariz. 101, 101
(App. 1994). Given the issues involved, including the best interests of a
young child, this court will exercise its discretion and address the merits of
Mother’s arguments.

I. Mother Has Shown No Error in the Superior Court Addressing
Father’s Pretrial Disclosure and Discovery.

¶11 Mother alleges that, in proceedings leading up to the
September 2024 trial, Father “failed to participate in discovery which
included not returning interrogatories, failure to turn over financial
affidavits, and that Mother learned of two books that [Father] had
published and was selling on Amazon.” Mother argues the superior court
erred by allowing Father to testify and present evidence that she alleges
was not properly disclosed. She asserts this “amounted to trial by ambush”
violating her due process rights, adding “[n]othing about this trial was
fair.”

¶12 The superior court has “broad discretion in ruling on
disclosure and discovery matters,” and this court reviews those rulings for
an abuse of discretion. Johnson v. Provoyeur, 245 Ariz. 239, 241-42 ¶ 8 (App.
2018) (citation omitted). “If a person fails to obey an order to provide or
permit discovery, or fails to comply with a disclosure or discovery rule, the
court may enter sanctions.” Ariz. R. Fam. Law P. (“ARFLP”) 65(b)(1)
(emphasis added). Thus, the imposition of Rule 65 sanctions is
discretionary, not mandatory.

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PEREZ v. MCCRARY
Decision of the Court

¶13 The record shows that, in addressing Mother’s objections to
Father’s lack of disclosure and discovery responses, the court stated it “may
not be able to consider all the evidence that [Father] ha[d].” The court
rejected Father’s evidence regarding service of Mother’s petition, stating
that was not at issue. To the extent that Mother argued the court should
have proceeded by default because of Father’s failure to make timely
disclosures, it appears the court rejected that proposed resolution. The
record shows that the court considered what was before it, excluded
evidence Father failed to disclose, considered what Father had disclosed
and allowed both parties an opportunity to be heard. Mother has shown no
abuse of discretion in those actions and has shown no denial of due process.
See Cruz v. Garcia, 240 Ariz. 233, 236 ¶ 11 (App. 2016) (“‘Due process entitles
a party to notice and an opportunity to be heard at a meaningful time and
in a meaningful manner,’ as well as a chance to offer evidence and confront
adverse witnesses.”) (citing cases).

II. Mother Has Shown No Error in the Division of Community
Property and the Equalization Payment.

¶14 Mother argues she should not be responsible for the full
community debt when Father “admitted he shared in the responsibility and
did not object to the community debt at any stage of the proceedings.”
Mother adds that Father acknowledged he owed Mother money and that
the superior court had “an obligation to equitably divide clearly identified
community property.”

¶15 The superior court’s ruling will be affirmed if there is
substantial evidence in the record supporting that ruling, Hurd v. Hurd, 223
Ariz. 48, 52 ¶ 16 (App. 2009) (citing cases), and this court accepts the
superior court’s factual findings unless clearly erroneous, In re Marriage of
Gibbs, 227 Ariz. 403, 409 ¶ 16 (App. 2011) (citing cases). The equitable
division of community property and community obligations is reviewed
for an abuse of discretion. See Hefner v. Hefner, 248 Ariz. 54, 57 ¶ 6 (App.
2019) (citing cases); accord Nesmith v. Nesmith, 112 Ariz. 248, 252 (1975).

¶16 The superior court equally divided community debts, with
the exception of the $1,038.59 credit card debt the decree found was
Mother’s responsibility. In doing so, the court considered evidence of pre-
petition debt Mother offered. Regarding eviction debt, Mother confirmed
that the parties were separated at that time. The court further questioned
whether Mother’s name was the only name on the eviction, which Mother
confirmed, stating “he wasn’t able to put anything [i]n his name.
Everything was in my name.” When asked if Father believed he should bear

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PEREZ v. MCCRARY
Decision of the Court

any of the debts that Mother claimed were community debts, Father
responded, “I’m not going to say I don’t agree. I do agree, because I was
married to her.”

¶17 To the extent Mother argues the court should have weighed
the evidence differently, this court does not reweigh evidence on appeal
and gives “due regard to the [superior] court’s opportunity to judge the
credibility of the witnesses.” Hurd, 223 Ariz. at 52 ¶ 16. Finally, the court
considered whether the allocation of property in considering the debt was
fair and equitable, ordering Father to make a $600 equalization payment to
Mother. On the record provided, Mother has shown no abuse of discretion.

III. Mother Has Shown No Error in the Court Dismissing Her March
2025 Petition While Accepting the Parties’ Stipulation to Modify
Parenting Time.

¶18 Mother argues the superior court “abused its discretion when
it dismissed [her] petition to amend parenting time, but yet amended
parenting time.” Mother’s March 2025 petition was premature, coming just
four months after the decree and citing no exception to the one-year
statutory non-modification period for such a request to modify. See A.R.S.
§ 25-411(A). Accordingly, the court properly dismissed her March 2025
petition. The parties, however, stipulated to modify parenting time in the
decree, and the court accepted that stipulation. Mother has not shown that
the court abused its discretion by accepting the parties’ stipulation to
modify the decree. See Lowther v. Hooker, 129 Ariz. 461, 463-64 (App. 1981)
(finding no error in accepting a stipulation by the parties to modify a decree
after considering child’s best interests) (citing authority). Again, Mother has
shown no error.

IV. Mother Has Shown No Child Support Error.

¶19 Asserting Father failed to participate in pretrial disclosure
and discovery, Mother argues Father disclosed at trial, for the first time,
that he had another child, which the court considered in determining child
support. The superior court has broad discretion in determining child
support, and this court will review the award for an abuse of discretion.
Nash v. Nash, 232 Ariz. 473, 478 ¶ 16 (App. 2013).

¶20 At trial, Father testified that he had two other children in
addition to the parties’ child. After confirming Father’s current rate of pay
was $26 an hour, the court asked, “what amount of child support are you
paying for your other children.” Father responded, “[f]or one of my
children, who’s like 10, it’s $256 every two weeks. And I don’t really pay

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PEREZ v. MCCRARY
Decision of the Court

child support for my second son. I just – just buy what he needs as far as in
clothes, shoes, pants. Sometimes food, depending on whatever his mom
asks.”

¶21 The superior court has significant discretion in addressing a
claimed lack of disclosure and discovery. See ARFLP 65(b)(1). Here, the
court considered Father’s trial testimony, which was subject to cross-
examination, in determining whether he had other support obligations.
Although the court could have exercised its discretion to preclude such
testimony, id., Mother has shown no error in the court’s refusal to do so.

¶22 Whether to credit a parent with the support of other children
is a discretionary decision. See A.R.S. § 25-320(B)(2)(d) (“If a parent is the
primary residential parent of a child from other relationships, that parent’s
Child Support Income may be reduced.”) (emphasis added). Here, the court
heard testimony from Father regarding his payment of support for his other
children and took that into consideration. Mother has shown no abuse of
discretion in the court doing so. See Strait v. Strait, 223 Ariz. 500, 502 ¶ 8
(App. 2010) (“Generally, a court may order reasonable and necessary child
support based upon the parents’ financial resources, and may ‘consider all
aspects of a parent’s income’ to ensure the award is just and ‘based on the
total financial resources of the parents.’”).

V. The Superior Court Did Not Err when It Conditionally
Admonished Mother.

¶23 Mother argues the court, in denying her premature March
2025 petition, erred by admonishing her and “stating it would label her as
a vexatious litigant” if she filed another premature petition. See A.R.S. § 25-
411(A). Contrary to Mother’s assertion, the court did not designate her a
vexatious litigant. Instead, it warned Mother of the need, in the future, to
comply with the one-year statutory waiting period and that, if she failed to
do so, sanctions might follow. Specifically, the court stated, “Mother is
admonished if she files any further pleadings for modification of the current
orders prior to expiration of the one-year requirement in A.R.S. § 25-411,
the Court will impose financial sanctions against her as a vexatious
litigant.” Mother has shown no abuse of discretion in the court providing
this warning.

VI. Attorneys’ Fees and Costs.

¶24 Mother requests an award of attorneys’ fees and costs on
appeal. Because she has shown no entitlement to such an award, her request
is denied.

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PEREZ v. MCCRARY
Decision of the Court

CONCLUSION

¶25 The superior court’s rulings are affirmed.

MATTHEW J. MARTIN • Clerk of the Court
FILED: JR

8