Aballe v. Shaffer — Court upholds $8,362 past child-support award

Case
AZCARES No. 005010729000, State of Arizona, ex rel, DES, Anne Melrose Aballe v. Stephen Richard Shaffer
Court
Arizona Court of Appeals, Division One
Judge
Angela K. Paton (Doug Ducey, 2021); Cynthia J. Bailey (Doug Ducey, 2020); Michael J. Brown (Janet Napolitano, 2007)
Date Decided
October 15, 2026
Docket No.
1 CA-CV 26-0183 FC
Topics
Child support; Due process; Notice; Family law
Source
Read the full opinion

Background

The Arizona Department of Economic Security brought an action on Anne Melrose Aballe’s behalf to establish Stephen Richard Shaffer’s child-support obligation for their child, born in 2010. At a November 2025 meet and confer, the parties agreed on Father’s income, the absence of direct support payments, and Mother’s prospective income, but disputed Mother’s income for calculating past support.

Father did not attend the ensuing trial-setting conference or a January 2026 evidentiary hearing, despite the court’s finding that he had notice. Mother testified at the hearing, and the superior court entered an $8,362 judgment against Father for past child support. Father appealed, claiming inadequate notice and errors in calculating Mother’s income.

The Court’s Holding

The Court of Appeals affirmed. Although Father’s opening brief lacked required record and legal citations, the court exercised its discretion to reach the merits because the child’s interests were involved. It held that Father received constitutionally adequate notice: properly mailed court notices are presumed delivered, and due process requires notice reasonably calculated to inform a party, not actual notice.

The court also held that Father had a responsibility to monitor the docket, particularly because he knew the court would later resolve the disputed past-income issue. It found no abuse of discretion in the support calculation. Father did not provide the evidentiary-hearing transcript, so the appellate court presumed it supported the superior court’s findings concerning alleged parental gifts to Mother and Mother’s inability to work full time because of mental-health issues.

Key Takeaways

  • Due process does not require proof that a litigant actually saw mailed hearing notices when the notice method was reasonably calculated to inform the litigant.
  • Family-law parties must keep apprised of their cases and scheduled proceedings.
  • An appellant who omits a necessary hearing transcript risks a presumption that it supports the trial court’s factual findings.

Why It Matters

The decision underscores that a parent cannot avoid a child-support ruling simply by asserting that mailed notices were not actually received, especially after participating in the case and knowing that further proceedings would occur.

It also illustrates the practical importance of a complete appellate record. Without the hearing transcript, Father could not show that the superior court abused its discretion in assessing Mother’s income or the claimed financial assistance she received.

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