Provinzano v. Provinzano
In Provinzano v. Provinzano, 116 Ariz. 571, 574-75, 570 P.2d 513, 516-17 (App. 1977), superseded in past by statute, A.R.S. 25-320(B) the Court considered the propriety of the family court's refusal to order a husband to pay child support to his ex-wife for the couple's disabled adult daughter pursuant to former A.R.S. 25-320(B).
That statute authorized the court to order support for a mentally or physically disabled child to continue past the age of emancipation "and to be paid to the custodial parent, guardian or child." Id. at 574, 570 P.2d at 516.
Among other things, the Provinzano court held that the court could authorize child support for an adult disabled child when "there has been a contemporaneous or prior award of custody of the emancipated child to one of the parents at a proceeding wherein the emancipated child is a party and the issues of the mental or physical disability of the child are presented to the court by appropriate pleadings." Id. at 575, 570 P.2d at 517.