Strait v. Strait
In Strait v. Strait, 223 Ariz. 500, 502,6, 224 P.3d 997, 999 (App. 2010), a father received an insurance settlement arising from protracted litigation involving significant property damage to his home. Id. at 502,4, 224 P.3d at 999.
The trial court determined the entire amount was includable as gross income for purposes of calculating child support. Id. at5.
On appeal, the Court concluded it would be improper to consider the entire amount as gross income without offsetting litigation expenses, recoupment of lost capital, or funds needed to remediate the property damage. Id. at 503,11, 224 P.3d at 1000.
The Court therefore remanded for the trial court to consider the nature and purpose of the settlement proceeds and the net amount received. See id. at 504,14, 224 P.3d at 1001.