Harding v. Sutherlin

Jack and Joan Harding were divorced in 1959. Custody of their two minor children was awarded to Joan and the decree provided that Jack pay monthly support on their behalf in the total amount of $100.00 per month. In 1963 Jack was adjudicated $5,300.00 in arrears in his support obligation. In 1965 his arrearages were adjudicated to be $6,500.00 and he was found in contempt of court and incarcerated for five days in the Maricopa County Jail. In 1966 arrearages were established at $6,750.00. In July 1969 Jack was again adjudicated in arrears in his child support payments in the amount of $9,610.00 and was found in contempt of court. On August 18, 1969 a written judgment was entered in favor of Joan. Thereafter, on August 22, 1969, Jack moved to amend the judgment on the basis that it failed to comply with the courts minute entry order and was not obtained in conformance with the provisions of Rule 58(d), Rules of Civil Procedure, 16 A.R.S. Pursuant to this motion the trial court on October 10, 1969, by a minute entry order, vacated the written judgment and ordered Jack to "comply with Rule 58, Rules of Civil Procedure." No written judgment was thereafter filed by either party.