Child Custody Case Victory in Maricopa County, October 2026

Fraud upon the court is a demanding standard. Arizona courts describe it as “the most egregious conduct involving a corruption of the judicial process itself.” Under Alvarado v. Thomson, 240 Ariz. 12 (2016), a court may set aside a judgment when a party obtained it by hiding material facts and suppressing the truth with the intent to mislead the court. Equity allows this remedy because, as the Court noted, “fraud is the arch enemy of equity.” The evidence met that standard. The Court found that Mother: Filed fraudulent tax returns in Father’s name to increase the child support amount. Pretended to be Father, using an email address in his name to send the tax records to the Court’s division. This led the Court to reopen evidence and set a continued evidentiary hearing. Kept the fraud going through later post-judgment motions and petitions. Essentially, because of Mother’s fraud, the Court relied on the false evidence and testimony when it entered original child support orders against Father in 2023.