Lavicka v. Lavicka

── Lavicka v. Lavicka ── Court: Court of Appeals of Arizona Date: May 12, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE In re the Matter of: KELSEY WILLIAM LAVICKA, Petitioner/Appellee, v. TAMMY THERESA LAVICKA, Respondent/Appellant. No. 1 CA-CV 25-0146 FC FILED 05-12-2026 Appeal from the Superior Court in Maricopa County No. FC2017-003984 The Honorable Glenn A. Allen, Judge AFFIRMED IN PART; VACATED AND REMANDED IN PART COUNSEL Tiffany & Bosco PA, Phoenix By Kelly Mendoza, Charles E. Sears Counsel for Petitioner/Appellee Gillespie Shields & Taylor, Phoenix By DeeAn Gillespie Strub, Mark A. Shields, Connor L. Dennison Counsel for Respondent/Appellant Cervone Law PC, Phoenix By Kristina L. Cervone Co-Counsel for Respondent/Appellant  LAVICKA v. LAVICKA Decision of the Court MEMORANDUM DECISION Vice Chief Judge David D. Weinzweig delivered the decision of the Court, in which Presiding Judge Michael J. Brown and Judge Veronika Fabian joined. Judge Veronika Fabian specially concurring. W E I N Z W E I G, Vice Chief Judge: ¶1 Tammy Theresa Lavicka (“Mother”) appeals from a modified child support order. We affirm in part, vacate in part and remand for reconsideration. FACTS AND PROCEDURAL BACKGROUND ¶2 Kelsey William Lavicka (“Father”) and Mother divorced in August 2019. They share a child with special needs. Mother practiced optometry but is now fully disabled and receives $5,258 per month in social security and disability pension benefits. Father works as a professional engineer and serves in the National Guard. His 2023 W-2 income totaled $173,622.59. ¶3 Father also receives rental income and distributions from other businesses. He owns rental properties through Gut Heil, LLC and Kelcore, LLC. His 2023 tax return showed a net rental loss of $8,373 after depreciation and other deductions. His 2021, 2022 and 2023 tax returns show depreciation deductions totaling about $26,000 annually. ¶4 Father receives annual income from Kelcore. His tax returns show Kelcore paid him $58,500 in 2020, $49,250 in 2021 and $47,550 in 2022. His 2023 tax return shows $1,845 in dividends and $16,756 in passive income from Kelcore. Father said he did not know the exact 2023 distribution amount but confirmed the distributions are recurring and he keeps them all. ¶5 Mother petitioned the superior court in March 2024 to increase Father’s child support obligation. After an evidentiary hearing, the court set Father’s income at $14,468.55 a month—his W-2 income only— and ordered child support of $230 a month prospectively, plus $2,070 in past support. The court did not include income from Father’s rental properties because it found no evidence of a net profit after deducting 2  LAVICKA v. LAVICKA Decision of the Court expenses. Mother timely appealed. We have jurisdiction. A.R.S. §§ 12- 120.21(A)(1) and -2101(A)(1). DISCUSSION ¶6 Mother contends the superior court miscalculated Father’s child support payments because it excluded income from Father’s rental properties and distributions from Kelcore.1 We review child support awards for an abuse of discretion. Jacobs v. Jacobs, 259 Ariz. 467, 470, ¶ 16 (App. 2025). We accept the court’s factual findings unless clearly erroneous, but review de novo its conclusions of law and interp