Bailey v. Bailey

954 P.2d 962, 1998 WL 78041
CourtWyoming Supreme Court
DecidedFebruary 26, 1998
Docket96-97, 96-289, 96-290
StatusPublished
Cited by16 cases

This text of 954 P.2d 962 (Bailey v. Bailey) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bailey v. Bailey, 954 P.2d 962, 1998 WL 78041 (Wyo. 1998).

Opinions

THOMAS, Justice.

This case presents a familiar story of the dissolution of a marriage which Michael V. Bailey (the husband) desires to accomplish as inexpensively to himself as possible. In seeking that goal the primary issue he raises is the valuation of the stock of several closely held corporations, which resulted in a provision of the decree that he pay Diane L. Bailey (the wife) a lump sum of $323,081.50 to balance the division of property between the parties. Other asserted issues include a claim that the district court abused its discretion in determining income for child support; awarding child support based upon the disputed income; arriving at a division of the marital property; and denying a stay of the decree pending appeal. The husband also seeks relief in the form of a schedule of payments for the lump sum awarded in the property settlement. We hold that the value assigned to the corporate stocks was justified by the evidence submitted, and the trial court did not abuse its discretion in any of the matters argued by the husband in this Court. The evidence makes a schedule of payments of the lump sum awarded to the wife appropriate. We affirm the valuation of the corporate stocks; the determination of income for purposes of child support; the amount of the child support awarded; and the denial of the stay of the decree pending appeal. We remand the case for a hearing on an appropriate schedule of payments of the property settlement award.

In his Brief of Appellant, the husband articulates the issues in this way:

Property Division
I. Did the trial court err when it valued Husband’s interests in family businesses higher than the value they were required to be liquidated for pursuant to binding restrictive sale agreements?
Child Support
II. Did the trial court err in calculating Husband’s base net income for child support purposes?
III. Did the trial court err by including Husband’s annual bonus income from R & J Ent., Inc. in his base monthly support calculation?
IV. Did the trial court err by failing to exclude “phantom[] income” from Husband’s “bonus” child support calculation?
V. Did the trial court err by failing to exclude the net income Husband received from a one-time bonus in 1994 that was used to pay for the parties’ home and divided by the trial court in the property division?
VI. Did the trial court fail to apply the proper statutory guideline percentage to [964]*964the calculation of Husband’s “Bonus” support?
Alimony
VII. Did the trial court err in awarding alimony to Wife in light of the incorrect child support determination, property division and the other circumstances of the case?
VIII. Does the decree contain an improper alimony award to Wife characterized as a division of debt?
Stay on Appeal
IX. Did the trial court err in denying Husband a stay on appeal in the payment of alimony?

In the Brief of Appellee, Diane L. Bailey, a/k/a Diane L. St. Pierre, the wife sets forth these issues:

I.The disposition of property and awards of alimony and child support upon divorce are matters entrusted to the discretion of the trial court. Absent a clear abuse of that discretion, not present in this case, this court should affirm the trial court’s decision [J
A. The trial court properly valued Bailey’s interests in the family business, committed no abuse of its discretion and should be affirmed.
B. The trial court’s award of alimony is allowed by statute, within its discretion, and is just and equitable under the circumstances of this case.
C. The child support awarded is not an abuse of discretion and was based upon evidence in the record. Therefore, the trial court’s award of child support should be affirmed.

A Reply Brief of Appellant, filed by the husband, adds these issue statements:

I. Wife’s brief on appeal does not substantively address the Husband’s issues with cogent argument.
II. Wife severely misstates matters in the record.
III. Wife has failed to designate any portions of the record on appeal; a number of her references to the record should be stricken.

The husband and the wife were married on December 18, 1982, in Riverton. During the twelve years of their marriage, five children were born. Following their marriage, the wife left her employment at a bank, and became a homemaker, primarily responsible for the rearing of the children. The husband worked long hours for his family businesses, and he provided the main financial support for the family. Not long before the birth of the fifth child, in August of 1994, the husband and the wife separated. In September, the wife filed a Complaint for Legal Separation, and that was followed by a counterclaim for divorce by the husband. After four hearings, the district court entered a Decree of Divorce in December of 1995, but that decree did not address with finality the division of property, the custody of the children, child support, or spousal support. On March 4, 1996, the court entered an Order and Decree, later amended nunc pro tunc on April 8, 1996, settling the property division, custody, child support and alimony issues.

The district court awarded custody of the first child of the marriage to the husband, and the wife was granted custody of the other four children. No appeal is taken with respect to child custody. The husband does appeal from the decisions of the trial court with respect to property valuations and the division of that property, child support, and alimony.

In accordance with WYO. STAT. § 20-2-114 (1977), the court considered the respective merits of the parties, and determined that the wife was the aggrieved party for purposes of a just and equitable division of property. The husband owns a controlling interest in two closely held family businesses and is a stock holder in two more closely held family businesses. The corporations in which he holds a controlling interest are Bad Boys Limited Liability Company (Bad Boys LLC) and Bailey Enterprises, Inc. The other two corporations are R & J Enterprises, Inc. and Grandview Estates. The court found that it was appropriate to divide the value of the ownership interests in these businesses equally between the husband and the wife, while allowing the husband to maintain ownership. In arriving at a valuation of the [965]*965husband’s interests in these corporations, the court primarily accepted the valuations and the discount of those valuations suggested at the trial by the husband’s accountant. It then valued the husband’s ownership interest as follows:

Company Value
Bad Boys LLC
$432,000 (1994 valuation) x 72.5% = $313,200.00
Bailey Enterprises. Inc.
$780,000 (5/31/94 valuation) x 55.2% = 430,500.00

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Bailey v. Bailey
954 P.2d 962 (Wyoming Supreme Court, 1998)

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Bluebook (online)
954 P.2d 962, 1998 WL 78041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-bailey-wyo-1998.