Bowker v. Bowker

795 P.2d 1215, 1990 Wyo. LEXIS 90, 1990 WL 121117
CourtWyoming Supreme Court
DecidedAugust 22, 1990
DocketNo. 89-284
StatusPublished
Cited by5 cases

This text of 795 P.2d 1215 (Bowker v. Bowker) 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
Bowker v. Bowker, 795 P.2d 1215, 1990 Wyo. LEXIS 90, 1990 WL 121117 (Wyo. 1990).

Opinion

THOMAS, Justice.

The essential question in this appeal is whether the trial court appropriately exercised discretion in connection with the management of post-decree proceedings in a divorce case. The wife instituted those proceedings by seeking a contempt order because of the alleged failure of the husband to comply with the provisions of the divorce decree. The issues resolved by the trial court and re-presented in this appeal are whether the husband was in arrears on his alimony payments; whether the husband was entitled to have the alimony pay-[1217]*1217mente reduced because of a change in circumstances; and whether the requirement for alimony had been satisfied by the fact that the wife’s adjudicated interest in the husband’s retirement plan had been set over to her as her separate property. The district court ruled that the husband had not satisfied the alimony payments that had accrued as of the time of the hearing; that there was no change of circumstances to justify a change in the amount of monthly alimony; and that the alimony payments should continue because the retirement fund set over to the wife was not currently available to her. These rulings are assigned to the discretion of the district court and affirmed since we can discern nothing in the record to demonstrate an abuse of discretion.

Appellant, Dennis William Bowker (husband), raises these issues:

“A. Whether or not the appellant had fully paid the appellee all the alimony payments that were due and owing to her as a result of the property settlement agreement and divorce decree?
“B. Whether or not the appellant demonstrated a sufficient change of circumstances to require the district court to amend the alimony payments herein?
“C. Whether or not the alimony payments required to be paid to the appellee should be terminated due to the fact that her portion of the appellant’s retirement plan had been set over and distributed to her?”

Appellee, Charlotte Joyce Bowker (wife), provides this statement of the issues:

“Appellant states the first issue as follows:
“A. Whether or not the appellant had fully paid the appellee all the alimony payments that were due and owing to her as a result of the property settlement agreement and divorce decree?
“Appellee restates this issue as follows:
“A.l. Whether the Appellant failed to make alimony payments of $300 per month as set forth in the Property Settlement Agreement and Decree of Divorce.
“A.2. Whether the trial court’s findings are supported by substantial evidence.
“Appellant states the second issue as follows:
“B. Whether or not the appellant demonstrated a sufficient change of circumstances to require the district court to amend the alimony payments herein?
“Appellant states the third issue as follows:
“C. Whether or not the alimony payments required to be paid to the appel-lee should be terminated due to the fact that her portion of the appellant’s retirement plan had been set over and distributed to her?
“Appellee restates this issue as follows:
“C. Whether the segregation of retirement benefits, payable upon death or retirement of the appellant, into a separate account for appellee, constitutes a distribution of funds to the appellee, thereby relieving the appellant of future obligations to pay alimony-
“Appellee states a further issue:
“D. Whether the appellee is entitled to payment by the appellant of her attorneys fees and expenses and costs incurred in this appeal.”

The Bowkers’ marriage was dissolved by a decree of divorce entered on October 13, 1987. Of particular importance to this appeal is the provision of the decree which requires the husband to pay the wife.alimony, subject to a condition subsequent:

“IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendant [husband] shall pay to the plaintiff [wife] the sum of three hundred dollars ($300.00) per month starting immediately and continuing until the sums held in the True companies Employees Profit Sharing Trust for the plaintiff are distributed to her. When those funds are received in full by the plaintiff, she will pay back to the defendant the sum of all payments she had previously received pursuant to this paragraph.”

[1218]*1218Another provision of the divorce decree set over to the wife the sum of $45,000 as her share of the husband’s profit sharing plan.

In October, 1989, the wife filed a petition seeking a contempt order and alleging that the husband was in arrears in his alimony payments in the amount of $3,150. She also sought payment of her attorney fees incurred in enforcing her right to the alimony payments. The husband answered the petition and asserted that he had already paid the wife the amounts due as alimony; that he was no longer obligated to pay alimony because the wife’s share of his profit sharing plan had been set aside in her name and, therefore, “distributed” to her; that there had occurred a substantial change of circumstances justifying modification of the amount of alimony the husband should be required to pay the wife; that the provisions of the divorce decree were “ambiguous, unfair and oppressive”; and that the wife should be required to pay his attorney fees.

Arguing his first issue, the husband contends that the district court erroneously failed to credit toward the alimony payments due his wife certain items that he alleges he furnished to her or paid on her behalf. The husband asserts that, for fifteen months, the wife used a mobile home space that was provided to him by his employer. It is his contention that the value of the use of that space, $300 per month for fifteen months totaling $4,500, should be credited toward alimony payments. The husband also asserts entitlement to a credit on the alimony obligation because he furnished his wife with a television set that he valued at $520. In addition, he claims a credit for $1,500 in payments that he made for a car that was charged by the wife on his credit card. This vehicle actually was furnished to the parties’ adult daughter.

The husband requested specific findings of fact by the district court, and that court, in making those findings, ruled that the husband was not entitled to have those items described above credited against his alimony payments. When there is an issue as to whether there is sufficient evidence to support a determination by a trial court, we uphold the judgment if there is any evidence to support the finding and, in doing so, we examine only the evidence submitted by the prevailing party and give to it every favorable inference that may be drawn therefrom, without considering any contrary evidence. Hance v. Straatsma, 721 P.2d 575 (Wyo.1986); Broyles v. Broyles, 711 P.2d 1119 (Wyo.1985). The husband argues that the record will not support the findings of the district court but, in reaching his conclusion, he does not correctly interpret the record.

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Cite This Page — Counsel Stack

Bluebook (online)
795 P.2d 1215, 1990 Wyo. LEXIS 90, 1990 WL 121117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowker-v-bowker-wyo-1990.