Bryant v. Bryant

762 P.2d 1289, 1988 Alas. LEXIS 142, 1988 WL 111834
CourtAlaska Supreme Court
DecidedOctober 21, 1988
DocketS-2332
StatusPublished

This text of 762 P.2d 1289 (Bryant v. Bryant) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryant v. Bryant, 762 P.2d 1289, 1988 Alas. LEXIS 142, 1988 WL 111834 (Ala. 1988).

Opinion

OPINION

RABINOWITZ, Justice.

I. FACTS AND PROCEEDINGS.

Heidi and Bill Bryant were married on March 19, 1971, at Fort Benning, Georgia. They had one child. The Bryants were divorced in Fairbanks on March 9, 1979. Under the terms of the decree of divorce, Heidi received “care, control and custody” of their son. Bill was required to pay $150 per month child support. He was also required to “pay to [Heidi] $182 per month for 11 years as alimony.” Heidi also received a snowmobile, a car, and the personal property of herself and her son. Bill was awarded a house and three lots in Fairbanks, with the debts thereon, a car, his personal property, and all of the marital debts.

Within approximately one year of their divorce, disputes had arisen over the alimony payments. On June 9, 1980, Heidi obtained a judgment against Bill for $1,820 in “back due alimony.” On April 5, 1982, judgment was entered against Bill for $7,562.51 in “child support and alimony ar-rearages” as well as attorney’s fees. And on December 13, 1983, Heidi was awarded another judgment of $6,740.94 in “child support and spousal support arrearages” and attorney’s fees. Each of these judgments was executed against Bill’s military retirement pay.

On August 17, 1982, Heidi remarried. On March 20, 1986, Bill filed a Motion to Terminate Alimony Payments and to Apply Overpayments to Child Support. In the accompanying memorandum in support of his motion, Bill noted that Heidi had remarried, and that Voyles v. Voyles, 644 P.2d 847 (Alaska 1982), required, as a matter of law, that alimony terminate upon the recipient spouse’s remarriage.

In opposition to Bill’s motion, Heidi pointed out that “[tjhis rule does not apply if alimony is, in fact, intended to provide child support ... or where the award is an integral part of a property settlement.” She argued that the alimony was an integral part of a property settlement.

*1290 Bill responded that there was no evidence that the alimony awarded was in fact a property settlement. He argued that the stipulated change in their divorce agreement, which changed the alimony provision from $200 per month for ten years, secured by a deed of trust on Bill’s real property, to $182 per month for eleven years, was effected for tax purposes. Heidi countered with an affidavit in which she asserted that “[t]he payment was classified as alimony, however, it actually was reflecting payment for my share of the marital property which Bill J. Bryant received in the divorce.”

Superior Court Judge Victor Carlson denied Bill’s motion to terminate alimony on September 24, 1986, stating that “it appears as if this $182 per month amount is a property settlement.”

Six months later Bill filed a Motion to Terminate Collection of Alimony from Military Retired Pay and Accounting for Illegally Collected Monies. In his memorandum in support of the motion, Bill argued that 10 U.S.C. § 1408(d)(2) prohibited Heidi from garnishing his retirement pay for “payments in the nature of property settlement” because they had not been married for at least ten years. 1

The superior court, Judge Peter A. Mi-chalski, denied Bill’s motion. In his Decision and Final Order, Judge Michalski noted that Judge Carlson had indicated that the $182 per month appeared to be a property settlement. He further remarked that the previous order had been “forwarded to the United States Army by [Bill’s] attorney ... [and] apparently resulted in the end of garnishment of retirement pay due to army regulations which allow garnishment of retirement pay for child support and alimony but not for property settlements.” Judge Michalski then stated:

The “$182.00 per month for 11 years as alimony” is alimony which is an integral part of a property settlement. That does not mean that the alimony is not alimony. It means the equities at the entry of the decree, called for granting alimony in the amount stated. The preference of Alaska law for property division in lieu of alimony does not mean that when alimony is granted as an integral part of a property settlement in the wrapping up of a marital estate that it is no longer alimony.

(Emphasis in original.)

Bill Bryant appeals Judge Michalski’s denial of his motions (1) to terminate collection of alimony from military retirement pay, and (2) for an accounting for illegally collected monies.

II. THE ERRONEOUS STATEMENT IN THE SUPERIOR COURT’S ORDER.

Bill’s first two specifications of error are that “the trial court err[ed] in stating that the defendant [Bill] had moved to terminate the alimony award.... [and] in failing to address [the] defendant’s request to terminate collection of alimony in the nature of a property settlement from his military retire[ment] pay[.]”

In the order in question the superior court erroneously stated that it was deciding the “motion to terminate the alimony award,” rather than “the motion to terminate collection of alimony from military retired pay.” In our view this error was harmless since despite the erroneous wording of the order, the court addressed Bill’s request. 2

III. PROPRIETY OF THE GARNISHMENT.

Bill’s next two specifications of error challenge the superior court’s treatment of *1291 the $182 per month “alimony” he was required by the divorce decree to pay to Heidi. He challenges the trial court’s decision that his alimony payments were actually payments of a “property settlement.” He also questions whether the trial court actually denied his “request to terminate collection of alimony from his military retired pay when it ruled that the alimony in this case remained alimony even when it was an integral part of a property settlement agreement[.]” Finally, he argues that if his request was actually denied, the decision should be reversed.

At the time of their divorce in 1979, Bill and Heidi stipulated that he would pay her “$182 per month for 11 years as alimony.” (Emphasis added.) In each of the judgments Heidi obtained against Bill for ar-rearages in 1980, 1982, and 1983, the court referred to “alimony” or “spousal support.” In 1986, when Bill moved to terminate alimony under Voyles because Heidi had remarried, see supra p. 1289, Heidi argued for the first time that the alimony was really a property settlement. She therefore reasoned that the “alimony” should not be terminated under Voyles. The superior court agreed with her, concluding that the $182 per month amount was a property settlement. Neither party appealed this determination.

Bill argues that if the payments are a property settlement rather than alimony, his military retirement pay may not be garnished because 42 U.S.C. § 659(a) prohibits garnishment in this circumstance.

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Bluebook (online)
762 P.2d 1289, 1988 Alas. LEXIS 142, 1988 WL 111834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-bryant-alaska-1988.