Dobson v. Dobson

2012 UT App 373, 294 P.3d 591, 724 Utah Adv. Rep. 16, 2012 WL 6720450, 2012 Utah App. LEXIS 364
CourtCourt of Appeals of Utah
DecidedDecember 28, 2012
Docket20100455-CA
StatusPublished
Cited by16 cases

This text of 2012 UT App 373 (Dobson v. Dobson) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dobson v. Dobson, 2012 UT App 373, 294 P.3d 591, 724 Utah Adv. Rep. 16, 2012 WL 6720450, 2012 Utah App. LEXIS 364 (Utah Ct. App. 2012).

Opinion

OPINION

CHRISTIANSEN, Judge:

¶ 1 Tamara Turner Dobson (Wife) appeals the trial court's Decree of Divorce and Findings of Fact and Conclusions of Law, which awarded Wife physical and legal custody of the parties' two minor children and alimony for twenty years and two months. On appeal, Wife argues that the trial court abused its discretion in awarding the sum of $800 per month in alimony. We affirm in part, and reverse and remand in part.

BACKGROUND

¶ 2 David C. Dobson (Husband) and Wife married on May 6, 1989, and Wife filed a petition for divorce in July of 2008. During the marriage, the parties had three children. One child had reached her majority by the time of trial in July of 2009, and the other children were sixteen and fourteen years of age. At trial, the parties presented evidence on the following issues: the parties' incomes, the amount of child support and alimony, and whether $30,000 given to the parties by Husband's family was a gift or a loan. In terms of Husband's income, the trial court calculated Husband's gross monthly income at $9,927, after averaging the prior three years of his annual income, which included his base salary and supplemental grant income. After allowing for monthly deductions of $2,949, the trial court calculated Husband's net monthly income at approximately $6,350. In calculating Husband's net monthly income, the trial court made a mathematical error: Husband's net income should have been calculated at $6,978, rather than $6,850-a miscalculation of $628. Husband's monthly expenses, including his child support obligation of $1,582, totaled approximately $5,850. Based upon its error, the trial court incorrectly found that the difference between Husband's income and expenses totaled approximately $1,000.

¶ 3 In terms of Wife's income, the trial court determined that although she had a pay rate of approximately $10 per hour and earned $1,766 per month as a reservation agent for JetBlue Airways, she was underemployed and had work skills and a level of *593 education that made her capable of earning a greater income than she what was earning at the time of trial,. On the other hand, the trial court reasoned that it would be inappropriate to impute to Wife a higher income based on a level of skills she did not yet possess and that would require significant time to obtain. Thus, the trial court utilized the low end of the range testified to by an employability expert who opined that based upon the current labor market, Wife's immediate starting salary could be expected to be between $29,830 and $82,480 per year. Accordingly, the trial court imputed a gross monthly income to Wife of $2,500.

¶ 4 The trial court found that Wife's net monthly income, including her salary, child support, and dividend income from an inheritance, totaled approximately $3,962. After reducing Wife's claimed expenses by approximately $1,200, the court calculated Wife's monthly expenses, including those related to the parties' two minor children, at approximately $4,716. The shortfall between Wife's income and expenses was approximately $750 per month. Ultimately, the court awarded Wife $800 per month in alimony for a period equal to the length of the marriage.

¶ 5 The trial court issued its Findings of Fact and Conclusions of Law on August 6, 2009. After trial, Wife filed a motion for a new trial and to amend findings and an objection to the proposed decree of divorce. In her motion, Wife argued that the trial court erred when it failed to equalize the parties' standards of living and in using the child support payment received by Wife in its alimony determination. The trial court heard and denied Wife's motion for a new trial on October 9, 2009, and entered an Amended Decree of Divorce on April 28, 2010. Wife appeals.

ISSUES AND STANDARD OF REVIEW

¶ 6 The overarching issue on appeal is whether the trial court abused its discretion in awarding Wife only $800 in monthly alimony. Specifically, Wife argues that the trial court abused its discretion in determining the amount of alimony when it (1) included child support and the children's expenses in caleu-lating Wife's income and needs; (2) failed to consider Husband's increased ability to pay alimony onee his child support obligation terminates when the parties' two minor children reach majority; (8) failed to "address the statutory requirement to equalize the parties' respective standards of living" in calculating Wife's reasonable needs based on the standard of living that she enjoyed during the marriage; and (4) incorrectly imputed additional income to Wife. Wife also argues that the trial court plainly erred in determining the amount of Husband's alimony award when the court made a "mathematical error that substantially reduced [Husband]'s disposable income." Finally, Wife claims that the trial court failed to make adequate findings of fact supporting its alimony award with regard to reducing Wife's monthly expenses and deductions.

¶ 7 Trial courts have broad latitude in determining whether to award alimony and in setting the amount. "We review a trial court's award of alimony for an abuse of discretion" and "will not disturb a trial court's ruling on alimony as long as the court exercises its discretion within the bounds and under the standards we have set and has supported its decision with adequate findings and conclusions." Connell v. Connell, 2010 UT App 139, ¶ 5, 233 P.3d 836 (citations and internal quotation marks omitted).

ANALYSIS

I. The Alimony Award

A. Determination of Wife's Income and Needs

¶ 8 Wife first argues that the trial court abused its discretion when it considered Husband's child support payment and the children's expenses in determining Wife's income and needs. The trial court included Husband's portion of the child support obligation, in the amount of approximately $1,582, as part of Wife's monthly income. Likewise, when determining Wife's needs, the court included all of the children's expenses as part of Wife's monthly expenses.

¶ 9 Wife argues that by including child support and the children's expenses in its alimony determination, the trial court effec *594 tively miscalculated her income and needs. By considering the child support payment that Wife was to receive from Husband as a part of her income, Wife contends that the trial court skewed the alimony determination against her and left her with too little alimony to enjoy the same standard of living that she did during the marriage or that Husband enjoyed. She also argues that by considering the children's expenses with her own, the court did not adequately consider her needs.

¶ 10 Wife asserts that child support represents income to the children, not to her and that the trial court's actions were without precedent. For example, she points to the fact that the applicable statute mandates the trial court's consideration of seven factors in its alimony determination, including "the financial condition and needs of the recipient spouse," as opposed to the needs of the recipient spouse's children, and "the recipient's earning capacity or ability to produce income," as opposed to the recipient spouse's children's earning capacity. See Utah Code Ann. § 30-3-5(8)(a) (LexisNexis Supp.2012).

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Cite This Page — Counsel Stack

Bluebook (online)
2012 UT App 373, 294 P.3d 591, 724 Utah Adv. Rep. 16, 2012 WL 6720450, 2012 Utah App. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobson-v-dobson-utahctapp-2012.