Doyle v. Doyle

2009 UT App 306, 221 P.3d 888, 642 Utah Adv. Rep. 14, 2009 Utah App. LEXIS 328, 2009 WL 3463922
CourtCourt of Appeals of Utah
DecidedOctober 29, 2009
Docket20080618-CA
StatusPublished
Cited by12 cases

This text of 2009 UT App 306 (Doyle v. Doyle) 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
Doyle v. Doyle, 2009 UT App 306, 221 P.3d 888, 642 Utah Adv. Rep. 14, 2009 Utah App. LEXIS 328, 2009 WL 3463922 (Utah Ct. App. 2009).

Opinion

OPINION

GREENWOOD, Presiding Judge:

11 Douglas Patrick Doyle (Father) appeals the trial court's order granting Robin Elaine Doyle's (Mother) motion to modify custody of their son (Son), arguing that the court made a fatal procedural error, incorrectly found a substantial and material change in cireumstances had occurred, and *891 erred in determining that Mother's eustody of Son would be in Son's best interest. See Utah Code Aun. § 30-3-10.4 (2007). In addition, Father argues that even if the trial court correctly modified custody, it erred in modifying child support because Mother had neither requested nor was she entitled to such a modification. We affirm in part and reverse and remand in part for entry of a proper child support order.

BACKGROUND

12 Father and Mother were divorced by a decree entered in February 2005. Father, then residing in Salt Lake City, Utah, was granted sole legal and physical custody of Son. 1 The decree also afforded Mother, then residing in Denver, Colorado, the following opportunity: "In the event [Mother] relocates to the Salt Lake Valley, the parties will have joint legal and physical custody and shall share time equally in alternating weeks and on holidays, as per standard schedule" (the joint custody provision). Less than three months later, in early May 2005, Mother moved back to the Salt Lake Valley in order to activate the automatic joint custody provision. Shortly thereafter, Father filed a Motion for Relief From Judgment pursuant to rule 60(b) of the Utah Rules of Civil Procedure, arguing that the joint custody provision impermissibly allowed custody to be prospectively changed based upon a future triggering event. See Utah R. Civ. P. 60(b)(6) (allowing courts to relieve parties from orders based on any reason justifying the requested relief, other than the reasons contained elsewhere in rule 60(b)). The trial court granted Father's motion, stating that the "change of custody requires notice and a hearing and cannot occur automatically upon a specified event." The trial court's order also maintained Father's custody of Son and amended the original Divorce Decree, Conclusions of Law{,] and Findings of Fact to reflect the order. 2 Mother did not appeal this order.

T3 Mother then petitioned to modify the custody award, asserting that there had been a substantial and material change in cireum-stances because (1) she now resided in the Salt Lake Valley, in the same neighborhood as Father and Son; (2) she had relocated in reliance on the now-invalidated joint custody provision, the absence of which makes custody uncertain; and (8) Son's best interests require stability in his custodial arrangement, including a stable relationship with Mother. In response, Father filed a motion to bifurcate the custody modification hearing into two separate hearings: one to address whether a substantial and material change in cireumstances had occurred and, if so, a see-ond hearing to determine whether, based on the changed circumstances, custody modification was in Son's best interests. The trial court granted Father's unopposed motion to bifurcate "[to the extent that [Father]T's [motion] merely reaffirms the [statutory] requirement" that the court first determine whether there has been a substantial and material change in cireumstances before reaching the best interests determination. The trial court further clarified that it did not agree with Father "if [his] intent is to have the Court hold separate trials on the bifurcated issues." The trial court accordingly informed the parties that "the material change issue [will be] presented first, but the parties should be prepared to immediately proceed to presentation of the substantive case if the court determines the threshold issue has been satisfied."

T4 At trial on Mother's petition to modify custody, the court received testimony from several witnesses, including Dr. Valerie Hale-the court-appointed eustody evaluator-and various officials from Son's school. At the beginning of the second trial day, the court made a "preliminary" finding that substantial and material changes had occurred since entry of the Divorcee Decree but reserved making a final determination on the issue until the remainder of the evidence had been presented and Father had been afford *892 ed a full opportunity to rebut Mother's evidence. The trial court ultimately affirmed this preliminary finding, stating that the striking of the joint custody provision, among other factors, constituted a substantial and material change in cireumstances not contemplated in the Divorce Decree. The trial court then made a best interests determination, concluding that, consistent with Dr. Hale's testimony and the recommendations of Dr. Hale and the Guardian Ad Litem (GAL), Mother's custody of Son was in Son's best interest. The trial court thus granted Mother's petition to modify custody and granted Mother sole legal and physical custody of Son.

I 5 The trial court also addressed the issue of child support after requesting and receiving supplemental briefing on that issue. According to the Divorce Decree, the social security disability benefits to which Son is entitled (the SSDI benefits) were credited against the child support obligations of both parents. 3 Otherwise, the Divorcee Decree did not address child support. Mother argued that the original child support provision was not legally correct because the SSDI benefits should only have been credited toward her support obligation, not toward Father's, because they were based on her disability. In addition, Mother argued that child support modification was necessary due to the recent custody modification. Father, on the other hand, argued that crediting the SSDI benefits to both parents was not error because it was not specifically prohibited by either statutory or case law, and that Mother is not entitled to support modification because she failed to request it in her petition to modify. The trial court agreed with Mother, determining that the original decree improperly credited the SSDI benefits against Father's support obligation, and that, although Mother did not explicitly request support modification in her petition, she was entitled to child support because it necessarily flowed from the custody modification. See id. R. b4(c)(1) (providing that, with exceptions not applicable to the present case, "every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings"). Child support was modified according to calculations Mother submitted, based on the table contained in subsection (2) of Utah Code section 78B-12-301. See Utah Code Ann. § 78B-12-301(2) (2008). Father now appeals.

ISSUES AND STANDARDS OF REVIEW

T6 Father first argues that the trial court's failure to "completely" bifurcate the change in cireumstances issue from the best interests issue constitutes reversible error. Whether the trial court was required to hold separate hearings on these two issues involves the interpretation of Utah case law. "Pure questions of law ... are reviewed for correctness." Huish v. Munro, 2008 UT App 283, ¶ 19, 191 P.3d 1242.

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Bluebook (online)
2009 UT App 306, 221 P.3d 888, 642 Utah Adv. Rep. 14, 2009 Utah App. LEXIS 328, 2009 WL 3463922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-doyle-utahctapp-2009.