Glover v. Crayk

2005 WY 143, 122 P.3d 955, 2005 Wyo. LEXIS 170, 2005 WL 3068207
CourtWyoming Supreme Court
DecidedNovember 17, 2005
Docket04-174
StatusPublished
Cited by16 cases

This text of 2005 WY 143 (Glover v. Crayk) 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
Glover v. Crayk, 2005 WY 143, 122 P.3d 955, 2005 Wyo. LEXIS 170, 2005 WL 3068207 (Wyo. 2005).

Opinion

GOLDEN, Justice.

[¶ 1] Appellant, Carl Glover, seeks review of the district court’s order purportedly clarifying the original decree of divorce regarding the benefits due Appellee, Karen Crayk, formerly known as Karen Glover, from Glover’s military pension. We find that the district court erred in entering this order and reverse.

ISSUE

[¶2] Glover presents the following issue for our review:

Did the district court err in modifying the formula for determining the Appellee’s proportionate share of Appellant’s military pension as set forth in the property settlement agreement and divorce decree?

Crayk states the issue as follows:

Did the [district [cjourt abuse its discretion in clarifying the Divorce Decree to create an “order” within the meaning of the Uniformed Services Former Spouse Protection Act so that Appellee Crayk could receive her rightful portion of the Appellant’s military pension?

FACTS

[¶ 3] The parties were manned on March 16, 1979, and were divorced on February 10, 1997. A Property and Child Custody Agreement executed between the parties and the subsequent Decree of Divorce awarded Crayk one-half of the sum that accrued in Glover’s military retirement fund during the first seventeen years of his military career.

[¶ 4] Apparently, the military was unable to divide Glover’s pension upon his retirement without further guidance from the district court. On September 4, 2003, Crayk filed a motion to amend and/or modify the provision of the divorce decree relating to the retirement benefits on the ground that the decree “did not constitute a[sic] ‘Order’ within the meaning of the Uniformed Services Former Spouse Protection Act.” Crayk requested that the provision be modified in accordance with the following “time rule” formula to provide a fair and equitable division of the marital property:

FURTHER, IT IS ORDERED, ADJUDGED AND DECREED, that [Crayk] is awarded 33.59621% of [Glover’s] disposa *957 ble military retired pay, to be computed by multiplying 50% times a fraction, the numerator of which is 213 months of marriage during [Glover’s] creditable military service, divided by [Glover’s] total number of months of creditable military service, which is 317.

Glover opposed the motion.

[¶ 5] Following a hearing 1 and consideration of additional exhibits submitted by Glover, 2 the district court issued a decision letter adopting Crayk’s proposed formula for dividing Glover’s retirement benefits. Glover asked the district court to reconsider its decision because it “gives [Crayk] a portion of [his] promotions and longevity increases after seventeen year [sic] of service and after the divorce.” The district court declined to do so and entered an order granting Crayk’s motion. The order provided:

WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that the Defendant, Karen Crayk, formerly known as Karen Glover, is awarded 33.59621% of the Plaintiff Carl Glover’s disposable military retired pay, to be computed by multiplying 50% times a fraction, the numerator of which is two hundred thirteen (213), representing the number of months the parties were married during the Plaintiff Carl Glover’s creditable military service and the denominator of which is three hundred seventeen (317), representing Plaintiff Carl Glover’s total months of creditable military service.

This appeal followed.

DISCUSSION

[¶ 6] At the outset, it must be noted that the record before this Court is ambiguous as to the exact nature of the proceedings below. Neither the parties nor the district court specify under what authority Crayk’s motion was brought or granted. Crayk’s motion was styled a “Motion to Amend and/or Modify Decree of Divorce.” Such a motion, however, could not be entertained by the district court because, once their divorce became final, the district court no longer had the authority to modify the property division provided by the divorce decree. Elsasser v. Elsasser, 989 P.2d 106, 109 (Wyo.1999).

[¶ 7] The district court, however, retained the authority to clarify an ambiguous property settlement provision provided in the original decree in order to effectuate the provision. Elsasser, 989 P.2d at 108-09; see also Kelly v. Kelly, 2003 WY 133, 78 P.3d 220 (Wyo.2003). In her motion, Crayk stated that the original divorce decree had to be modified because it “did not constitute a[sic] ‘Order’ within the meaning of the Uniformed Services Former Spouse Protection Act.” Presumably, the original decree was ambiguous as to how Crayk’s one-half share of Glover’s retirement benefits was to be calculated, thus preventing distribution of the benefits to Crayk. Based upon this underlying ambiguity, the divorce decree obviously needed to be clarified.

[¶ 8] This Court has previously held that the appropriate manner to handle such a clarification is by way of a W.R.C.P. 60(a) motion to correct a clerical mistake. Elsasser, 989 P.2d at 108 (stating that “W.R.C.P 60(a) is designed to clarify, as well as to correct, and is properly invoked to dispel either patent or latent ambiguities in a judgment”); Spomer v. Spomer, 580 P.2d 1146, 1149 (Wyo.1978). Pursuant to W.R.C.P. 60(a), a court may correct a clerical mistake “at any time of its own initiative.” Because of the patent ambiguity in the divorce decree, the district court would have been well within its discretion to sua sponte invoke Rule 60(a). It appears from our review of the record and the order on appeal that the district court approached the proceedings as a request for clarification of an ambiguous divorce decree, thereby implicitly invoking Rule 60(a). We will therefore treat this as a Rule 60(a) proceeding.

*958 [¶ 9] When reviewing a district court’s application of Rule 60(a), this Court employs a two-part process. The first question we must answer is whether the correction or clarification of a judgment relates to a “clerical mistake.” If so, we then review the district court’s order to ascertain whether it clarified or modified the original judgment. Elsasser, 989 P.2d at 108; see also Johnson v. Johnson, 851 P.2d 4, 8 (Wyo.1993) (Taylor, J., dissenting). Both questions are questions of law, which we review de novo. Brockway v. Brockway, 921 P.2d 1104, 1106 (Wyo.1996); see also Johnson, 851 P.2d at 7-8.

[¶ 10] Having already determined that the proceeding properly related to clarifying a clerical mistake, we turn to our review of the district court’s order. We must compare the language of the original divorce decree to the district court’s order to determine whether the court correctly clarified the decree.

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Cite This Page — Counsel Stack

Bluebook (online)
2005 WY 143, 122 P.3d 955, 2005 Wyo. LEXIS 170, 2005 WL 3068207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-crayk-wyo-2005.