Greenwood v. Greenwood

1999 ND 126, 596 N.W.2d 317, 1999 N.D. LEXIS 146, 1999 WL 487153
CourtNorth Dakota Supreme Court
DecidedJuly 13, 1999
Docket980313
StatusPublished
Cited by40 cases

This text of 1999 ND 126 (Greenwood v. Greenwood) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greenwood v. Greenwood, 1999 ND 126, 596 N.W.2d 317, 1999 N.D. LEXIS 146, 1999 WL 487153 (N.D. 1999).

Opinion

VANDE WALLE, Chief Justice.

[¶ 1] Jamie Scott Greenwood appealed from an amended divorce judgment. We affirm.

[¶ 2] June Duray and Jamie Greenwood married in 1983, and had one child, Jarrid, in 1984. The parties divorced in 1987. The divorce judgment issued on November 17, 1987, which was based on the parties’ agreement, granted June, the plaintiff, a divorce and custody of Jarrid, divided the marital property, ordered Jamie to pay child support of $450 per month, and ordered Jamie to pay spousal support. The judgment provided, in part:

4. Defendant shall pay to the Plaintiff the sum of Five Hundred and no/100 Dollars ($500.00) per month for spousal maintenance ... until the Plaintiff dies or has remarried, whichever occurs first, when said obligation for payment of said spousal maintenance shall cease. Further, the Plaintiff does hereby waive her rights as to any increase of spousal maintenance during the ten (10) years following the entry of the Decree or Judgment of Divorce....
5. The parties may and shall live apart for the rest of their lives and each shall be free from any interference, direct or indirect, by the other as if each were unmarried.... Each may, for his or her separate benefit, engage in any employment, business or profession which he or she may choose.

The judgment also obligated Jamie to purchase a health insurance policy for June until she remarried, equivalent to the coverage she had through Jamie’s employer.

[¶ 3] Jamie remarried in 1988. Jamie and his wife, Beth, have three children, who were born in 1988, 1991, and 1993. In 1989, Jamie moved to terminate his spousal support obligation and to reduce his child support obligation. At the motion hearing, Jamie withdrew his request to reduce his child support obligation. On November 7, 1989, the district court entered an order denying Jamie’s motion to terminate spousal support.

[¶ 4] In 1998, Jamie moved to discontinue his spousal support and health insurance obligations to June and to change life insurance beneficiaries. June moved to have Jamie’s child support obligation amended to conform to the child support guidelines.

[¶ 5] In an interlocutory order of May 14, 1998, the trial court ruled the divorce judgment “establishes spousal maintenance which is in the nature of permanent spousal support and not in the nature of rehabilitative spousal support.” In its memorandum decision of August 17, 1998, the trial court found, among other things:

Since the divorce, the plaintiff has not been fully employed due to her chronic illness. She was diagnosed with systemic lupus erythematosus, a connective tissue disease which involves inflammation of the collagen.... The plaintiff con *321 tracted the disease shortly after the birth of the parties’ child....
While there is no known cure for the disease, there are varying levels of severity of the condition in different people, and the symptoms may appear and disappear over fairly rapid periods of time.... The primary symptoms of the plaintiff involve extreme tiredness and the impairment of memory and other cognitive abilities.
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Plaintiff also suffers from Raynáud’s phenomenon, a common symptom of SLE, according to defendant’s brief (attachment 25). The same attachment lists inability to concentrate as another complication, along with other mental or emotional components.
There can be no doubt that plaintiff suffers from SLE and that the disease may be quiescent, but she still has many of the symptoms, such as tiredness, inability to concentrate, memory loss and other cognitive problems.
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The evidence is clear that the plaintiff’s health is still precarious and she is working to the full extent that her physical abilities allow. There has been no change in circumstances in that regard.
The defendant contends that plaintiff could work full time if she took the corticosteroids. There is no evidence of that in the record....
Defendant also contends that there is a change in circumstances due to his decrease in income and his wife’s physical problems....
All of the alleged changed conditions advanced by the defendant are really not changed conditions at all. The fact that he has remarried and assumed family obligations was not unanticipated, nor was it involuntary....
.... But plaintiffs health is problematic, and her outlook is far from rosy. She needs and deserves the spousal support provided under the judgment resulting
from the defendant’s agreement and contractual undertaking to provide such support. ■
The defendant’s income has increased significantly since the original divorce decree. He was then making about $51,000 per year. His income now is $62,020, including salary of $53,520 and commissions of $8,500. The plaintiffs income has remained fairly stable over the years.

[¶ 6] The court denied Jamie’s request and increased his child support obligation to $556 per month. The judgment was amended accordingly. On appeal,' Jamie contends the trial court erred in concluding the original spousal maintenance award was permanent, rather than rehabilitative; the trial court abused its discretion in excluding evidence and cross-examination about medical records before 1989; and the trial court’s finding there was not a material change in circumstances warranting termination or modification of spousal support is clearly erroneous. We discuss his contentions in order.

[¶ 7] Jamie contends the trial court erred in construing the original judgment as requiring payment of permanent rather than rehabilitative spousal maintenance.

[¶ 8] “Interpretation of a judgment is a question of law, and an unambiguous judgment may not be modified, enlarged, restricted, or diminished.” Dakutak v. Dakutak, 1997 ND 76, ¶ 6, 562 N.W.2d 750. “[T]he question whether a judgment is. ambiguous is a question of law.” Id. “There is an ambiguity when language can be reasonably construed as having at least two alternative meanings.” Id. “If the same trial judge clarifies an original judgment, we afford the judge’s clarification considerable deference.” Id.

[¶ 9] Insofar as it is important to delineate the reasons for spousal support, permanent spousal support is awarded to provide traditional maintenance for a *322 spouse incapable of adequate rehabilitation or self-support. Gregg v. Gregg, 1998 ND 204, ¶ 20, 586 N.W.2d 312; Cermak v. Cermak, 1997 ND 187, ¶ 8, 569 N.W.2d 280. Rehabilitative spousal support is awarded to equalize the burdens of divorce or to restore an economically disadvantaged spouse to' independent status, Gregg, at ¶ 20, by providing a disadvantaged spouse an opportunity to acquire an education, training, work skills, or experience to become self-supporting, Heley v. Heley,

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Bluebook (online)
1999 ND 126, 596 N.W.2d 317, 1999 N.D. LEXIS 146, 1999 WL 487153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenwood-v-greenwood-nd-1999.