Groenstein v. Groenstein

2005 WY 6, 104 P.3d 765, 2005 WL 100853
CourtWyoming Supreme Court
DecidedJanuary 19, 2005
Docket04-60
StatusPublished
Cited by5 cases

This text of 2005 WY 6 (Groenstein v. Groenstein) 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
Groenstein v. Groenstein, 2005 WY 6, 104 P.3d 765, 2005 WL 100853 (Wyo. 2005).

Opinion

STEBNER, District Judge, Retired.

[¶ 1] Timothy Groenstein (Father) filed for divoree from Yasmine Groenstein (Mother). The couple has one child. Father appeals the divorcee decree entered by the district court. Father claims that the district court abused its discretion in determining child custody and child support. We affirm in part and reverse in part.

ISSUES

[¶ 2] Father states the issues as:

1. Did the district court abuse its discretion in deciding that Defendant should have custody of the parties' son, [ ]?
2. Did the district court abuse its discretion by determining Plaintiff's child support obligation without giving any consideration to benefits paid to his son, [ ], by *767 the Social Security Administration on account of his father's disability?
3. Did the district court abuse its discretion in determining the amount of child support owed by Plaintiff by imputing income to him based on a 10% annual return on his investment portfolio?
4. Did the district court abuse its discretion in determining the amount of imputed income attributed to the Defendant when computing child support?

Mother réphrases the issues as: .

1. Was the district court's award of primary custody to the mother a reasonable choice under the cireumstances, giving full consideration to the best interests of the child and the evidence presented?
2. Was the district court's decision not to consider social security disability payments to the minor child in computing income and determining the child support obligation of the father a reasonable choice?
~ 8. Was the district court's award of child support based on imputed income from an investment portfolio a reasonable choice under the circumstances given the evidence presented? j
4. Was the district court's award of child support based on imputed income of Ap-pellee a reasonable choice under the circumstances?

FACTS

[¶3] Mother and Father met in Colombia in November of 2000. After a brief courtship, Mother and Father were married on June 16, 2001, in Jackson, Wyoming. In December of 2001, the couple's son was born. However, Mother's and Father's relationship deteriorated in the months following the child's birth, and Father filed for divorcee on May 29, 2002.

[T4] Father is a former computer engineer. In 1985, during back surgery, Father suffered a spinal cord injury at the C-5 level. As a result, Father cannot walk and has lost some of the dexterity in his fingers. However, he uses a manually propelled wheel chair and has lived independently for the last 18 years. He continues to participate in many outdoor activities, and also repairs his own vehicles, cleans his own home, cooks, and does wood and metalworking. Father is not employed, but has a considerable investment portfolio funded by a settlement of the malpractice suit stemming from his injury.

[T5] Mother is a citizen of Colombia. In 1985, she obtained a degree from New York University in business administration and finance. Upon earning her business degree, Mother worked as the operations manager at a large corporation. After several years, Mother returned to school in Bogoté, Colombia and obtained a degree in fashion design. Following her schooling in Bogoté, Mother worked in the fashion industry for several years before taking a position as a financial planner. During the parties' courtship and marriage Mother was not employed. In the months following the couple's separation, Mother began working about 20 hours a week at three part-time jobs.

[T6] Before trial, the district court appointed a special master to make recommendations on the various aspects of the case. A guardian ad litem (GAL) was also appointed to represent the best interests of the child. After a hearing, the special master issued his report and recommendations to the court regarding temporary custody, visitation, and support. The special master noted that both parties demonstrated "a good deal of love and concern" for the child and that there was no evidence to suggest that either parent was unfit. The special master then found that it was in the best interests of the child to award Mother temporary primary physical custody and Father liberal visitation. This recommendation was due in part to the child's tender age.

[$7] When calculating temporary child support, the special master noted that it was difficult to do so because neither party had a real source of income. At that time Mother did not work, and Father's income derived from social security disability payments and income on his investments. The special master found that, because of market difficulties at the time, Father's income had almost ceased. He therefore decided to impute the statutory rate of interest on Father's investment portfolio. See Wyo. Stat. Ann. § 1-16-102. His recommendation stated:

*768 In this case, [Father] has an investment portfolio valued (as of the date of the hearing) at $735,000.00. Imputing a statutory rate of interest on that sum would yield [an] annual gross income of $78,500.00. Reducing that amount by a tax rate of 86% would yield a net annual income of $49,245.00 or a monthly net income of $4,103.00.[ 1 ]

The special master also imputed net income of $500 to Mother. Following the special master's report, the court ordered temporary support and custody in conformity with the special master's recommendation.

[T8] A trial to the district court took place in September of 20083. Both parties presented evidence regarding their parenting skills and finances. Prior to trial, the parties received an evaluation from a custody evaluation expert, Dr. Steven Nelson. Dr. Nelson testified at trial that he recommended a shared custody arrangement with physical visitation of three days with one overnight visitation. The GAL recommended that Mother have primary custody. As ordered in the Divorce Decree, the district court found that shared custody was not appropriate, and found that Mother should have primary care, custody, and control of the child subject to Father's liberal visitation. The parties had previously stipulated to Father having visitation on three days. The district court found that this three-day visitation was working well and should not be changed and also ordered overnight visitation at Father's house every other weekend.

[¶9] The district court additionally found that Mother was working 20 hours a week at three part-time jobs but determined that Mother was capable of working 40 hours a week and thus found Mother voluntarily underemployed and imputed Mother's net income at $1,400 per month. The district court also found that Father was voluntarily unemployed and used the special master's caleulation of imputed income to impute income to Father. The district court reasoned,

[Father's] income is derived from his investment portfolio, a $1,290.00 monthly So-clal Security Disability Insurance benefit and a $674.00 monthly social security benefit for the [child].

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Cite This Page — Counsel Stack

Bluebook (online)
2005 WY 6, 104 P.3d 765, 2005 WL 100853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/groenstein-v-groenstein-wyo-2005.