Hayes v. Hayes

30 P.3d 275, 96 Haw. 261, 2001 Haw. App. LEXIS 149
CourtHawaii Intermediate Court of Appeals
DecidedJuly 24, 2001
DocketNo. 23146
StatusPublished
Cited by1 cases

This text of 30 P.3d 275 (Hayes v. Hayes) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayes v. Hayes, 30 P.3d 275, 96 Haw. 261, 2001 Haw. App. LEXIS 149 (hawapp 2001).

Opinion

[263]*263Opinion of the court by

BURNS, C.J.

Defendant-Appellant Edward E. Hayes (Edward) appeals the family court’s (1) September 24, 1999 Order Granting in Part Plaintiffs Motion for Post Decree Relief Filed May 13, 1999 (September 24, 1999 Order), and (2) January 10, .2000 Order Re: Trial of December 3, 1999 (January 10, 2000 Order). We affirm.

BACKGROUND

Edward and Plaintiff-Appellee Nancy Ann Hayes (Nancy Ann) were married on August 25, 1968. Them first son was born on March 16, 1969; them second son on July 29, 1971; and their daughter on March 21,1975.

On October 14, 1996, Nancy Ann filed a Complaint for Divorce.

On June 8, 1998, the family court permitted Paul W. Soenksen to withdraw as counsel for Edward and to impose and record against the marital residence a $25,000 charging lien for attorney fees unpaid by Edward.

On June 23, 1998, the family court entered its Decree of Absolute Divorce (Divorce Decree). The Divorce Decree ordered the sale of the marital residence. Paragraph 7d(i)(2)(f) of the Divorce Decree states as follows:

The proceeds from the sale of the [marital residence] property shall be used first to pay any brokerage fees and closing costs and any indebtedness secured by the property. The remaining net sale proceeds shall be used to pay off the joint marital bills as further described in paragraph 8(a). The balance of the net sales proceeds are to be divided such that [Nancy Ann] is awarded 60% of the net sales proceeds as an unequal and non-taxable property division and [Edward] receiving the other 40% of the net sales proceeds, subject to the terms of the other provisions of this divorce decree.

Paragraph 13 of the Divorce Decree states, in relevant part, as follows:

... Any and all other property not specifically distributed under the terms of this Decree shall be awarded to its legal owner.
... [B]oth [Nancy Ann] and [Edward] do hereby fully release, hold harmless and discharge one another of and from all claims which either of them may have or at any time may claim against the other; including but not limited to any and all claims and/or demands of every kind and character whatsoever which either party may have had, or may have as of this date, against one another whether growing out of them relationship as Husband and Wife or otherwise. This mutual release includes any and all claims by either party in and/or to any money, property right or interest of value of any nature whatsoever now or hereafter owned or acquired by the other party singly or jointly with any other.
Each party states that they have fully disclosed in them respective Asset and Debt statements filed with this court any and all marital assets and debts that they both have, whether said marital assets and debts are in their sole name, in them name jointly with any other person, or that may have been transferred into the name of any other person during the period the parties have been married. [Nancy Ann] is relying upon the full disclosure of the marital assets and debts as contained in [Edward’s] filed asset and debt statement in agreeing to a settlement of the divorce upon the terms contained in this Divorce Decree. Accordingly, excluded from the release contained herein, are any and all claims that [Nancy Ann] may have or may acquire in the future of any nature and kind that are derived from acts of fraud or concealment of any marital assets of any kind or nature by [Edward].
In the event [Nancy Ann] becomes aware of any such assets after the effective date of this Divorce Decree, the parties specifically agree, and the Court so orders, that the Family Court is to have continuing jurisdiction to hear any such claims under Rule 60 of the Family Court Rules and such other Rules and statutory provisions as may be applicable. Further, in the event such action is filed by [Nancy Ann], 75% of the gross value of any such assets found by the court to have been concealed or not fully disclosed at the time of the divorce by [Edward] shall be award-[264]*264eel [to Nancy Ann], to be paid to her from the assets of [Edward]. The prevailing party in such action shall also be awarded their reasonable attorney fees and costs.

Paragraph 10 of the Divorce Decree states that “[e]ach party shall pay then’ own attorneys’ fees and costs incurred herein.”

In August of 1998 the marital residence was sold for $530,000. After payment of the secured debts (including the $25,000 owed by Edward to his prior attorney in this divorce case) and closing costs, the balance was distributed in accordance with the terms of the Divorce Decree.

On May 14, 1999, Edward left Hawai'i and relocated to San Diego and settled in a residence on June 8,1999.

The federal Homeowner’s Assistance Program (HAP), 42 U.S.C.A. § 3374 (Supp.1998), states, in relevant part, as follows:

Acquisition of property at or near military bases which have been ordered to be closed

(a) Authorization; conditions precedent
... [T]he Secretary of Defense is authorized ... to reimburse for certain losses upon private sale of, ... any property improved with a one- or two-family dwelling which is situated at or near a military base or installation which the Department of Defense has, subsequent to November 1, 1964, ordered to be closed in whole or in part, if he determines—
(1) that the owner of such property is, or has been, a Federal employee employed at or in connection with such base or installation ...;
(2) that the closing of such base or installation, in whole or in part, has required or will require the termination of such owner’s employment or service at or in connection with such base or installation ...; and
(3) that as the result of the actual or pending closing of such base or installation, ... there is no present market for the sale of such property upon reasonable terms and conditions.
(b) Eligibility for benefits; criteria
(1) In order to be eligible for the benefits of this section, a civilian employee
[[Image here]]
(A) must be assigned to or employed at or in connection with the installation or activity at the time of public announcement of the closure action, ...;
[[Image here]]
(4) At the time of public announcement of the closure action, ... such personnel or employees must—
(A) have been the owner-occupant of the dwelling,....
(5) As a consequence of such closure' such employees or personnel must—
(A) be required to relocate because of ... acceptance of employment beyond a normal commuting distance from the dwelling for which compensation is sought,....
[[Image here]]
(c)Election of benefits;....

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hayes v. Hayes
32 P.3d 668 (Hawaii Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
30 P.3d 275, 96 Haw. 261, 2001 Haw. App. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-hayes-hawapp-2001.